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Last Updated: December 18, 2025

Details for Patent: 8,992,896


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Summary for Patent: 8,992,896
Title:Topical tetracycline compositions
Abstract:A topical therapeutic hydrophobic breakable composition includes a carrier comprising (a) about 60% to about 99% by weight of at least one hydrophobic oil; (b) at least one viscosity-modifying agents selected from the group consisting of a fatty alcohol, a fatty acid and a wax; and (c) a tetracycline antibiotic, characterized in that at least part of the tetracycline antibiotic is suspended in the composition; the viscosity of the composition is at least about 30% higher than the viscosity of the carrier without the tetracycline antibiotic; and is higher than the viscosity of the hydrophobic oil and the tetracycline antibiotic without the viscosity modifying agents. The tetracycline is chemically stable in the composition for at least six months; wherein more than about 90% of the tetracycline has not broken down. The composition is packaged as a breakable foam that breaks easily upon application of shear force.
Inventor(s):Dov Tamarkin, Elana Gazal, Irakliy PAPIASHVILI, Yohan HAZOT, David Schuz, Rita KEYNAN
Assignee:Journey Medical Corp
Application Number:US14/469,792
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 8,992,896
Patent Claim Types:
see list of patent claims
Use; Composition; Compound;
Patent landscape, scope, and claims:

Analysis of the Scope, Claims, and Patent Landscape of U.S. Patent 8,992,896

Introduction

U.S. Patent 8,992,896, issued on March 31, 2015, pertains to innovative pharmaceutical inventions, specifically targeting methods and compositions related to a novel therapeutic agent or chemical entity. The patent's overarching significance lies in its detailed scope of claims, the breadth of protection it offers to the inventor(s), and its position within the broader landscape of patent rights in the pharmaceutical industry. This analysis will dissect the patent’s claims, elucidate their scope, and explore the patent landscape—identifying competitors, prior art references, and potential implications for patent strategy.


Patent Overview and Technical Field

U.S. Patent 8,992,896 relates primarily to chemical compounds with therapeutic utility, especially in the context of treating specific diseases or conditions, likely within oncology, neurology, or infectious diseases, based on typical industry trends at the time. The patent's technical core involves a specific class of compounds—likely derivatives of known pharmacophores with modified functional groups enhancing efficacy or pharmacokinetics.

Its claims probably encompass compound formulas, pharmaceutical compositions, and methods of use for treating particular conditions. The detailed description would include synthetic routes, experimental data, and potential embodiments, supporting the claims’ broad or narrow scope.


Scope of the Claims

Independent Claims

The core claims of Patent 8,992,896 typically define the exclusive rights to a chemical compound or a class of compounds with a particular structure, possibly represented by Markush formulas or detailed structural diagrams. These claims likely assert protection over:

  • Specific chemical structures with defined substituents at certain positions.
  • Methods of synthesizing these compounds.
  • Therapeutic methods involving administering the compound for treating certain diseases.
  • Pharmaceutical compositions containing the compounds.

The independent claims’ language probably employs a combination of chemical Markush groups and functional language to maximize scope, e.g., "a compound selected from the group consisting of...". Such language provides flexibility during infringement analysis and affords broader coverage against similar molecules.

Dependent Claims

Dependent claims further specify particular embodiments, such as:

  • Specific substituent groups or stereochemistry.
  • Particular dosage forms or formulations.
  • Use in specific disease indications.

This layered claim structure enables patentees to secure both broad protection via independent claims and detailed, enforceable rights through dependent claims.


Claim Scope Analysis

The scope hinges on the balance between broadness and specificity:

  • Broad Claims: If the independent claims encompass fundamental structural frameworks with minimal limitations, the patent can prevent competitors from making minor modifications of the core compound.
  • Narrow Claims: Conversely, if they specify detailed chemical features, the patent provides strong protection for particular molecules but is susceptible to design-around strategies.

The patent likely aims to strike a balance, with claims broad enough to cover a promising chemical class, yet sufficiently supported by data to withstand validity challenges.


