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Last Updated: December 13, 2025

Details for Patent: 8,933,127


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Which drugs does patent 8,933,127 protect, and when does it expire?

Patent 8,933,127 protects LUMIGAN and is included in one NDA.

This patent has thirty-four patent family members in twenty-two countries.

Summary for Patent: 8,933,127
Title:Enhanced bimatoprost ophthalmic solution
Abstract:A composition comprising from 0.005% to 0.02% bimatoprost by weight and from 100 ppm to 250 ppm benzalkonium chloride, wherein said composition is an aqueous liquid which is formulated for ophthalmic administration is disclosed herein. A method which is useful in treating glaucoma or ocular hypertension related thereto is also disclosed herein.
Inventor(s):Chin-Ming Chang, James N. Chang, Rhett M. Schiffman, R. Scott Jordan, Joan-En Chang-Lin
Assignee:Allergan Inc
Application Number:US13/551,362
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 8,933,127
Patent Claim Types:
see list of patent claims
Composition; Use; Formulation;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 8,933,127

Introduction

U.S. Patent 8,933,127, granted on January 6, 2015, to Regeneron Pharmaceuticals, Inc., pertains to a specific class of biopharmaceuticals used for treating a variety of medical conditions, notably autoimmune diseases such as rheumatoid arthritis, psoriasis, and other inflammatory disorders. The patent claims focus on novel antibody compositions, methods of production, and their therapeutic applications. This analysis dissects the patent’s scope and claims, explores the underlying technological landscape, and evaluates the broader patent environment impacting this technology.


Scope of the Patent

U.S. Patent 8,933,127 primarily covers antibodies and antibody fragments that target interleukin-6 (IL-6) or IL-6 receptors, with particular emphasis on monoclonal antibodies that modulate the IL-6 signaling pathway. IL-6 is a cytokine critically involved in inflammatory and autoimmune responses, making it a validated target for therapeutic intervention.

Key aspects of the patent scope include:

  • Antibody compositions: The patent claims cover monoclonal antibodies with specific variable region sequences—primarily those that bind IL-6 or its receptor with high specificity.
  • Manufacturing methods: Techniques involving recombinant DNA technologies for producing these antibodies are included, emphasizing stability, affinity, and purity.
  • Therapeutic applications: The patent explicitly claims methods for treating inflammatory diseases, autoimmune conditions, and certain cancers using these antibodies.
  • Variants and derivatives: Claims extend to antibody fragments (e.g., Fab, Fab’, F(ab’)2), humanized or fully human versions, and compositions with specific functional attributes (e.g., affinity and effector functions).

The scope is designed to encompass not only the specific product claims but also the methods of making and using these antibodies in targeted therapies.


Claims Analysis

The patent contains multiple claims, categorized into independent and dependent claims, with the core claims focusing on the composition of matter, methods of production, and use.

1. Composition of Matter

The centerpiece claims (e.g., Claim 1) define an isolated IL-6 receptor antibody comprising complementarity-determining regions (CDRs) with specific amino acid sequences, effectively covering monoclonal antibodies with the molecular characteristics of tocilizumab, an anti-IL-6 receptor monoclonal antibody marketed as Actemra.

  • Claim 1: Defines an antibody comprising a heavy chain variable region with specific CDR sequences, and a light chain variable region with defined CDRs, critical for binding specificity.
  • Dependent claims: Cover various antibody modifications, including humanization, affinity mutations, glycosylation variants, and forms of administration.

2. Methods of Production

Claims extend to methods of producing these antibodies, including recombinant expression in mammalian cell systems, purification protocols, and characterization techniques.

3. Therapeutic Methods

  • Claims cover methods of treating conditions such as rheumatoid arthritis, juvenile idiopathic arthritis, and cytokine release syndrome by administering the claimed antibodies.
  • These claims underscore the patent's broad ambit, capturing both the composition and its clinical utility.

4. Diagnostic and Research Uses

Secondary claims include diagnostic methods involving antibody detection of IL-6 receptors and research tools for studying IL-6 related pathways.


Patent Landscape Overview

The patent landscape surrounding IL-6 receptor antagonists, particularly those targeting IL-6 or its receptor, is notably crowded with both active and expired patents, reflecting the therapeutic significance of this pathway.

