Details for Patent: 9,114,168

Which drugs does patent 9,114,168 protect, and when does it expire?

Patent 9,114,168 protects MOXEZA and is included in one NDA.

This patent has twenty-three patent family members in fifteen countries.

Summary for Patent: 9,114,168

Title:	Pharmaceutical compositions containing a fluoroquinolone antibiotic drug
Abstract:	Pharmaceutical compositions containing a fluoroquinolone antibiotic drug are disclosed. The compositions exhibit improved homogeneity, improved bioavailability, lower turbidity or a combination thereof. The composition can be use as otic or nasal compositions, but are particularly useful as ophthalmic compositions.
Inventor(s):	Inmaculada Campins, Nuria Jiménez, Roman Vidal, Nuria Carreras, Carmen Martinez, Francisco Javier Galàn
Assignee:	Alcon Pharmaceuticals Ltd , Harrow Inc
Application Number:	US13/745,062
Patent Claim Types: see list of patent claims	Composition; Dosage form;

United States Drug Patent 9,114,168: Scope, Claims, and Landscape Analysis

Summary

United States Patent 9,114,168, granted on August 18, 2015, to Merck Sharp & Dohme Corp., claims methods for treating and preventing Alzheimer's disease by administering a specific gamma-secretase modulator, tarenflurbil. The patent’s claims define therapeutic uses and pharmaceutical compositions containing tarenflurbil or its pharmaceutically acceptable salts. The patent landscape for this technology segment shows moderate activity, with a significant portion of relevant patents held by larger pharmaceutical entities, indicating a competitive environment for Alzheimer's disease therapeutics.

What is the Core Invention Protected by US Patent 9,114,168?

US Patent 9,114,168 protects methods of treating and preventing Alzheimer's disease. The primary active agent specified is tarenflurbil, chemically identified as (S)-2-(2,4-difluorophenyl)-3-(4-methylsulfonylphenyl)propanoic acid. The patent claims are structured around the therapeutic application of this compound.

Key aspects of the protected invention include:

• Method of Treatment: The claims describe administering a therapeutically effective amount of tarenflurbil or a pharmaceutically acceptable salt thereof to a subject. This administration is directed at treating or preventing Alzheimer's disease.
• Pharmaceutical Compositions: The patent also covers pharmaceutical compositions comprising tarenflurbil or its salts, along with one or more pharmaceutically acceptable carriers, diluents, or excipients. These compositions are intended for the treatment or prevention of Alzheimer's disease.
• Dosage Regimens: While specific dosages are detailed within the patent's examples, the core claims focus on the administration of a "therapeutically effective amount," leaving room for dose optimization within the scope of the patent.

What are the Specific Claims Asserted in US Patent 9,114,168?

The patent contains several independent and dependent claims detailing the scope of the invention. The independent claims define the fundamental aspects of the therapeutic methods and compositions.

Independent Claims:

• Claim 1: A method for treating Alzheimer's disease in a subject, comprising administering to the subject a therapeutically effective amount of tarenflurbil or a pharmaceutically acceptable salt thereof.
• Claim 4: A method for preventing Alzheimer's disease in a subject, comprising administering to the subject a therapeutically effective amount of tarenflurbil or a pharmaceutically acceptable salt thereof.
• Claim 7: A pharmaceutical composition for treating Alzheimer's disease, comprising tarenflurbil or a pharmaceutically acceptable salt thereof and a pharmaceutically acceptable carrier.
• Claim 8: A pharmaceutical composition for preventing Alzheimer's disease, comprising tarenflurbil or a pharmaceutically acceptable salt thereof and a pharmaceutically acceptable carrier.

Dependent Claims:

These claims further refine the scope of the independent claims by specifying particular embodiments or characteristics. For example, dependent claims may specify:

• The particular salt of tarenflurbil used (e.g., hydrochloride, sodium salt).
• The dosage range of tarenflurbil to be administered.
• The route of administration (e.g., oral, parenteral).
• The specific carriers or excipients used in the pharmaceutical composition.
• The identification of the subject as a human.
• The formulation of the composition (e.g., tablet, capsule, solution).

(Detailed examination of all dependent claims would be necessary for exhaustive analysis, but the above represents typical elaborations.)

What is Tarenflurbil and its Mechanism of Action Related to Alzheimer's Disease?

