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Details for Patent: 9,724,353
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Which drugs does patent 9,724,353 protect, and when does it expire?
Patent 9,724,353 protects ZERBAXA and is included in one NDA.
Protection for ZERBAXA has been extended six months for pediatric studies, as indicated by the *PED designation in the table below.
This patent has thirteen patent family members in eight countries.
Summary for Patent: 9,724,353
| Title: | Methods for treating intrapulmonary infections |
| Abstract: | This disclosure relates to the treatment of intrapulmonary bacterial infections, including treatment of nosocomial pneumonia lung infections with pharmaceutical compositions containing the cephalosporin ceftolozane. |
| Inventor(s): | Gurudatt A. Chandorkar, Jennifer A. Huntington, Tara Parsons, Obiamiwe C. Umeh |
| Assignee: | Merck Sharp and Dohme LLC , Calixa Therapeutics Inc |
| Application Number: | US14/512,608 |
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Patent Claim Types: see list of patent claims | Use; Composition; |
| Patent landscape, scope, and claims: | United States Patent 9,724,353 (Ceftolozane + Tazobactam): Claim Scope, Patent Estate Map, and Freedom-to-Operate Pressure Points United States Patent 9,724,353 is a US method-of-treatment patent focused on dosing ceftolozane plus tazobactam for hospital-acquired and ventilator-associated pneumonias, with core claim elements that fix (i) indication class, (ii) repeat IV dosing schedule (about every 8 hours), and (iii) dose amounts (2.0 g ceftolozane and 1.0 g tazobactam). Dependent claim fallbacks tighten administration form (60-minute infusion), salt/free-base status of ceftolozane, and combination as a single pharmaceutical composition, plus example pathogen sets. What does US Patent 9,724,353 claim and what is its effective scope for ceftolozane/tazobactam pneumonia dosing?Core claim 1 scope (method-of-treatment):
Practical meaning: Claim 1 is an infringement hook for any clinician or protocol that administers this ceftolozane/tazobactam dosing regimen by IV on an ~q8h schedule for HAP/VAP/nosocomial pneumonia categories. How broad is “nosocomial pneumonia” in claim 1?The “nosocomial pneumonia” umbrella can be read to cover hospital-acquired pneumonia and related healthcare-associated pneumonia, but the claim text explicitly also covers “ventilator acquired pneumonia” and “hospital acquired pneumonia.” That redundancy suggests the patentee intended to cover multiple clinical labels that could be used in trials, practice, or FDA labeling. Risk translation for FTO: If a competitor’s clinical protocol or label wording maps to these categories, the induction element for claim 1 stays intact. How “about once every 8 hours” affects design-around?“About” typically grants some tolerance. From a scope standpoint, infringement analysis will examine whether a proposed regimen is still reasonably close to q8h. Protocols using q6h or q12h reduce closeness to 8 hours, but still could be argued depending on “about” interpretation. Continuous infusion or nonstandard intervals are also potential design-arounds, but only if they break the “about once every 8 hours” limitation. How do the dependent claims narrow or strengthen infringement risk (60-minute infusion, salt form, single composition, pathogens)?Claim 2: What is protected about administration timing (60-minute infusion)?Claim 2 narrows claim 1 by requiring:
Infringement consequence: A competitor using a different infusion duration (for example, faster push or shorter infusion) may attempt non-infringement on this element. However, if a regimen still meets “60-minute infusion” under claim construction (again “60-minute” is likely not perfectly rigid), the protection still attaches. Claim 3: What salt form limitations exist (ceftolozane hydrogen sulfate)?Claim 3 limits ceftolozane to:
Infringement consequence: A formulation using a different ceftolozane salt form could avoid claim 3 specifically, but not necessarily claim 1, because claim 1 does not require a particular salt. Claim 4-5: What is protected by dosing as a single pharmaceutical composition?
Infringement consequence: Separation into two products (two vials mixed separately or co-administered but not in one pharmaceutical composition) can be a potential design-around for these dependent claims. But claim 1 does not require “single composition,” so co-administration still risks claim 1 if both drugs are administered together in the regimen. Claims 6-8: How are pneumonia subtypes independently protected?Claim 6-8 pick out:
Infringement consequence: These do not expand beyond claim 1 at the scope level; they create additional, separately asserted dependent routes that may matter if claim 1’s clinical label interpretation is contested. Claims 9-13: What is protected by ceftolozane free base vs salt form?
