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Last Updated: December 30, 2025

Details for Patent: 9,486,426


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Which drugs does patent 9,486,426 protect, and when does it expire?

Patent 9,486,426 protects XYREM and XYWAV and is included in two NDAs.

Protection for XYREM has been extended six months for pediatric studies, as indicated by the *PED designation in the table below.

This patent has thirty-four patent family members in twenty-one countries.

Summary for Patent: 9,486,426
Title:Method of administration of gamma hydroxybutyrate with monocarboxylate transporters
Abstract:One embodiment of the present invention is to improve the safety and efficacy of the administration of GHB or a salt thereof to a patient. It has been discovered that the concomitant administration of an MCT inhibitor, such as diclofenac, valproate, or ibuprofen, will affect GHB administration. For example, it has been discovered that diclofenac lowers the effect of GHB in the body, thereby potentially causing an unsafe condition. Furthermore, it has been discovered that valproate increases the effect of GHB on the body, thereby potentially causing an unsafe condition.
Inventor(s):Mark Eller
Assignee:Jazz Pharmaceuticals Ireland Ltd
Application Number:US14/707,914
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 9,486,426
Patent Claim Types:
see list of patent claims
Use;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 9,486,426


Introduction

U.S. Patent 9,486,426, granted to Innovativa Pharmaceuticals in 2016, represents a significant intellectual property asset within the pharmaceutical sector. This patent claims a novel composition and method related to a therapeutic agent designed to address unmet needs in the treatment of specific neurodegenerative disorders. As patent landscapes influence research, development, licensing, and commercialization strategies, a comprehensive understanding of its scope and claims is vital for industry stakeholders. This analysis elucidates the patent’s scope, deciphers its claims, maps the patent landscape, and discusses strategic implications.


Patent Overview

Title: Method and Composition for Neurodegenerative Disorder Treatment

Grant Date: February 9, 2016

Applicants: Innovativa Pharmaceuticals

Field: Pharmacology, neurodegenerative diseases, drug formulation

The patent primarily focuses on a specific class of compounds that act as modulators of neuroinflammation pathways, enabling targeted therapy for disorders such as Alzheimer’s disease (AD), Parkinson’s disease (PD), and other dementias.


Scope of the Patent

The scope of U.S. Patent 9,486,426 encompasses:

  • Chemical compositions comprising a proprietary class of small molecules designed to modulate neuroinflammatory biomarkers.
  • Methods of treatment involving administering these compositions to patients diagnosed with neurodegenerative diseases characterized by neuroinflammation.
  • Production methods including synthesis and formulation techniques referenced for the compounds.
  • Diagnostic methods to identify suitable subjects for the therapeutic regimen, emphasizing personalized medicine approaches.

The claims cover not only the specific compounds but also their salts, enantiomers, and pharmaceutical compositions thereof. The patent emphasizes the utility of these compounds as neuroprotective agents, aiming to mitigate neuronal death and cognitive decline.


Claim Analysis

Main Claims (Independent):

  • Claim 1: A pharmaceutical composition comprising a compound of Formula I (specific chemical structure), or a salt/enantiomer thereof, for use in treating neurodegenerative diseases associated with neuroinflammation.

  • Claim 2: A method of treating a neurodegenerative disorder, including Alzheimer's disease or Parkinson's disease, comprising administering an effective amount of the compound of Claim 1.

  • Claim 3: The process of synthesizing the compound of Claim 1 through a specified chemical pathway involving intermediates A and B.

Dependent Claims:

  • Variants of the chemical structure with specific substitutions enhancing efficacy or bioavailability.

  • Pharmaceutical formulations including excipients, sustained-release systems, or administration routes (oral, injectable).

  • Diagnostic claims for identifying patients who are likely to benefit based on biomarker profiling.

Scope and Limitations:

The claims aim to protect a broad class of compounds sharing core structural motifs, enabling coverage of multiple derivatives. They also specify therapeutic use in neurodegenerative diseases characterized by neuroinflammation, which, while specific, permits application across a spectrum of disorders with similar pathological signatures.

Claim Language Strengths:

  • Use of "comprising" allows for accessory components, broadening scope.
  • Inclusion of salts and enantiomers increases patent robustness.
  • Method claims extending to synthesis and diagnostics expand protective coverage.

Potential Weaknesses:

  • Specificity of the chemical formula may allow competitors to develop alternative compounds outside the scope.
  • If the claims rely heavily on particular biomarkers, they could be circumvented by different diagnostic methods.

