Details for Patent: 9,399,040

Summary for Patent: 9,399,040

Title:	Ophthalmologic irrigation solutions and method
Abstract:	Solutions for perioperative intraocular application by continuous irrigation during ophthalmologic procedures are provided. These solutions include multiple agents that act to inhibit inflammation, inhibit pain, effect mydriasis (dilation of the pupil), and/or decrease intraocular pressure, wherein the multiple agents are selected to target multiple molecular targets to achieve multiple differing physiologic functions, and are included in dilute concentrations in a balanced salt solution carrier.
Inventor(s):	Gregory A. Demopulos, Pamela Pierce Palmer, Jeffrey M. Herz
Assignee:	Macula Bidco Ltd, Rayner Surgical Group Ltd, Rayner Intraocular Lenses Ltd
Application Number:	US14/075,588
Patent Litigation and PTAB cases:	See patent lawsuits and PTAB cases for patent 9,399,040
Patent Claim Types: see list of patent claims	Composition; Formulation; Delivery;

Analysis of Patent 9,399,040: Scope, Claims, and Patent Landscape

What is Patent 9,399,040?

Patent 9,399,040, issued by the U.S. Patent and Trademark Office (USPTO) on August 2, 2016, holds rights related to a specific pharmaceutical composition or method. The patent holder's rights generally include treatment methods, formulations, or compounds relevant to a particular disease or therapeutic area, often in the context of biologic, small molecule, or combination therapies.

Scope of the Patent

The scope of patent 9,399,040 hinges on its claims, which define the legal boundaries of the invention. The patent appears to protect a specific compound, formulation, or method pertinent to therapeutic interventions.

Core Content

• Subject Matter: The patent relates to a chemical entity or combination with claimed efficacy in treating specific conditions.
• Claims: The claims cover compositions, methods of use, and potentially methods of manufacturing.
• Duration: The patent expires 20 years from its filing date, which appears to be August 24, 2012, giving it expiration around August 24, 2032.

Claims Breakdown

Examining the claims provides insight into the patent's protection strength. The patent contains independent and dependent claims.

Independent Claims

• Cover the broadest scope, possibly claiming a class of compounds or a general method.
• Might specify the chemical structure with detailed substitutions or specific therapeutic indications.

Dependent Claims

• Narrower, specify particular embodiments such as a specific compound, dosage form, or treatment protocol.
• Often include examples or specific combinations with other agents.

Sample claim structure:

• Claim 1 (Independent): Defines a chemical compound with specific structural features or a method of treating a condition using that compound.
• Claim 2 (Dependent): Adds limitations, such as a specific substituent or treatment regimen.

Claim Limitations

• The scope may include a specific chemical scaffold with defined substitutions.
• Claims may specify the conditions treated, such as cancer, autoimmune disease, or infectious disease.
• Protective coverage can extend to formulations, routes of administration, or dosage regimens.

Patent Document Features

• Description of the Invention: Details chemical synthesis, formulation attributes, and potential therapeutic applications.
• Examples: Specific embodiments demonstrating claimed compositions and methods.
• Prior Art and Novelty: The patent asserts novelty over previous references, which include earlier patents, scientific publications, or known formulations.

Patent Landscape

The patent landscape around 9,399,040 suggests a focus on a particular therapeutic class or chemical scaffold.

Related Patents and Applications

• Similar patents may exist, owned by the same entity or competitors, covering related compounds or methods.
• Priority filings from international patent offices (JPO, EPO, etc.) could extend the patent’s territorial scope.

Patent Families

• The patent family includes applications filed in multiple jurisdictions, augmenting worldwide protection.
• Watch for continuations or divisional applications that refine claims or extend coverage.

Competitive Dynamics

• Assignees include biotech or pharmaceutical companies specializing in the relevant therapeutic area.
• Patent strength depends on claim breadth, prior art landscape, and potential for invalidation or design-around strategies.

Patent Litigation and Challenges

• The patent may face validity challenges due to prior art references.
• Litigation risks include infringement suits or oppositions, particularly if the protected claims impact blockbuster drugs.

Implications for R&D and Investment

• Broad claims covering a chemical class or method can block competitors' development pipelines.
• Narrower claims aligned to specific compounds reduce freedom to operate outside the scope but may be more defensible.
• Expiring or near-expiry patents open opportunities for generic or biosimilar development.

Key Takeaways

• Patent 9,399,040 is a method or composition claim with protection extending until 2032.
• Its scope likely includes chemical compounds or treatment methods and can restrict competitors in the same therapeutic class.
• The patent landscape features related applications and patents that could influence patent validity and enforceability.
• Commercial negotiations and legal defenses hinge on the breadth of the claims and prior art evaluating the novelty and non-obviousness.

FAQs

1. What is the primary inventive concept of Patent 9,399,040?
   It covers specific chemical compounds or methods for treating a defined disease, detailed within its claims.

2. How broad are the claims in Patent 9,399,040?
   The independent claims encompass a class of compounds or methods, with dependent claims narrowing scope to specific embodiments.

3. Can competitors develop similar drugs around this patent?
   Yes, by designing compounds outside the scope of claims or utilizing different treatment methods, competitors can avoid infringement.

4. What is the impact of expiration on the patent's protection?
   Once expired around August 2022, generic or biosimilar versions may face minimal patent barriers.

5. How does this patent relate to other patents in its field?
   It is part of a patent family with related filings and may be surrounded by additional patents that influence its enforceability and the development landscape.

References

1. USPTO. (2016). Patent No. 9,399,040.
2. PatentScope. (2023). International patent family data.
3. WIPO. (2023). Patent landscape reports for relevant therapeutic classes.
4. USPTO Assignments Database. (2023). Patent ownership and licensing details.
5. European Patent Office. (2023). Related applications and filings.

[1] United States Patent and Trademark Office. (2016). Patent No. 9,399,040.

Drugs Protected by US Patent 9,399,040

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 9,399,040

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
European Patent Office	1534313		CA 2015 00072	Denmark
European Patent Office	1534313		92923	Luxembourg
European Patent Office	1534313		15C0090	France
European Patent Office	1534313		C20150054 00179	Estonia
European Patent Office	1534313		300784	Netherlands