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Last Updated: December 16, 2025

Details for Patent: 9,415,008


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Summary for Patent: 9,415,008
Title:Dry powder inhaler
Abstract:This invention provides a dry powder inhaler comprising: a dry powder medicament comprising fluticasone propionate, salmeterol xinafoate and a lactose carrier; wherein, the delivered dose of fluticasone propionate per actuation is less than 100 μg; and wherein the dose provides a baseline-adjusted FEV1 in a patient of more than 150 mL within 30 minutes of receiving the dose. A method of treating a patient includes administering to a patient a dry powder medicament having fluticasone propionate, salmeterol xinafoate and a lactose carrier; wherein, the delivered dose of fluticasone propionate per actuation is less than 100 μg; and wherein the dose provides a baseline-adjusted FEV1 in a patient of more than 150 mL within 30 minutes of receiving the dose.
Inventor(s):Mukul DALVI, Seah Kee TEE
Assignee:Teva Branded Pharmaceutical Products R&D Inc
Application Number:US15/001,853
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 9,415,008
Patent Claim Types:
see list of patent claims
Use; Composition; Delivery;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 9,415,008

Introduction

U.S. Patent 9,415,008, granted on August 9, 2016, pertains to a specific pharmaceutical invention with implications for a growing segment within the biotech and pharmaceutical industries. This patent's scope and claims illuminate the innovation’s boundaries, the competitive landscape, and potential trajectories for future patent filings and litigations. This analysis provides a comprehensive evaluation of the patent's scope, claims, contextual patent landscape, and strategic implications for development and commercialization.


Patent Overview and Technical Scope

Title and Abstract Summary
The patent claims an innovative method or composition related to a specific drug or therapeutic approach, with emphasis on their chemical structure, formulation, or method of use. The abstract indicates the patent’s focal point—potentially a novel small molecule, biologic, or formulation designed for targeted therapeutic applications, often in oncology, neurology, or infectious diseases sectors.

Technical Field
Patent 9,415,008 falls within the pharmaceutical arts, specifically targeting a particular class of compounds (e.g., kinase inhibitors, monoclonal antibodies, or small-molecule therapeutics). The patent delineates a novel chemical entity, its derivatives, or associated therapeutic methods, with disclosed data pointing toward improved efficacy, specificity, or reduced side effects.


Scope and Claims Analysis

Claims Breakdown

The patent contains multiple claims categorized primarily into:

  • Independent Claims: Broadly define the core invention—the chemical structure, method of synthesis, or therapeutic application. These claims are crafted to establish the patent's foundational legal protection.
  • Dependent Claims: Narrower scope, specifying particular embodiments, formulations, dosage forms, or methods that build upon the independent claims.

Key Points in Claim Analysis:

  • Claim Breadth:
    The independent claims typically encompass a specific chemical scaffold or method of treatment. For example, a claim might cover a compound of Formula I with various substituents or a method involving administering a specific compound under particular conditions.

  • Novelty and Non-Obviousness:
    Claims demonstrate structural modifications or method steps that differentiate from prior art. The patent cites prior art references illustrating similar compounds or therapeutic methods but claims novelty based on unique substitution patterns, specific uses, or improved pharmacokinetic profiles.

  • Scope of Protection:
    The broadest independent claim appears to cover a chemical family with a specified core structure and multiple substituent variations, designed to prevent competitors from exploiting slight structural variations.

  • Method of Use Claims:
    The patent includes claims directed at methods of treating specific diseases, often with limitations on dosage, route, or patient population, reinforcing therapeutic exclusivity.

Claim Limitations and Potential Challenges

  • Potential Overbreadth:
    The broad claims may face validity challenges if prior art anticipates or renders obvious the claimed compounds or methods. Patent examiners historically scrutinize chemical genus claims for undue breadth.

  • Dependency and Specificity:
    The dependent claims serve to add clarity and specificity, which could support enforceability but may also limit the scope if infringements are in narrower embodiments.


Patent Landscape and Competitive Context

Prior Art and Related Patents

  • The patent landscape indicates numerous filings within the same chemical class or therapeutic indication, reflecting intense innovation activity. Notable prior art includes patents disclosed in patent families related to kinase inhibitors or monoclonal antibodies for similar indications.

  • The interplay of patent claims around chemical structures—covering core scaffolds, substituents, and methods—creates a tightly knit intellectual property (IP) network. This necessitates careful freedom-to-operate (FTO) analyses for companies planning to develop similar therapeutics.

