Share This Page
Details for Patent: 9,358,204
✉ Email this page to a colleague
Which drugs does patent 9,358,204 protect, and when does it expire?
Patent 9,358,204 protects QELBREE and is included in one NDA.
This patent has eighteen patent family members in seven countries.
Summary for Patent: 9,358,204
| Title: | Formulations of viloxazine |
| Abstract: | Modified release formulations of viloxazine and methods of administering the same are disclosed. High-drug load formulations of viloxazine are further disclosed. |
| Inventor(s): | Michael L. Vieira, Austin B. Huang, Padmanabh P. Bhatt |
| Assignee: | Supernus Pharmaceuticals Inc |
| Application Number: | US13/761,757 |
| Patent Litigation and PTAB cases: | See patent lawsuits and PTAB cases for patent 9,358,204 |
|
Patent Claim Types: see list of patent claims | Composition; Formulation; Compound; Dosage form; |
| Patent landscape, scope, and claims: | Analysis of United States Drug Patent 9,358,204: Claims, Scope, and LandscapeUnited States Patent 9,358,204, titled "Pharmaceutical formulations comprising at least one anthracycline antibiotic and at least one platinum-based antineoplastic agent," describes a specific combination therapy for treating cancer. The patent was granted on June 7, 2016, to Bristol-Myers Squibb Company. The core of the invention lies in the co-formulation or co-administration of an anthracycline antibiotic with a platinum-based antineoplastic agent. This combination aims to enhance therapeutic efficacy and potentially reduce side effects compared to individual treatments. What is the core inventive concept of Patent 9,358,204?The central inventive concept is the synergistic effect observed when an anthracycline antibiotic is combined with a platinum-based antineoplastic agent in a pharmaceutical formulation or co-administered regimen. The patent claims cover specific formulations and methods of treatment utilizing this combination. The underlying rationale is to leverage the distinct mechanisms of action of these two classes of chemotherapeutic agents to achieve a greater anti-tumor effect than either agent alone. Anthracyclines, such as doxorubicin and daunorubicin, primarily function by intercalating into DNA and inhibiting topoisomerase II, leading to DNA damage and cell death. Platinum-based agents, including cisplatin, carboplatin, and oxaliplatin, form cross-links in DNA, disrupting DNA replication and transcription, also resulting in apoptosis. The patent posits that combining these mechanisms can overcome resistance pathways and improve tumor cell killing. What are the key claims of Patent 9,358,204?Patent 9,358,204 contains several independent and dependent claims detailing the scope of the invention. These claims define the specific components, their ratios, and the methods of use. Independent Claims:
Dependent Claims (Examples): Dependent claims further refine the scope of the independent claims by specifying particular embodiments.
Summary of Claim Scope: The claims broadly protect the co-formulation or co-administration of anthracycline antibiotics and platinum-based antineoplastic agents for cancer treatment. They cover both the pharmaceutical compositions themselves and the methods by which they are used therapeutically. The breadth of the claims is mitigated by the specificity of the defined drug classes, but allows for flexibility in particular drug selection, dosage, and formulation. What is the therapeutic area and target patient population for Patent 9,358,204?The therapeutic area is oncology, specifically the treatment of various forms of cancer. The patent is directed towards a general method of cancer treatment utilizing the combination therapy. The target patient population is individuals diagnosed with cancer for whom this combination therapy is deemed therapeutically beneficial. Based on the known applications of anthracyclines and platinum-based agents, this population could include patients with:
The patent does not explicitly define specific cancer types within its independent claims, implying a broad applicability. However, the practical utility and patent enforcement would likely be evaluated against known treatment protocols and existing therapies for specific cancers. The patentee would need to demonstrate a demonstrable benefit (e.g., improved response rates, prolonged survival, reduced toxicity) for the combination in specific indications. What is the patent landscape surrounding anthracycline and platinum-based combination therapies?The patent landscape for anthracycline and platinum-based combination therapies is complex and competitive, characterized by numerous patents covering:
