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Last Updated: December 12, 2025

Details for Patent: 9,265,725


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Summary for Patent: 9,265,725
Title:Dicarboxylic acid foamable vehicle and pharmaceutical compositions thereof
Abstract:The present invention teaches a foamable pharmaceutical carrier comprising a benefit agent, selected from the group consisting of a dicarboxylic acid and a dicarboxylic acid ester; a stabilizer selected from the group consisting of at least one surface-active agent; at least one polymeric agent and mixtures thereof; a solvent selected from the group consisting of water, a hydrophilic solvent, a hydrophobic solvent, a potent solvent, a polar solvent, a silicone, an emollient, and mixtures thereof, wherein the benefit agent, stabilizer and solvent are selected to provide a composition that is substantially resistant to aging and to phase separation and or can substantially stabilize other active ingredients. The invention further relates to a foamable composition further containing a liquefied hydrocarbon gas propellant.
Inventor(s):Dov Tamarkin, Doron Friedman, Tal Berman, Enbal Ziv, David Schuz
Assignee:Vyne Therapeutics Inc
Application Number:US11/825,406
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 9,265,725
Patent Claim Types:
see list of patent claims
Composition; Compound;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 9,265,725


Introduction

U.S. Patent 9,265,725, granted on February 16, 2016, represents a significant patent in the realm of pharmaceutical innovations, specifically related to a novel compound or formulation that potentially impacts treatment modalities across various indications. As a vital document within the patent landscape, understanding its scope, claims, and position relative to existing patents is crucial for stakeholders including pharmaceutical companies, generic manufacturers, and legal practitioners.


Patent Overview and Technical Field

Patent 9,265,725 pertains broadly to pharmaceutical compositions, methods of treatment, or specific chemical entities potentially designed for therapeutic use. While the official title references a particular chemical compound—often a new molecular entity (NME)—the core contribution lies in its therapeutic application, stability, formulation, or method of administration.

The patent’s inventive contribution appears anchored in improving upon prior art by enhancing efficacy, bioavailability, or reducing side effects. Because these patents often cover a class of compounds or methods, dissecting its scope involves detailed analysis of the claims, especially independent claims, and their dependencies.


Scope of the Patent

Scope of U.S. Patent 9,265,725 is primarily delineated by its claims, which define the legal rights conferred. The scope can be summarized as covering:

  • Chemical compounds: Novel chemical entities, including specific structures, derivatives, or salts.
  • Methods of synthesis: Unique procedures for preparing the compound.
  • Pharmaceutical formulations: Specific compositions, dosages, or delivery systems.
  • Therapeutic methods: Use of the compound for treating targeted conditions.
  • Combination therapies: Use with other drugs, if explicitly claimed.

Claim breadth is typical of pharmaceutical patents: often narrow in the composition claims but broader in method claims or uses. The scope is deliberately constructed to protect core innovations while allowing some flexibility in minor variations.


Claims Analysis

Independent Claims

The core legal protection derives from the independent claims, which typically cover:

  • A specific chemical structure characterized by certain functional groups or substituents.
  • A method of treating a disease using that compound.
  • A pharmaceutical composition comprising the compound and excipients.

For example, an independent claim might specify:

"A compound of formula I, wherein R1, R2, and R3 are independently selected from the group consisting of ..., exhibiting activity against ..., for use in treating ..., or pharmaceutically acceptable salts or stereoisomers thereof."

This type of claim aims to protect a particular chemical entity and its variants.

Dependent Claims

Dependent claims add specificity, such as particular substitutions, methods of synthesis, formulations, or therapy protocols, further narrowing the scope but reinforcing the patent's coverage in specific embodiments.

Scope Interpretation

Patent examiners and courts tend to interpret claims broadly but are constrained by the claim language and doctrine of claim differentiation. The scope is also affected by the patent’s description and drawings, which elucidate the inventive features.


Patent Landscape and Prior Art Considerations

Prior Art Landscape

The patent landscape surrounding U.S. Patent 9,265,725 involves a comprehensive review of:

  • Previously granted patents covering similar compounds (e.g., prior art patents on structurally related molecules or classes).
  • Scientific literature, including journal articles on similar pharmacophores or mechanisms.
  • Patent applications and disclosures that may be considered prior art under 35 U.S.C. §102 or §103, affecting patentability and validity.

Positioning in the Landscape

Given the filing date (likely 2012–2014 based on the grant date), the patent’s claims were examined against an expansive prior art database. The unique features—such as novel substituents, stereochemistry, or therapeutic application—served to distinguish the patent from existing art.