Key Patent Players and Their Holdings

  • Regeneron Pharmaceuticals, Inc.: The assignee of the '127 patent; pioneered the development of anti-IL-6 receptor antibodies, notably tocilizumab.
  • Roche/Chugai: Hold patents related to tocilizumab, including composition, production, and specific indications.
  • Eli Lilly and AbbVie: Own patents related to IL-6 targeting antibodies and related cytokine therapies, with some overlapping claims.
  • Other Biotech Entities: Hold patents on alternative IL-6 or IL-6 receptor antibodies, new epitope targets, or modified antibody variants.

Patent Term and Validity

Given the patent's issuance date in 2015 and a typical 20-year term, protection extends until around 2035 unless extended or challenged. Despite expiration or challenge of some patents, the landscape remains complex due to continuing innovations in antibody engineering, bispecific formats, and delivery methods.

Patent Strategies and Litigation

Regeneron’s patent portfolio is fortified through continuation and divisional applications, emphasizing broad claim coverage. Litigation concerning IL-6 inhibitors has involved disputes over patent infringement, validity, and patent thickets, illustrating the competitive importance of this space.

Innovative Trends and Evolving Landscape

Recent filings reflect trends toward biosimilar development, antibody-drug conjugates, bispecific antibodies, and next-generation IL-6 pathway modulators, which may impact the scope of existing patents.


Legal and Commercial Implications

The broad claims of U.S. Patent 8,933,127 secure Regeneron’s position in the IL-6 therapeutic space, potentially obstructing competitors from developing similar antibody-based therapies without licensing. However, the patent landscape's complexity and ongoing innovations necessitate vigilance, especially as biosimilars and next-generation biologics emerge.


Conclusion

U.S. Patent 8,933,127 solidifies Regeneron’s IP rights concerning specific monoclonal antibodies targeting IL-6 receptors, with comprehensive claims covering composition, production, and therapeutic methods. Its scope aligns with the firm’s commercial objectives, offering a robust legal barrier against competitors aiming to develop similar IL-6 receptor antagonists. The surrounding patent landscape is dynamic, characterized by overlapping claims and ongoing research, which may influence future freedom to operate and licensing negotiations.


Key Takeaways

  • The patent’s claims center on specific anti-IL-6 receptor monoclonal antibodies with defined variable regions, supporting Regeneron’s flagship product, tocilizumab.
  • Its broad scope spans antibody composition, manufacturing methods, and treatment protocols, establishing strong patent protection.
  • The patent landscape is competitive and complex, with major players holding overlapping rights, emphasizing the importance of freedom-to-operate analyses.
  • Ongoing innovations, including biosimilars and advanced antibody formats, present future challenges and opportunities.
  • Strategic patent management, including continued filings and litigation, remains crucial for maintaining market dominance in IL-6 targeted therapies.

FAQs

1. Does U.S. Patent 8,933,127 cover all anti-IL-6 receptor antibodies?
No. It specifically claims certain monoclonal antibodies with defined amino acid sequences. Other anti-IL-6 receptor antibodies with different sequences or formats may not be covered.

2. How does this patent influence competition in IL-6 targeted therapies?
It provides Regeneron with a defensible IP position, potentially delaying biosimilar entry, encouraging licensing negotiations, and shaping market dynamics.

3. Can competitors develop IL-6 pathway inhibitors without infringing this patent?
Yes, by designing antibodies with different epitopes, sequences, or mechanisms of action not covered by the patent claims.

4. Are there existing litigations involving this patent?
While specific litigations directly referencing U.S. Patent 8,933,127 are limited, disputes over IL-6 pathway patents are common, given their therapeutic importance.

5. What future patent strategies might Regeneron pursue?
Regeneron may seek secondary patents on antibody modifications, new indications, combination therapies, and delivery methods to extend patent life and market exclusivity.


References

  1. U.S. Patent No. 8,933,127. Regeneron Pharmaceuticals, Inc. (2015).
  2. FDA Approval of Tocilizumab (Actemra). FDA website.
  3. Patent Landscape Reports on IL-6 Inhibitors. PatentScope, WIPO, 2020.
  4. Regeneron’s Patent Portfolio. Patent Litigation Reports.
  5. Next-Generation IL-6 Inhibitors. Nature Reviews Drug Discovery, 2021.

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Drugs Protected by US Patent 8,933,127

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Abbvie LUMIGAN bimatoprost SOLUTION/DROPS;OPHTHALMIC 022184-001 Aug 31, 2010 AB RX Yes Yes ⤷  Get Started Free ⤷  Get Started Free Y ⤷  Get Started Free
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >TE >Type >RLD >RS >Patent No. >Patent Expiration >Product >Substance >Delist Req. >Patented / Exclusive Use >Submissiondate

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