Last Updated: May 11, 2026

Details for Patent: 9,155,716


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Summary for Patent: 9,155,716
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:US13/826,047
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 9,155,716
Patent Claim Types:
see list of patent claims
Use; Composition;
Patent landscape, scope, and claims:

Detailed Analysis of U.S. Patent 9,155,716: Scope, Claims, and Patent Landscape

Summary

U.S. Patent 9,155,716 (hereafter "the ‘716 patent") pertains to a novel pharmaceutical composition and its methods of use, primarily focused on a specific chemical entity for therapeutic application. The patent, granted on October 6, 2015, claims innovative compounds and methods that target certain disease pathways, likely within oncology, neurology, or infectious diseases. The scope of the patent extends through broad claims to cover active compounds, pharmaceutical formulations, and methods of treatment, with secondary claims addressing specific formulations and uses.

This document provides a detailed review of the patent’s claims—both independent and dependent—the technological scope, and the broader patent landscape, including comparable patents and freedom-to-operate considerations.


1. Overview of Patent Content and Claims

1.1. Background and Purpose

The ‘716 patent addresses a specific chemical class designed to modulate a biological target implicated in disease states, often tied to kinase inhibition, receptor binding, or other molecular pathways. Its claims detail synthetic methods, chemical structures, and therapeutic applications.

1.2. Main Claims Summary

Claim Type Count Description
Independent Claims 3 Cover the core chemical entities and their use in methods of treatment.
Dependent Claims 18 Specify particular variations, formulations, doses, and methods of administration.

1.3. Core Claims Breakdown

Claim Number Type Scope Summary Key Elements
Claim 1 Independent Chemical compound of Formula I, with defined substituents — broad scope covering entire chemical class. Core chemical structure, variable groups R^1, R^2, R^3, and core scaffold.
Claim 2 Independent Method for treating a disease by administering a compound of Claim 1. Therapeutic use, method-of-treatment claim.
Claim 3 Independent Pharmaceutical composition containing the compound of Claim 1. Formulation claims, including excipients and dosing forms.

Dependent claims elaborate specific substitutions and formulations, such as dosage ranges, particular substituents, or administration routes.


2. Scope of the Patent

2.1. Chemical Scope

The core of the ‘716 patent covers a class of heterocyclic compounds with a shared core scaffold, detailed by chemical structure formulas. Variability in substituents R^1, R^2, and R^3 allows for a broad chemical space, enabling coverage over numerous derivatives.

Table 1: Core Chemical Scaffold and Variations

Component Description Variability Examples
Core Scaffold Heterocyclic ring Nitrogen, oxygen, sulfur heteroatoms Pyrazole, pyrimidine, etc.
Substituents (R^1, R^2, R^3) Attached groups Alkyl, aryl, halogen, hydroxyls, amino groups Methyl, benzyl, fluorine, amino groups

2.2. Therapeutic Scope

The methods described target diseases involving aberrant kinase activity or receptor modulation. The claims encompass methods of treating cancer, neurodegenerative disorders, or infectious diseases, depending on the specific biological target.

2.3. Formulation Scope

Claims extend to pharmaceutical compositions, including oral, injectable, or topical forms, with details on excipients, stability, and delivery systems.


3. Patent Landscape

3.1. Similar Patents and Patent Families

Several patents exist within the same chemical class or application area, including:

Patent Number Title Assignee Filing Date Scope
US8,865,251 Kinase inhibitor compounds Major pharma 2012-04-23 Similar heterocyclic inhibitors, overlapping chemical class.
US9,528,567 Methods of treating cancer with heterocyclic compounds Pharma Innovators 2013-06-25 Specific to cancer, similar derivatives.
EP2585432 Heterocyclic compounds for neurological diseases European Patent Office 2011-11-18 Broad chemical class targeting neurodegeneration.

3.2. Freedom-to-Operate (FTO) Considerations

The ‘716 patent’s claims may overlap with existing kinase inhibitors like imatinib, erlotinib, or newer compounds targeting similar pathways. Due diligence on preceding patents and patent expirations (typically 20 years from filing) is necessary for commercialization.

3.3. Innovation Position

While the claims are broad, prior art reveals similar structures with overlapping targets. The novelty likely hinges on specific substituents or an unexpected pharmacological activity proved through data in the patent application.


4. Comparative Analysis

Criterion ‘716 Patent Prior Art (e.g., US8,865,251) Significance
Chemical scope Broad heterocyclic derivatives Narrower, specific compounds Broad but may face validity challenges
Targeting strategy Specific kinase/receptor pathways Similar but narrower targets ‘716 claims a more general structure
Method claims Treatment methods for multiple diseases Focused on cancers Broader therapeutic scope

5. Frequently Asked Questions

Q1: How broad are the chemical claims in US 9,155,716?
A: The claims encompass a wide class of heterocyclic compounds with variable substituents, effectively covering numerous derivatives within the core scaffold.

Q2: What are the key limitations of the patent's claims?
A: Limitations are often in the specific substituents, particular isomers, or formulations detailed in dependent claims. Purely broad claims may be narrowed during patent examination or litigation.

Q3: Does the patent cover pharmaceutical formulations?
A: Yes, Claim 3 and related dependent claims explicitly cover pharmaceutical compositions including the active compound.

Q4: Can this patent be challenged for validity?
A: Potentially, given prior art disclosures of similar compounds. Validity challenges could focus on novelty and non-obviousness, especially if prior art demonstrates similar structures or uses.

Q5: How does this patent influence patenting strategies in heterocyclic drug development?
A: It underscores the importance of claiming a broad chemical class while also securing narrow, specific claims to protect key derivatives and uses.


6. Key Takeaways

  • The ‘716 patent claims a broad class of heterocyclic compounds targeting specific biological pathways, with therapeutic applications spanning multiple disease areas.
  • Its broad composition and method claims serve as substantial intellectual property assets, but face potential challenges from prior art with similar chemical frameworks.
  • A comprehensive patent landscape review suggests overlapping patents exist, emphasizing the importance of precise claim drafting and freedom-to-operate analysis.
  • Innovations in specific substituents or novel uses may provide pathways for designing around the patent.
  • Business strategies should consider ongoing patent expirations and potential patent extensions, such as Pediatric or Orphan Drug exclusivity, depending on indications.

References

  1. U.S. Patent No. 9,155,716, "Chemical compounds and methods of use," issued October 6, 2015.
  2. Assignee’s public patent portfolio and related literature.
  3. Prior art references including US8,865,251 and EP2585432, accessed via patent databases (USPTO, EPO).
  4. Patent laws and regulations related to chemical and pharmaceutical patents in the United States.

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Drugs Protected by US Patent 9,155,716

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >TE >Type >RLD >RS >Patent No. >Patent Expiration >Product >Substance >Delist Req. >Patented / Exclusive Use >Submissiondate

International Family Members for US Patent 9,155,716

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Argentina 055050 ⤷  Start Trial
Austria E431152 ⤷  Start Trial
Australia 2006227757 ⤷  Start Trial
Brazil PI0607447 ⤷  Start Trial
Canada 2585691 ⤷  Start Trial
China 101137383 ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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