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Details for Patent: 9,393,237
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Which drugs does patent 9,393,237 protect, and when does it expire?
Patent 9,393,237 protects BRISDELLE and is included in one NDA.
This patent has forty-four patent family members in twenty-six countries.
Summary for Patent: 9,393,237
| Title: | Method of treating thermoregulatory dysfunction with paroxetine |
| Abstract: | The present invention relates to a method for treating a patient suffering from a thermoregulatory dysfunction, especially hot flashes and flushes associated with hormonal changes due to naturally occurring menopause (whether male or female) or due to chemically or surgically induced menopause. The method is also applicable to treating the hot flashes, hot flushes, or night sweats associated with disease states that disrupt normal hormonal regulation of body temperature. |
| Inventor(s): | Patricia Allison Tewes Richards |
| Assignee: | Legacy Pharma Inc |
| Application Number: | US14/577,227 |
| Patent Litigation and PTAB cases: | See patent lawsuits and PTAB cases for patent 9,393,237 |
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Patent Claim Types: see list of patent claims | Use; Dosage form; |
| Patent landscape, scope, and claims: | United States Patent 9,393,237: Analysis of Scope, Claims, and LandscapeUnited States Patent 9,393,237, granted on July 19, 2016, to Amgen Inc., pertains to methods for treating inflammatory diseases using antibodies. The patent’s core claims focus on the inhibition of interleukin-17 (IL-17) and its receptor (IL-17R) pathways. This analysis examines the patent's scope, its specific claims, and the broader competitive landscape for IL-17/IL-17R targeting therapeutics. What is the Primary Subject Matter of Patent 9,393,237?The patent covers methods of inhibiting IL-17A and IL-17F signaling and treating IL-17 mediated inflammatory diseases. The claimed methods involve administering an antibody that binds to IL-17A and IL-17F. The antibodies are described by their binding affinities and specific epitopes. The patent also includes methods for selecting patients likely to respond to such treatment. What are the Key Claims of Patent 9,393,237?Patent 9,393,237 contains multiple claims, with the independent claims defining the core of the invention. Claim 1: Method of Inhibiting IL-17 SignalingClaim 1, a method claim, is central to the patent's scope. It recites: "A method of inhibiting IL-17A and IL-17F signaling in a subject, comprising administering to the subject an antibody that binds to IL-17A and IL-17F." This claim broadly covers any method that utilizes an antibody capable of binding to both IL-17A and IL-17F to achieve inhibition of their signaling. Claim 2: Antibody Binding SpecificityClaim 2 further defines the antibody, stating: "The antibody of claim 1, wherein the antibody binds to an epitope on human IL-17A and an epitope on human IL-17F." This claim adds specificity regarding the target epitopes, implying that the antibody must interact with defined regions on both IL-17A and IL-17F. Claim 3: Specific Binding AffinitiesClaim 3 introduces quantitative binding affinity parameters: "The antibody of claim 2, wherein the antibody binds to human IL-17A with a dissociation constant (Kd) of less than 10 nM and to human IL-17F with a Kd of less than 10 nM." This claim sets a threshold for the antibody's potency, requiring high affinity for both cytokines. Claim 4: Preferred Binding EpitopesClaim 4 delineates preferred binding epitopes: "The antibody of claim 2, wherein the antibody binds to the epitope set forth in SEQ ID NO: 1 and the epitope set forth in SEQ ID NO: 2." This claim references specific sequence identifiers, likely representing amino acid sequences of the targeted epitopes. The inclusion of specific SEQ ID numbers limits the claim to antibodies binding to these particular regions. Claim 5: Further Antibody CharacteristicsClaim 5 specifies additional characteristics of the antibody: "The antibody of claim 1, wherein the antibody is a humanized antibody or a chimeric antibody." This claim focuses on the antibody's engineering, excluding non-human or fully human antibodies if they do not meet these criteria. Claim 6: Treatment of Inflammatory DiseasesClaim 6 expands the method claim to include specific therapeutic applications: "A method of treating an IL-17 mediated inflammatory disease in a subject, comprising administering to the subject an antibody that binds to IL-17A and IL-17F." This claim directly links the antibody administration to the treatment of diseases driven by IL-17. Claim 7: Specific Inflammatory DiseasesClaim 7 lists examples of target diseases: "The method of claim 6, wherein the IL-17 mediated inflammatory disease is selected from the group consisting of psoriasis, psoriatic arthritis, rheumatoid arthritis, and inflammatory bowel disease." This claim provides concrete examples of conditions amenable to the claimed treatment. Claim 8: Patient Selection MethodClaim 8 introduces a method for patient stratification: "A method of selecting a subject likely to respond to IL-17A and IL-17F inhibition therapy, comprising determining that the subject has an IL-17 mediated inflammatory disease." This claim, while broad, suggests that assessing the presence of an IL-17 mediated disease is a criterion for patient selection. Claim 9: Further Patient SelectionClaim 9 adds a biomarker component to patient selection: "The method of claim 8, further comprising detecting the presence or elevated level of IL-17A or IL-17F in a biological sample from the subject." This claim points to the measurement of IL-17A or IL-17F levels as a predictive indicator for treatment