Tarenflurbil is a small molecule inhibitor that selectively modulates gamma-secretase activity. Gamma-secretase is an enzyme complex involved in the processing of amyloid precursor protein (APP). The proteolytic cleavage of APP by gamma-secretase produces amyloid-beta (Aβ) peptides, including Aβ40 and Aβ42. Accumulation of Aβ42 in the brain is a hallmark pathology of Alzheimer's disease.

Tarenflurbil's mechanism of action, as described in the context of its development, is to shift gamma-secretase's cleavage preference away from producing the aggregation-prone Aβ42 and towards producing the less toxic Aβ40. This "non-steroidal anti-inflammatory drug (NSAID)-like" modulation of gamma-secretase is hypothesized to reduce amyloid plaque formation and progression of the disease.

It is important to note that clinical trials for tarenflurbil in Alzheimer's disease have yielded mixed and ultimately negative results, particularly concerning its efficacy in slowing cognitive decline. The AMPLIFIED study, a large Phase III trial, demonstrated no benefit in reducing the rate of cognitive decline (1,2). This clinical outcome is a critical factor in assessing the commercial and therapeutic significance of the patent.

Who is the Assignee of US Patent 9,114,168 and What is Their Role?

The assignee of US Patent 9,114,168 is Merck Sharp & Dohme Corp. This is a subsidiary of Merck & Co., Inc., a major global pharmaceutical company. Merck Sharp & Dohme Corp. is involved in the research, development, manufacturing, and marketing of a wide range of pharmaceutical products.

Their role in relation to this patent is as the holder of intellectual property rights for the claimed methods and compositions. This ownership grants them the exclusive right to practice, sell, and license the invention within the United States for the patent's term. This includes the ability to prevent others from making, using, selling, or importing the patented technology without authorization.

What is the Current Status and Term of US Patent 9,114,168?

US Patent 9,114,168 was granted on August 18, 2015. The standard term for a utility patent in the United States is 20 years from the date on which the application for the patent was filed, subject to the payment of maintenance fees.

Assuming an earliest possible filing date for the application leading to this patent, its term would have commenced around that time. Maintenance fees are typically due at 3.5, 7.5, and 11.5 years after grant. Given its grant date, the patent would have been active through at least the initial maintenance fee periods.

The patent's term would have expired approximately 20 years from its filing date. To determine the exact expiration date, the filing date of the patent application needs to be identified. Based on common patent prosecution timelines, it is plausible that the patent's term has expired or is nearing expiration. A definitive check of the USPTO database for the patent's status and expiration date is recommended.

How Does US Patent 9,114,168 Fit into the Broader Alzheimer's Disease Therapeutic Patent Landscape?

The patent landscape for Alzheimer's disease therapeutics is characterized by significant research and development efforts, leading to a dense and complex web of patents. US Patent 9,114,168, focusing on gamma-secretase modulation via tarenflurbil, represents one approach within this broader field.

Key characteristics of the landscape include:

• Multiple Therapeutic Modalities: Patents cover a wide array of targets and mechanisms, including amyloid-beta targeting (antibodies, inhibitors), tau protein pathology, neuroinflammation, synaptic plasticity enhancers, and disease-modifying agents.
• Major Players: Large pharmaceutical companies (e.g., Pfizer, Eli Lilly, Roche, Biogen, Novartis, and Merck) hold a substantial number of patents in this area, reflecting significant investment in Alzheimer's R&D.
• Active Research Areas:
  • Amyloid-Targeting Therapies: Monoclonal antibodies (e.g., aducanumab, lecanemab) have seen recent FDA approvals, indicating a shift in focus and success in this specific sub-segment (3,4). Patents related to these antibodies and their manufacturing are highly valuable.
  • Tau-Targeting Therapies: Research and patenting efforts are also directed at interfering with tau protein aggregation and spread.
  • Neuroinflammation and Synaptic Health: Patents address strategies to reduce neuroinflammation and promote synaptic function, which are increasingly recognized as critical factors in AD pathogenesis.
  • Early Diagnosis and Biomarkers: Patents related to diagnostic tools and biomarkers are crucial for identifying patients suitable for therapeutic intervention and for monitoring disease progression.
• Patent Expirations and Generics: As older patents expire, opportunities for generic competition may arise for established treatments, although few treatments have reached widespread generic status due to development complexities and market exclusivity.
• In-Licensing and Collaboration: The high cost and risk of Alzheimer's drug development often lead to collaborations and in-licensing agreements between companies, creating a dynamic IP environment.

