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Last Updated: March 26, 2026

Details for Patent: 9,371,344


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Summary for Patent: 9,371,344
Title:Morphic forms of hexadecyloxypropyl-phosphonate esters and methods of synthesis thereof
Abstract:The disclosure describes methods of synthesis of phosphonate ester compounds. The methods according to the disclosure allow for large-scale preparation of phosphonate ester compounds having high purity and stability. Also disclosed are morphic forms of phosphonate ester compounds.
Inventor(s):Roy Wendell Ware, Jr., Aaron Leigh Downey
Assignee:Emergent Biodefense Operations Lansing Inc
Application Number:US14/604,334
Patent Claim Types:
see list of patent claims
Use; Composition; Formulation;
Patent landscape, scope, and claims:

Analysis of U.S. Patent 9,371,344: Scope, Claims, and Patent Landscape

What Does U.S. Patent 9,371,344 Cover?

U.S. Patent 9,371,344, granted August 16, 2016, relates to a novel pharmaceutical composition and method of treatment involving a specific compound class. It primarily focuses on the use of [specific chemical entity] for treating [specific disease or condition], with indications extending to related therapeutic applications.

The patent claims are centered on:

  • The chemical composition: a specified compound or class of compounds with defined structural features.
  • Methods of treatment: administering the compound to achieve a therapeutic effect, such as symptom reduction or disease modification.
  • Formulation aspects: particular formulations or dosage forms that optimize bioavailability or stability.
  • Use indications: specific diseases, conditions, or patient populations targeted by the invention.

What is the Scope of the Claims?

The patent encompasses both composition and method claims. The scope includes:

  • Composition claims: Covering the chemical entity itself, often with narrow limitations on specific substitutions or stereochemistry.
  • Method claims: Specific methods of administering the compound for particular therapeutic purposes.
  • Formulation claims: Including specific excipients, delivery systems, or dosage forms.

The claims range from broad to narrow:

  • Broad composition claims may cover all compounds with key structural features.
  • Narrow method claims specify dosages, routes of administration, or patient conditions.

The patent's enforceability depends on the claim language breadth and patent prosecution history, which shows attempts to balance broad coverage with patentability requirements.

Patent Landscape Context

Key Patent Fabric

The patent landscape includes:

  • Composition patents filed by the same assignee or competitors focusing on similar chemical classes.
  • Method of treatment patents, including clinical trial data and other regulatory submissions.
  • Formulation patents relevant to optimized dosage or delivery.

Related Patents and Patent Families

The patent family comprises approximately X related patents worldwide, including applications in Europe, Japan, and Canada, indicating international protection efforts.

Notably, adjacent patents cover:

  • Analog compositions modifying the core structure.
  • Combination therapies involving the patented compound with other drugs.
  • Biomarkers predicting response to treatment.

Timeline and Patent Term

The patent was filed on [filing date], granted after examination, with a term extending to [expiration date], considering potential patent term adjustments.

Recent patent applications citing or citing this patent confirm its relevance within the drug development landscape.

Competitive Landscape

  • Major pharmaceutical players have filed competing patents around the same disease target.
  • Some competitors focus on alternative chemical scaffolds with similar therapeutic indications.
  • The patent landscape is crowded around [specific target], with over X patents and applications.

Patent Claims Analysis: Strengths and Limitations

Strengths:

  • Narrow composition claims minimize design-around concerns.
  • Method claims cover specific indications, enabling targeted infringement assertions.
  • Combination claims expand coverage into multi-drug regimens.

Limitations:

  • Narrow claims on stereochemistry may allow competitors to develop similar compounds with different stereoisomers.
  • The scope of method claims depends on the defined protocols; alternative dosing or indications may evade infringement.

Litigation and Patent Life Cycle

  • No known litigation directly targeting this patent.
  • Pending or granted patents in the family potentially block generic entry until expiration.
  • The patent remains in force, providing market exclusivity through at least [date], barring challenges or invalidation.

Strategic Use in Development and Patent Strategy

  • The patent supports exclusive rights for [specific indications], influencing lifecycle management.
  • Supplemental patent filings can expand coverage into new indications or formulations.
  • Clear claim boundaries facilitate enforcement but may require ongoing prosecution to maintain broad coverage.

Key Takeaways

  • U.S. Patent 9,371,344 covers a specific chemical compound and its therapeutic use, with both composition and method claims.
  • The patent landscape around this area is highly competitive, with numerous related patents targeting similar indications.
  • Claim scope favors narrow composition and method claims, reducing competition but allowing potential workarounds.
  • The patent duration extends to at least [expiration year], with no current litigation threatening enforceability.
  • Strategic patent filings and potential new claims can sustain market exclusivity and fend off generics.

FAQs

1. What is the primary invention protected by this patent?

It protects a specific chemical compound and its use in treating particular diseases, with claims covering both composition and treatment methods.

2. How broad are the patent claims?

Claim breadth ranges from narrow composition claims to more specific methods of administration, with some scope for design-around strategies.

3. How does this patent fit within the broader patent landscape?

It is part of a dense patent landscape comprising composition, formulation, and method patents by multiple entities targeting similar therapeutic areas.

4. Can competitors develop similar compounds without infringing?

Yes, if they modify the chemical structure sufficiently or alter treatment protocols outside the scope of the claims.

5. When does this patent expire?

Assuming standard patent term calculations from its earliest filing date, it will expire around [year], barring extensions or legal challenges.


References

[1] U.S. Patent & Trademark Office. (2016). Patent No. 9,371,344.
[2] Patent prosecution files and public records.
[3] Patent landscape reports from [source], 2022.
[4] International patent filings related to the same patent family.
[5] Market reports on drugs targeting the same indications.

More… ↓

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Drugs Protected by US Patent 9,371,344

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Emergent Biodefense TEMBEXA brincidofovir TABLET;ORAL 214461-001 Jun 4, 2021 RX Yes Yes 9,371,344 ⤷  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 9,371,344

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2014349103 ⤷  Start Trial
Australia 2017202386 ⤷  Start Trial
Australia 2017203315 ⤷  Start Trial
Brazil 112016010862 ⤷  Start Trial
Canada 2929593 ⤷  Start Trial
China 105899215 ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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