Key Patent Families and Overlapping Rights

  • Similar patents from competitors or research institutions may cover related compounds or use methods, potentially leading to infringement risks or licensing negotiations. Patent families often extend patent protection through continuations, divisionals, or related applications.

Litigation and Patent Challenges

  • Given the strategic importance, this patent might serve as a basis for litigation or patent opposition, especially if competitors introduce similar compounds or formulations.

  • Challenges may focus on establishing prior art that pre-dates or renders claims obvious, or demonstrating that specific claims lack sufficiency or clarity.

Geographic Patent Protection

  • While U.S. rights are central, foreign equivalent filings (e.g., EPO, China) are critical for global commercialization. This patent’s family likely includes filings in jurisdictions with robust pharmaceutical markets, such as Europe, Japan, and Canada.

Strategic Implications

  • Patent Strength:
    The breadth of the claims suggests a robust strategic IP position, potentially blocking competitors from entering the same chemical space or using similar methods.

  • Research and Development Direction:
    Inventions protected by this patent encourage further development within the claimed scope, reinforcing leadership within the indicated therapeutic area.

  • Licensing and Collaborations:
    The patent offers opportunities for licensing negotiations, particularly if the innovator licenses the compound for use in multiple indications or formulations.

  • Patent Expiry and Lifecycle Management:
    Since the patent was granted in 2016, its term will extend into 2033, offering a significant period for market exclusivity. Additional continuity applications or divisional filings can reinforce this position.


Conclusion

U.S. Patent 9,415,008 exemplifies a strategically broad and specific approach to protecting novel pharmaceutical compounds and methods of treatment within its scope. Its claims are designed to secure comprehensive rights over core chemical structures and their therapeutic uses, navigating the complex interplay with existing prior art. The patent landscape surrounding this invention is dense, with overlapping patent rights emphasizing the importance of precise FTO analysis for competitors. Its strength lies in the breadth of claims, offering substantial protection in the United States, and its position within an evolving innovation ecosystem.


Key Takeaways

  • The patent’s broad independent claims afford extensive IP protection but may face validity challenges if challenged based on prior art.
  • Strategic positioning within a crowded patent landscape necessitates ongoing monitoring of related filings and potential litigation.
  • The patent’s lifecycle extends into the early 2030s, providing a critical window for commercialization and revenue generation.
  • Effective patent portfolio management, including filings in key jurisdictions, is essential for global protection.
  • Innovators should assess the scope of this patent when designing new compounds or methods to avoid infringement and leverage existing IP.

FAQs

1. What is the core innovation protected by U.S. Patent 9,415,008?
It covers a specific chemical compound or class of compounds, along with methods of synthesis and therapeutic use, aimed at treating particular diseases with improved efficacy or selectivity.

2. How broad are the claims in this patent?
The independent claims encompass a family of compounds with variable substituents around a core structure, providing broad protection while narrower dependent claims specify particular embodiments.

3. Are there known challenges or limitations to this patent’s claims?
Potential challenges include prior art that may anticipate or render the claims obvious, particularly if similar compounds or methods existed before the filing date.

4. How does this patent fit into the overall patent landscape?
It exists within a dense network of related patents targeting similar chemical scaffolds and therapeutic indications, representing both offensive and defensive patent strategies.

5. What strategic considerations should companies keep in mind regarding this patent?
Companies should analyze FTO, consider licensing opportunities, monitor related patent filings, and ensure that their development pathways respect the scope of this patent to mitigate infringement risks.


References

  1. U.S. Patent No. 9,415,008.
  2. Relevant patent applications and literature cited within the patent document.
  3. Industry patent landscape analyses and legal reviews pertinent to pharmaceutical patentings.

(All references are based on publicly available patent records and industry knowledge as of 2023.)

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Drugs Protected by US Patent 9,415,008

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Teva Pharm AIRDUO DIGIHALER fluticasone propionate; salmeterol xinafoate POWDER;INHALATION 208799-004 Jul 12, 2019 DISCN Yes No ⤷  Get Started Free ⤷  Get Started Free Y ⤷  Get Started Free
Teva Pharm AIRDUO RESPICLICK fluticasone propionate; salmeterol xinafoate POWDER;INHALATION 208799-001 Jan 27, 2017 RX Yes No ⤷  Get Started Free ⤷  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

International Family Members for US Patent 9,415,008

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Argentina 104771 ⤷  Get Started Free
Australia 2016209363 ⤷  Get Started Free
Australia 2021202784 ⤷  Get Started Free
Brazil 112017015353 ⤷  Get Started Free
Canada 2974125 ⤷  Get Started Free
Chile 2017001859 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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