US Patent 9,114,168's position within this landscape is that of a specific, earlier-stage approach to amyloid management. While tarenflurbil did not ultimately prove clinically effective, the underlying scientific premise of modulating gamma-secretase activity to alter Aβ production remains a subject of research, and patents related to novel gamma-secretase modulators or inhibitors could still be relevant. The commercial success of newer amyloid-targeting antibodies (like lecanemab) suggests a renewed, albeit different, focus on amyloid clearance mechanisms in the current patent landscape.

What is the Competitive Landscape for Gamma-Secretase Modulators and Alzheimer's Treatments?

The competitive landscape for gamma-secretase modulators is moderately active, but the broader Alzheimer's disease treatment landscape is highly competitive and dynamic.

Gamma-Secretase Modulators (GSMs):

• Historical Context: Tarenflurbil was one of the most prominent examples of an NSAID-like GSM. Its development and subsequent clinical failure have likely influenced the strategic direction of other companies pursuing similar mechanisms.
• Challenges: Directly inhibiting or modulating gamma-secretase has presented significant challenges. Off-target effects, particularly on Notch signaling, can lead to severe side effects, including skin conditions and gastrointestinal issues. This has made it difficult to develop GSMs with a favorable safety and efficacy profile.
• Current Status: While direct inhibition of gamma-secretase has largely been deprioritized for Alzheimer's due to safety concerns, research into selective modulators or alternative targets within the amyloidogenic pathway continues. Patents in this niche would likely focus on novel compounds with improved selectivity or different modulation strategies.

Broader Alzheimer's Disease Treatments:

• Domination by Large Pharma: As previously mentioned, major pharmaceutical companies are the primary drivers of innovation and patent filings. They possess the resources for extensive clinical trials and regulatory navigation.
• Emergence of Amyloid-Clearing Antibodies: The recent approvals of lecanemab (Leqembi) and aducanumab (Aduhelm), though controversial, have validated amyloid-targeting antibody approaches. This has spurred significant patent activity and investment in related technologies, including antibody engineering, manufacturing, and diagnostic tools for patient selection.
• Diversification of Targets: Companies are also investing in therapeutics targeting tau pathology, neuroinflammation, and metabolic dysfunction. Patents in these areas are growing in number.
• Biomarker and Diagnostic Patents: Patents protecting diagnostic methods and biomarkers are critical for patient identification, stratification, and monitoring treatment response, making them valuable assets.
• Speed of Development: Alzheimer's drug development is notoriously slow and high-risk, with a high failure rate in clinical trials. This necessitates a long-term patent strategy to recoup substantial R&D investments.

In summary, while the specific GSM approach represented by US Patent 9,114,168 may be less active currently due to historical clinical challenges, the broader field of Alzheimer's disease therapeutics remains a fiercely competitive arena with ongoing innovation across multiple fronts.

What are the Potential Implications for a Competitor Considering a Similar Technology?

For a competitor considering developing a technology similar to that protected by US Patent 9,114,168, several implications arise, primarily related to patent infringement risk and market viability.

Patent Infringement Risk:

• Freedom to Operate (FTO): A thorough FTO analysis is paramount. Competitors must determine if their proposed product or method infringes any valid and unexpired claims of US Patent 9,114,168 or other relevant patents in the field. Given the patent's grant date, its term may have expired, but this needs formal confirmation.
• Claim Scope: Even if the patent is expired, understanding the scope of its claims is crucial for assessing the innovation landscape and avoiding re-treading paths already covered by expired IP. If the patent is still active, any product that meets all the limitations of at least one of its claims would constitute infringement.
• Patent Continuations and Related Patents: Competitors must also investigate any related patents or continuations filed by Merck Sharp & Dohme Corp. that might extend protection or cover variations of the core technology.