Infringement consequence: The claim set is drafted to cover multiple ceftolozane chemical forms. Claim 9 and claim 10 are alternative dependent limitations; together they reduce the utility of “salt selection” as a design-around strategy. Claim 13: What pathogen coverage exists?Claim 13 specifies pathogens:
Infringement consequence: Claim 13 provides a route where infringement is easier to establish if the case is tied to those pathogens. In a litigation posture, the accused regimen involving these organisms can be presented as directly within the claim narrative. It does not necessarily narrow claim 1 because claim 1 already broadly requires the pneumonia type, not pathogen identity. How does the claim construction likely read for US method-of-treatment claims (administering a dosage schedule)?Method-of-treatment claims in the US typically require:
For 9,724,353, the tightest proof points will be:
This creates an evidentiary dependence on treatment records, pharmacy dispensing records, infusion sheets, electronic medical records, and study protocols. What patent estate surrounds US 9,724,353 for ceftolozane/tazobactam pneumonia therapy?The most relevant landscape feature is that ceftolozane/tazobactam as a fixed combination for serious Gram-negative infections is already historically associated with major branded and generic exclusivity blocks and multiple patent layers:
What 9,724,353 adds materially: It pins down a repeat q8h dosing scheme with specific gram amounts, plus a 60-minute infusion and optional salt/free-base variants. That makes it a “protocol” style method-of-use patent, not a general “treat infection with ceftolozane/tazobactam” claim. Where this claim fits in a typical FTO stack
Patent estate mapping approach (how it is usually litigated)In practice, enforcement for a method-of-use patent like 9,724,353 is aligned to:
So the patent landscape analysis usually needs two layers:
However, this response is constrained to the claim scope you provided for 9,724,353 and does not include a separate prosecution-history claim chart or a verified list of other US family members, since those require bibliographic confirmation and full-document parsing beyond what’s supplied here. When does US 9,724,353 lose exclusivity or become vulnerable for generic entry?A complete “when” analysis depends on:
No expiration timetable can be produced from the claim text alone. This is because loss of exclusivity in the US depends on the patent term mechanics and any regulatory exclusivity linkages that cannot be derived from the claims provided. What Paragraph IV challenges or patent litigation risks exist for ceftolozane/tazobactam HAP/VAP dosing patents like 9,724,353?Paragraph IV litigation risk is typically driven by:
This response cannot produce a litigation docket or settlement timeline for 9,724,353 from claim text alone because it requires:
What formulations are protected (single pharmaceutical composition, infusion form, ceftolozane salt form)?Even though 9,724,353 is a method-of-treatment patent, it includes “composition delivery” limitations in dependent claims:
Implication: From a product strategy viewpoint, the safest non-infringing route is not simply switching ceftolozane salt form, because the claim set includes alternative dependent coverage for free base and salt. How strong is the patent estate for dosing-based method-of-use claims like 9,724,353?Claim strength indicators based on the provided claims:
Vulnerability indicators:
Net: the claim is designed to track real-world administration protocols, which usually strengthens enforcement posture against at-risk prescribing aligned with the labeled regimen. How does US 9,724,353 compare with adjacent ceftolozane/tazobactam patent claim strategies?Method-of-use patents in this therapeutic area typically fall into three families:
9,724,353 combines (2) and parts of (3), which makes it more resilient than pure indication-only claims but potentially narrower than “any dosing” claims. What generic entry risks exist for ceftolozane/tazobactam HAP/VAP once method-of-use patents expire?Once a dosing-specific method-of-use patent like 9,724,353 expires, a generic product may still face:
A full “generic launch scenario” requires Orange Book and label mapping, which cannot be built from claim text alone. Key Takeaways
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Drugs Protected by US Patent 9,724,353
| Applicant | Tradename | Generic Name | Dosage | NDA | Approval Date | TE | Type | RLD | RS | Patent No. | Patent Expiration | Product | Substance | Delist Req. | Patented / Exclusive Use | Submissiondate |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Cubist Pharms Llc | ZERBAXA | ceftolozane sulfate; tazobactam sodium | POWDER;INTRAVENOUS | 206829-001 | Dec 19, 2014 | RX | Yes | Yes | 9,724,353*PED | ⤷ 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 9,724,353
| Country | Patent Number | Estimated Expiration | Supplementary Protection Certificate | SPC Country | SPC Expiration |
|---|---|---|---|---|---|
| Canada | 2848012 | ⤷ Start Trial | |||
| China | 103945842 | ⤷ Start Trial | |||
| Eurasian Patent Organization | 028342 | ⤷ Start Trial | |||
| Eurasian Patent Organization | 201490590 | ⤷ Start Trial | |||
| European Patent Office | 2753326 | ⤷ Start Trial | |||
| >Country | >Patent Number | >Estimated Expiration | >Supplementary Protection Certificate | >SPC Country | >SPC Expiration |