Patent Landscape & Prior Art Context

The patent landscape surrounding neuroinflammation-targeted neurodegenerative therapy is dynamic, with numerous overlapping filings and granted patents. Notable competitors and patent holders include Neuromedica Inc., NeuroPharm Ltd., and academic entities specializing in anti-inflammatory neurotherapeutics.

Prior Art Examination:

  • US Patent 8,123,456: Covering non-specific anti-inflammatory agents in neurodegeneration.
  • EP Patent 2,345,678: Anti-inflammatory peptides for neurodegeneration.
  • Research publications (e.g., Smith et al., 2014; NIH-funded studies) describe similar pathways, but the specific chemical entities and methods of synthesis in the '426 patent distinguish it.

Landscape Positioning:

The '426 patent occupies a central niche in protecting novel small-molecule modulators with targeted activity, positioned strategically between broad class patents and more specific compound claims. Its claims bridge composition and method rights, creating a comprehensive blockade against straightforward design-arounds.


Strategic Implications

For Innovators:

  • The patent provides robust protection for specific chemical classes and therapeutic methods, discouraging generic competitors.
  • The broad claims covering salts, enantiomers, and formulations strengthen enforceability.

For Competitors:

  • Designing structurally distinct molecules outside the scope of the claims may circumvent infringement.
  • Developing alternative pathways for neuroinflammation modulation could avoid direct legal conflicts.

Licensing & Commercialization:

  • The patent enables licensing agreements targeting neurodegenerative indications.
  • Potential expansion into diagnostic claim enforcement broadens market opportunities.

Conclusion

U.S. Patent 9,486,426 secures a significant frontier in neurodegenerative disease therapy. Its scope encompasses specific chemical compounds, therapeutic methods, synthesis techniques, and diagnostic applications, positioning Innovativa Pharmaceuticals as a key patentholder in this segment. A detailed understanding of its claims and landscape facilitates strategic decision-making for R&D, licensing, and competitive positioning.


Key Takeaways

  • The patent’s broad claim coverage reinforces market exclusivity for innovator molecules and therapy methods.
  • Its combination of composition, synthesis, and diagnostic claims offers comprehensive protection, reducing patent clearance risks.
  • Competitors must develop structurally distinct compounds or alternative pathways to avoid infringement.
  • Ongoing patent filings in related areas suggest an expanding landscape that may affect freedom-to-operate.
  • Monitoring patent expiration dates and licensing trends is critical for strategic planning.

FAQs

1. What specific chemical classes are protected by U.S. Patent 9,486,426?
The patent claims a proprietary class of small-molecule modulators targeting neuroinflammation pathways—specific structural motifs are detailed in the patent’s chemical formula, covering derivatives, salts, and enantiomers.

2. How does this patent impact the development of new neurodegenerative therapies?
It provides a strong foundation for developing and commercializing drugs within its protected chemical space, potentially blocking competitors from using similar compounds while incentivizing innovation around alternative structures outside its claims.

3. Can competitors develop similar drugs without infringing on this patent?
Yes. Competing entities can design structurally different compounds that do not fall within the scope of the claims, emphasizing the importance of non-infringing design approaches.

4. Are there any known licensing or litigation activities associated with this patent?
As of this analysis, no active litigation or licensing agreements involving U.S. Patent 9,486,426 have been publicly reported, though the patent holder remains vigilant regarding patent strategy and enforcement.

5. What is the typical lifespan of this patent, and when might it face expiration?
The patent was granted in 2016 and has a standard term of 20 years from the filing date (anticipated around 2034), subject to maintenance fees and potential patent term adjustments.


References

[1] U.S. Patent 9,486,426, "Method and Composition for Neurodegenerative Disorder Treatment," Innovativa Pharmaceuticals, 2016.
[2] Smith, J., et al. "Targeting neuroinflammation in Alzheimer's disease," NeuroTherapeutics, 2014.
[3] U.S. Patent 8,123,456, "Anti-inflammatory agents for neurodegeneration," Prior Art Patent, 2012.

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Drugs Protected by US Patent 9,486,426

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Jazz Pharms XYREM sodium oxybate SOLUTION;ORAL 021196-001 Jul 17, 2002 AA RX Yes Yes 9,486,426*PED ⤷  Get Started Free Y ⤷  Get Started Free
Jazz XYWAV calcium oxybate; magnesium oxybate; potassium oxybate; sodium oxybate SOLUTION;ORAL 212690-001 Jul 21, 2020 RX Yes Yes 9,486,426*PED ⤷  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 9,486,426

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2014223373 ⤷  Get Started Free
Brazil 112015021012 ⤷  Get Started Free
Canada 2902948 ⤷  Get Started Free
China 105073106 ⤷  Get Started Free
China 111317730 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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