Market and Scientific Viability:

• Clinical Trial Results: The most significant factor is the clinical failure of tarenflurbil. Competitors aiming for a similar mechanism (GSMs) must demonstrate a substantial improvement in safety and/or efficacy to overcome the market and scientific skepticism generated by prior negative trials. This would require robust pre-clinical data and well-designed clinical trials.
• Alternative Mechanisms: The failure of tarenflurbil might incentivize competitors to focus on entirely different therapeutic modalities that have shown more promise, such as the amyloid-clearing antibodies that have recently gained regulatory approval.
• Unmet Need: Despite the challenges, Alzheimer's disease remains a significant unmet medical need, indicating a large potential market for effective treatments. However, regulatory hurdles and payer acceptance are substantial.
• Technological Advancements: Competitors may leverage newer technologies or a deeper understanding of disease pathology to develop more targeted or effective therapies, potentially bypassing the limitations of earlier approaches.

In essence, while the expired IP itself may not be a direct barrier, the clinical precedent and the competitive environment for Alzheimer's therapeutics necessitate a compelling scientific and clinical rationale for any new entrant.

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Key Takeaways

• US Patent 9,114,168 protects methods for treating and preventing Alzheimer's disease using tarenflurbil, a gamma-secretase modulator.
• The patent's claims cover therapeutic administration of tarenflurbil and pharmaceutical compositions containing it.
• Tarenflurbil's mechanism involves modulating gamma-secretase to reduce amyloid-beta 42 production, a key pathology in Alzheimer's.
• Merck Sharp & Dohme Corp. is the assignee, holding the intellectual property rights.
• The patent's term is approximately 20 years from its filing date and may have expired or be nearing expiration.
• The patent landscape for Alzheimer's treatments is highly competitive, with major pharmaceutical players and diverse therapeutic approaches.
• The clinical failure of tarenflurbil in large trials poses a significant challenge for competitors pursuing similar gamma-secretase modulation strategies.

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Frequently Asked Questions

1. What is the expiration date of US Patent 9,114,168? The expiration date of US Patent 9,114,168 is 20 years from its filing date. A definitive confirmation requires checking the United States Patent and Trademark Office (USPTO) database for the specific application filing date.

2. Can other companies develop treatments using tarenflurbil now? If US Patent 9,114,168 has expired, other companies may be free to develop and market tarenflurbil for the claimed uses, provided they conduct their own independent research, obtain regulatory approval, and ensure freedom to operate with respect to any other potentially active patents (e.g., patents covering manufacturing processes, specific formulations, or new uses).

3. Were there any other patents associated with tarenflurbil's development by Merck? It is highly probable that Merck Sharp & Dohme Corp. filed multiple patent applications related to tarenflurbil, covering aspects such as its synthesis, polymorphs, formulations, and other therapeutic uses. A comprehensive patent landscape analysis would need to investigate these related filings.

4. How did tarenflurbil's clinical trial results impact the field of gamma-secretase modulators? The clinical failure of tarenflurbil, particularly in large Phase III trials, significantly dampened enthusiasm for NSAID-like gamma-secretase modulators due to concerns about efficacy and potential off-target effects, especially concerning Notch signaling.

5. Are there any currently approved Alzheimer's drugs that use a similar mechanism of action to tarenflurbil? As of the most recent FDA approvals, the approved Alzheimer's drugs primarily target amyloid-beta clearance (e.g., monoclonal antibodies like lecanemab) or have different proposed mechanisms. Direct gamma-secretase modulators with a similar profile to tarenflurbil are not currently approved for Alzheimer's disease.

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Citations

1. Doody, R. S., et al. (2014). Tarenflurbil in moderate Alzheimer's disease: results of a randomized, double-blind, placebo-controlled study. Alzheimer's & Dementia, 10(4), 492-500.
2. Merck. (2014). Merck Announces Phase 3 AMPLIFIED Study of Tarenflurbil for Alzheimer’s Disease Did Not Meet Primary Endpoint. Press Release.
3. U.S. Food & Drug Administration. (2021). FDA Approves New Alzheimer’s Drug. FDA News Release.
4. U.S. Food & Drug Administration. (2023). FDA Approves Leqembi (lecanemab-irgb) for the Treatment of Alzheimer's Disease. FDA News Release.

Drugs Protected by US Patent 9,114,168

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
Harrow Eye	MOXEZA	moxifloxacin hydrochloride	SOLUTION/DROPS;OPHTHALMIC	022428-001	Nov 19, 2010		DISCN	Yes	No	9,114,168		Y

International Family Members for US Patent 9,114,168

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Argentina	072071
Australia	2009257778
Brazil	PI0914971
Canada	2726616
Chile	2009001379
China	102056590