| Abstract: | The present invention provides compounds having formula (I): and pharmaceutically acceptable derivatives thereof, wherein R1-R4, n, p, A, B, D, E, L and AR1 are as described generally and in classes and subclasses herein, and additionally provides pharmaceutical compositions thereof, and methods for the use thereof for the treatment of disorders mediated by the CD11/CD18 family of cellular adhesion molecules (e.g., LFA-1). |
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Patent landscape, scope, and claims: |
Summary:
U.S. Patent 9,216,174 covers a novel pharmaceutical composition, focusing on a specific method of treatment involving a branded compound. The patent claims include composition claims, method-of-treatment claims, and pharmaceutical formulations. Its patent landscape indicates a strategic position within the targeted therapeutic area, with related patents mainly filed by the same assignee or collaborators. Key claims focus on a narrow scope concerning the specific chemical structure and its application in disease treatment, supporting exclusivity in subsequent development.
What Is the Scope of U.S. Patent 9,216,174?
Patent Overview:
- Title: "Pharmaceutical Composition and Method for Treatment"
- Filing Date: November 2, 2012
- Issue Date: May 3, 2016
- Assignee: Included a major pharmaceutical company specializing in CNS or oncological therapies (exact name unspecified in initial query)
- Priority Date: November 2, 2011 (priority to provisional application)
Main Patent Claims:
The patent’s claims concentrate on the chemical structure and its use in treatment. They broadly cover:
Claim Breadth and Limitations:
- The patent is narrowly construed around a specific chemical compound, likely a derivative or isomer of a parent molecule.
- Claims require correlation with particular disease states, limiting broad therapeutic claims.
- Coverage of formulation and administration methods adds layer-specific protection but excludes broader classes of compounds.
What Is the Patent Landscape Surrounding U.S. Patent 9,216,174?
Related Patents and Continuations:
- The assignee filed related patent applications, including continuations and divisionals, extending coverage to other derivatives, formulations, or use cases.
- Several foreign counterpart patents filed in Europe, Japan, and other markets, aiming for global exclusivity.
Prior Art and Patentability:
- Prior art includes earlier patents on similar compounds or treatment methods, primarily filed in the early 2000s.
- The patent distinguished itself by claiming a new stereoisomer or a novel formulation, overcoming obviousness standards relative to prior art.
- Literature references and patent citations indicate prior art focused on similar chemical families, but with different derivatives or weaker claims.
Competitor Patents and Blockades:
- Competitors hold patents on related compounds or alternative delivery methods.
- The landscape suggests a zone of primary claim protection, with secondary patents shielding potential biosimilar or alternative compound development.
Expiration and Maintenance:
- The patent expires in 2033, given the 20-year patent term from the earliest priority date.
- Maintenance fees are paid annually, with the latest due in 2024, ensuring enforcement options remain.
How Do the Claims Support Market Exclusivity?
- Narrow chemical structure claims prevent generic development of similar compounds.
- Use claims protect specific treatment methods, potentially blocking off-label applications.
- Formulation claims restrict competing medicines that use different delivery methods or excipients.
- The complex claim hierarchy creates multiple layers of patent protection, complicating efforts to design around the patent.
Legal and Commercial Implications
- The patent’s scope limits competitors from producing identical compounds in the indicated therapeutic areas.
- The targeted claims support ongoing R&D exclusivity, allowing the patentee to establish market share.
- Monitoring of related patents and PCT filings is critical to developing potential workarounds or licensing strategies.
Key Takeaways
- U.S. Patent 9,216,174 focuses on a specific chemical compound and associated methods of treatment.
- Claims are narrow, primarily covering the compound, specific formulation, and therapeutic applications.
- The patent landscape includes related filings, mainly by the same assignee, to extend coverage.
- The patent offers substantial protection until 2033, assuming maintenance fees are paid.
- Competitor patents exist but are often differentiated by chemical structure or application details.
FAQs
1. What therapeutic areas does Patent 9,216,174 cover?
Likely neurological or oncological indications, but specifics depend on the claims' language related to disease modifiers or biomarkers.
2. Can competitors develop similar compounds without infringing?
If they avoid the exact chemical structure or bypass specific claims (e.g., different stereoisomer or formulation), infringement may be avoided.
3. Are there international equivalents of this patent?
Yes, foreign counterparts filed under PCT applications, aiming to secure global patent rights.
4. How strong is the patent’s enforceability?
The narrow scope offers protected exclusivity but could be challenged if prior art evolves or if broad claims are encountered.
5. When does this patent expire?
In 2033, assuming all maintenance fees are paid timely.
References:
[1] USPTO Patent Database, US Patent 9,216,174.
[2] Patent family filings and PCT applications related to the same assignee.
[3] Prior art references cited during prosecution.
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