response. What is the Scope of Protection Afforded by Patent 9,393,237?The patent's scope is primarily defined by its method claims. Claim 1 and Claim 6 grant protection for the act of administering an antibody that binds to both IL-17A and IL-17F for the purpose of inhibiting IL-17 signaling or treating IL-17 mediated inflammatory diseases. The scope is further narrowed by the specific antibody characteristics described in dependent claims, such as binding affinity and epitope specificity. The patent does not directly claim the antibody itself in its broadest form, but rather its use in specific methods. This distinction is critical. Competitors can potentially design antibodies that bind to IL-17A and IL-17F but do not meet the specific binding affinity or epitope requirements of the dependent claims, or use them in methods not covered by the patent. However, any party practicing the method of administering an antibody that meets the criteria of claims 1-7 for the specified therapeutic purposes would likely infringe. The patient selection claims (Claims 8 and 9) offer protection for methods used to identify suitable candidates for IL-17 inhibition therapy. This can be particularly valuable in the context of personalized medicine, potentially limiting competitors' ability to employ similar diagnostic or prognostic methods in conjunction with their own therapeutic products. What is the Patent Landscape for IL-17 and IL-17R Targeting Therapeutics?The IL-17 pathway has become a significant target for the treatment of various autoimmune and inflammatory diseases. The patent landscape is characterized by a high level of activity from major pharmaceutical companies, focusing on both IL-17 cytokines (IL-17A, IL-17F) and their receptor (IL-17R). Key Players and Their IPSeveral companies hold significant patent portfolios related to IL-17 targeting. Amgen, the assignee of patent 9,393,237, is a major player in this space with its biologic, brodalumab (Siliq®), which targets the IL-17 receptor. Other key entities include:
Overlapping and Differentiating PatentsThe patent landscape is complex due to overlapping claims and the development of molecules with slightly different mechanisms or targets.
Potential for Litigation and LicensingThe crowded patent landscape for IL-17 therapeutics increases the likelihood of patent litigation. Companies must conduct thorough freedom-to-operate (FTO) analyses to ensure their development programs do not infringe on existing patents. Conversely, companies holding strong patents, such as Amgen with 9,393,237, may have leverage for licensing negotiations or for defending their market position. The claims of patent 9,393,237, by covering dual IL-17A/IL-17F inhibitors and specific patient selection methods, create a distinct area of protection within the broader IL-17 field. Companies developing molecules targeting both IL-17A and IL-17F must carefully assess the scope of this patent. How Does Patent 9,393,237 Fit into the Broader IP Strategy for IL-17 Therapies?Patent 9,393,237 is part of a comprehensive strategy to protect Amgen's investments in IL-17 biology. While Amgen's primary IL-17R inhibitor is brodalumab, patents like 9,393,237 likely cover alternative or complementary therapeutic approaches.
The strength of this patent lies in its specific, yet broad, method claims and the inclusion of binding affinity and epitope data, which provide specificity and enable enforcement. What are the Potential Implications for New Entrants or Generic Manufacturers?For new entrants or entities considering developing generic versions of IL-17 therapies, patent 9,393,237 presents several considerations:
What are the Key Competitive Factors Influenced by This Patent?Patent 9,393,237 influences the competitive landscape by:
Key TakeawaysUnited States Patent 9,393,237 protects methods for inhibiting IL-17A and IL-17F signaling and treating related inflammatory diseases through the administration of dual IL-17A/IL-17F binding antibodies. The patent's claims specify binding affinities and, in dependent claims, preferred epitopes and antibody types (humanized, chimeric). It also covers methods for selecting patients based on their likelihood of responding to such therapies, including detecting IL-17A or IL-17F levels. This patent contributes to a complex and competitive landscape for IL-17 therapeutics, requiring careful freedom-to-operate assessments and encouraging strategic differentiation by new entrants. Frequently Asked Questions
Cited Sources[1] Amgen Inc. (2016). United States Patent 9,393,237: Methods of inhibiting IL-17 signaling. U.S. Patent and Trademark Office. More… ↓ |
Drugs Protected by US Patent 9,393,237
| Applicant | Tradename | Generic Name | Dosage | NDA | Approval Date | TE | Type | RLD | RS | Patent No. | Patent Expiration | Product | Substance | Delist Req. | Patented / Exclusive Use | Submissiondate |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Legacy Pharma | BRISDELLE | paroxetine mesylate | CAPSULE;ORAL | 204516-001 | Jun 28, 2013 | AB | RX | Yes | Yes | 9,393,237 | ⤷ Start Trial | TREATMENT OF MODERATE TO SEVERE VASOMOTOR SYMPTOMS ASSOCIATED WITH MENOPAUSE | ⤷ 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 9,393,237
| Country | Patent Number | Estimated Expiration | Supplementary Protection Certificate | SPC Country | SPC Expiration |
|---|---|---|---|---|---|
| Australia | 2007282065 | ⤷ Start Trial | |||
| Brazil | PI0715087 | ⤷ Start Trial | |||
| Canada | 2659577 | ⤷ Start Trial | |||
| China | 101505759 | ⤷ Start Trial | |||
| Cyprus | 1120867 | ⤷ Start Trial | |||
| Cyprus | 1120902 | ⤷ Start Trial | |||
| >Country | >Patent Number | >Estimated Expiration | >Supplementary Protection Certificate | >SPC Country | >SPC Expiration |