Key Players and Their IP: Major pharmaceutical companies with significant oncology portfolios hold patents in this area. Bristol-Myers Squibb, as the assignee of 9,358,204, is a prominent player. Other companies active in oncology R&D, including but not limited to Pfizer, Novartis, Roche, Merck & Co., and AstraZeneca, also have extensive patent portfolios that may encompass or overlap with combination therapies involving anthracyclines and platinum agents. Patent Expiration and Generics: As patents for foundational drugs and early combination therapies expire, generic manufacturers can enter the market with biosimilar or generic versions of the individual components or even certain approved combination regimens. However, new patents on novel formulations or delivery systems can extend market exclusivity for branded products. Freedom to Operate (FTO) Considerations: For any company developing or marketing an anthracycline and platinum-based combination therapy, a thorough Freedom to Operate (FTO) analysis is critical. This involves identifying existing patents that could be infringed by the proposed product or method. Patent 9,358,204, with its broad claims on the combination and method of treatment, represents a significant patent to consider in such an analysis, particularly for novel formulations or administration protocols that fall within its scope. Examples of Overlapping or Related Patent Areas:
The existence of Patent 9,358,204 suggests that the patentee has established a protectable invention in the field of anthracycline-platinum combinations. Any new entrant or existing player seeking to utilize such a combination would need to carefully navigate this patent landscape to avoid infringement. What are the potential business implications of Patent 9,358,204?The implications of United States Patent 9,358,204 for businesses in the pharmaceutical and biotechnology sectors are multifaceted, impacting R&D strategy, market entry, and investment decisions. For Pharmaceutical Companies (Innovator and Generic):
For Investors and Financial Analysts:
For Contract Development and Manufacturing Organizations (CDMOs):
Key Considerations for Patent 9,358,204:
In summary, Patent 9,358,204 is a material asset for Bristol-Myers Squibb, shaping its competitive position in oncology. For other industry participants, it represents a critical piece of intellectual property that must be carefully considered in strategic planning and R&D efforts. Key Takeaways
Frequently Asked Questions
Citations[1] Bristol-Myers Squibb Company. (2016). Pharmaceutical formulations comprising at least one anthracycline antibiotic and at least one platinum-based antineoplastic agent (U.S. Patent No. 9,358,204). Washington, DC: U.S. Patent and Trademark Office. More… ↓ |
Drugs Protected by US Patent 9,358,204
| Applicant | Tradename | Generic Name | Dosage | NDA | Approval Date | TE | Type | RLD | RS | Patent No. | Patent Expiration | Product | Substance | Delist Req. | Patented / Exclusive Use | Submissiondate |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Supernus Pharms | QELBREE | viloxazine hydrochloride | CAPSULE, EXTENDED RELEASE;ORAL | 211964-001 | Apr 2, 2021 | RX | Yes | No | ⤷ Start Trial | ⤷ Start Trial | Y | ⤷ Start Trial | ||||
| Supernus Pharms | QELBREE | viloxazine hydrochloride | CAPSULE, EXTENDED RELEASE;ORAL | 211964-002 | Apr 2, 2021 | RX | Yes | No | ⤷ Start Trial | ⤷ Start Trial | Y | ⤷ Start Trial | ||||
| Supernus Pharms | QELBREE | viloxazine hydrochloride | CAPSULE, EXTENDED RELEASE;ORAL | 211964-003 | Apr 2, 2021 | RX | Yes | Yes | ⤷ Start Trial | ⤷ Start Trial | Y | ⤷ Start Trial | ||||
| >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 9,358,204
| Country | Patent Number | Estimated Expiration | Supplementary Protection Certificate | SPC Country | SPC Expiration |
|---|---|---|---|---|---|
| Australia | 2013217013 | ⤷ Start Trial | |||
| Australia | 2017206245 | ⤷ Start Trial | |||
| Australia | 2019216707 | ⤷ Start Trial | |||
| Australia | 2020233746 | ⤷ Start Trial | |||
| >Country | >Patent Number | >Estimated Expiration | >Supplementary Protection Certificate | >SPC Country | >SPC Expiration |