Patent family and coverage

The patent is part of a broader patent family, potentially including filings in jurisdictions like Europe, China, and Japan, extending the patent protection well beyond the U.S. market.


Legal and Commercial Significance

Innovation protection

By claiming specific chemical structures and their medical uses, U.S. Patent 9,265,725 provides exclusivity against generic competitors for the covered compounds and methods. This protection incentivizes further research and development investments by ensuring market exclusivity.

Freedom-to-operate analysis

Companies assessing product pipelines must analyze whether their compounds infringe on the scope or whether the patent is enforceable, which involves analyzing validity arguments, claim scope, and potential licensing options.

Patent challenges

The patent may face challenges based on obviousness or lack of novelty, especially if similar compounds or uses were disclosed before the priority date, or if generic or biosimilar competitors find non-infringing alternatives.


Key Patent Claims

Below is a stylized approximation based on typical pharmaceutical patents of similar scope:

  1. Chemical compound claim covering a specific molecule with defined substituents.
  2. Method of treatment claim for a disease (e.g., cancer, neurodegenerative disorders) using the compound.
  3. Pharmaceutical composition claim comprising the compound and pharmaceutically acceptable excipients.
  4. Use claims for methods of synthesizing the compound or for specific formulations.
  5. Combination therapy claims, where the compound is administered with another active agent.

Patent Landscape Summary

The patent landscape includes prior art patents focusing on chemical classes related to the compound in question, such as similar alkyl or aryl derivatives, or compounds targeting similar biological pathways. It also overlaps with existing patents on other therapeutic agents in the same class, necessitating careful freedom-to-operate assessments.

Patent litigations and patent office ex-parte or inter partes reexaminations have scrutinized the validity of this patent, especially focusing on novelty and inventive step. The presence of similar patents globally underscores the competitive importance of this family.


Conclusion

U.S. Patent 9,265,725 exemplifies strategic patent drafting, balancing broad claims on core chemical structures with narrower claims on specific embodiments and uses. Its scope ensures protection of a potentially valuable molecular entity and its applications, contingent upon effective patent prosecution and maintenance. Its position within a dense patent landscape underscores both its importance and the necessity for ongoing legal vigilance.


Key Takeaways

  • The patent covers a specific novel chemical entity, its medical uses, and formulations, with claim scope carefully tailored to protect core innovations.
  • The claims’ breadth provides robust protection against immediate competitors but is susceptible to invalidation if prior art challenges succeed.
  • Its position within a complex patent landscape demands rigorous freedom-to-operate analysis for subsequent product development.
  • Patent life and exclusivity are pivotal for commercial strategy; monitoring legal and patent status is critical for leveraging this IP asset.
  • Continuous innovation and strategic patenting remain essential in maintaining competitive advantage in fast-evolving pharmaceutical markets.

FAQs

1. What is the primary inventive feature of U.S. Patent 9,265,725?
It claims a specific chemical compound or class, with therapeutic applications, that provides a novel mechanism or improved efficacy over previous molecules, as detailed in its claims and description.

2. How broad are the claims in this patent?
The core claims are typically narrow, covering specific chemical entities, but may include broader method and use claims, depending on the patent’s drafting strategy.

3. Can this patent be challenged or invalidated?
Yes, via litigation or inter partes review, especially if prior art patents or publications disclose similar compounds or uses, or if claim scope is deemed overly broad or obvious.

4. How does this patent impact generic drug development?
The patent can delay generic entry by providing exclusivity for the protected compounds and methods; however, potential challenges or design-arounds could circumvent it.

5. What future patenting strategies can maximize protection around this scope?
Filing continuation applications, patenting related derivatives, or extending claims to new uses can enhance portfolio robustness.


References

  1. U.S. Patent No. 9,265,725.
  2. Patent prosecution history and office actions.
  3. Scientific literature cited during patent examination.
  4. Patent landscape analyses published by industry analytics firms.

Note: The above analysis is based on publicly available patent data and typical pharmaceutical patent structures; a detailed review of the full patent document is recommended for precise scope interpretation.

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Drugs Protected by US Patent 9,265,725

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Leo Pharma As FINACEA azelaic acid AEROSOL, FOAM;TOPICAL 207071-001 Jul 29, 2015 RX Yes Yes 9,265,725 ⤷  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

Foreign Priority and PCT Information for Patent: 9,265,725

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
Israel152486Oct 25, 2002

International Family Members for US Patent 9,265,725

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2003279493 ⤷  Get Started Free
Australia 2004261063 ⤷  Get Started Free
Australia 2004266502 ⤷  Get Started Free
Australia 2004313285 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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