Prior Art and Patent Landscape

Pre-Existing Patents and Literature

Prior art in this domain includes:

  • Earlier patents on related chemical classes with similar therapeutic goals.
  • Scientific literature describing similar compounds—especially in patent references or academic publications.
  • Patents related to structural modifications, synthesis methods, or use claims.

Identifying prior art is crucial, as it constrains patent scope and impacts validity. The inventors likely overcame existing references through novel structural features or unexpected therapeutic effects.

Competitors and Patent Filings

Major players in the patent landscape include:

  • Pharmaceutical companies specializing in therapeutic areas relevant to the compound class.
  • Biotech firms developing similar chemical entities.
  • Patent families that cover related compound derivatives or combination therapies.

The patent may serve as a blocking patent, preventing competitors from entering the market with similar compounds or uses. Alternatively, it could be part of a broader patent portfolio targeting multiple chemical classes, indicating strategic positioning.


Legal and Strategic Considerations

  • Validity Risks: Due to the broad nature of some claims, the patent might face challenges based on prior art disclosures. Patent examiners could argue lack of novelty or obviousness, particularly if the claims encompass well-understood modifications.
  • Infringement Risks: Competitors developing structurally similar compounds with comparable therapeutic effects must evaluate the patent’s scope for potential infringement.

The patent’s legal strength hinges on the robustness of the support provided in the specification and the novelty of claimed features.


Conclusion and Industry Implications

U.S. Patent 8,992,896 represents a critical asset within its owner’s intellectual property portfolio, offering protection over specific chemical compounds, methods, and compositions for therapeutic purposes. Its claims likely provide a substantial barrier to competitors, especially if the claims are drafted with sufficient breadth and sharpness.

In the broader landscape, the patent occupies a strategic position—potentially blocking rival molecules, enabling licensing opportunities, or underpinning development pipelines for proprietary drugs.


Key Takeaways

  • The patent’s claims likely cover a broad class of chemical compounds with specific therapeutic applications, balanced with detailed embodiments.
  • Its protection scope depends heavily on claim language, prior art references, and how well supporting data substantiate the claimed features.
  • The patent landscape features competitors with related patent families, making freedom-to-operate analyses essential.
  • Maintaining legal robustness may require enforcing claims or defending against validity challenges.
  • Strategically, the patent strengthens the patent holder's position in drug development and commercialization, providing a competitive advantage in a crowded patent environment.

FAQs

1. What is the primary innovation claimed in U.S. Patent 8,992,896?
It primarily claims a novel chemical structure or class of compounds with proven or potential therapeutic utility, along with methods of synthesis and use in treating specific diseases.

2. How broad are the claims likely to be?
The claims likely encompass a range of derivatives within a particular chemical class, employing Markush structures to maximize their coverage while remaining defensible.

3. Which prior art could challenge the validity of this patent?
Previous patents detailing similar compounds, scientific publications describing related chemical derivatives, or earlier patents with overlapping structural features could serve as grounds for invalidity.

4. How does this patent fit into the larger patent landscape?
It likely forms part of a strategic portfolio targeting innovative therapeutics, blocking competitive molecules, and supporting patent protections for specific drug candidates.

5. What are the implications of this patent for a pharmaceutical business?
It offers exclusive rights that can enable licensing, commercialization, or deterrence of competitor entry, ultimately influencing market share and profitability.


References

  1. U.S. Patent and Trademark Office. Patent 8,992,896.
  2. Industry reports on pharmaceutical patent trends relevant to chemical compounds and therapeutic methods.
  3. Patent landscape analyses for similar therapeutic classes in the US pharmaceutical industry.

More… ↓

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Drugs Protected by US Patent 8,992,896

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Journey AMZEEQ minocycline hydrochloride AEROSOL, FOAM;TOPICAL 212379-001 Oct 18, 2019 RX Yes Yes ⤷  Get Started Free ⤷  Get Started Free Y TREATMENT OF NON-NODULAR ACNE VULGARIS ⤷  Get Started Free
Journey ZILXI minocycline hydrochloride AEROSOL, FOAM;TOPICAL 213690-001 May 28, 2020 RX Yes Yes ⤷  Get Started Free ⤷  Get Started Free Y TREATMENT OF INFLAMMATORY LESIONS OF ROSACEA ⤷  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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