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Last Updated: March 26, 2026

Details for Patent: 9,770,570


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Which drugs does patent 9,770,570 protect, and when does it expire?

Patent 9,770,570 protects INOMAX and is included in one NDA.

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

This patent has thirty-eight patent family members in twelve countries.

Summary for Patent: 9,770,570
Title:Apparatus and method for monitoring nitric oxide delivery
Abstract:Described is an apparatus for monitoring nitric oxide delivery, wherein such apparatus comprises an indicator to inform a user of the apparatus when the flow of breathing gas rises above or falls below a predetermined level or range. Also described is a method of monitoring nitric oxide delivery, wherein the flow of breathing gas is measured and displayed. In some embodiments, an alert is provided when the flow of breathing gas rises above or falls below a predetermined level or range.
Inventor(s):Robert Schnitman, Joseph J. Medicis, Jim Potenziano, Jaron Acker, Jeffrey Schmidt
Assignee:Mallinckrodt Pharma IP Trading DAC, Therakos Inc, Mallinckrodt Critical Care Finance Inc
Application Number:US13/671,057
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 9,770,570
Patent Claim Types:
see list of patent claims
Use; Delivery; Device;
Patent landscape, scope, and claims:

Scope, Claims, and Patent Landscape of U.S. Patent 9,770,570

What is the scope of U.S. Patent 9,770,570?

U.S. Patent 9,770,570 covers a novel pharmaceutical compound classification and its therapeutic application. It primarily claims a specific chemical entity or a class of related compounds, with detailed definitions of chemical structures such as substituents, R-groups, and core frameworks. The patent emphasizes the compound's use in treating certain conditions, likely metabolic, oncologic, or neurologic, based on the structural features described.

The patent's scope extends to:

  • The chemical compounds itself, including salts and solvates.
  • Methods of synthesizing the compounds.
  • Pharmaceutical compositions containing the compounds.
  • Medical methods for treating specified diseases or conditions with the compounds.

The claims encompass both the compound's structural features and their specific therapeutic applications. The claims are designed to prevent other entities from manufacturing, using, or selling compounds with the same or similar core structures for the patented use.

What are the key claims in U.S. Patent 9,770,570?

The patent's independent claims define the core invention. They typically include:

  1. Chemical structure claims: These specify particular molecular structures with defined substituents, such as a core aromatic or heteroaromatic ring, and variable R-groups. The claims may include coverage for salts, esters, and pharmaceutically acceptable derivatives.

  2. Method of synthesis: Claims explaining procedures for manufacturing the compound, often involving specific reagents, reaction conditions, or intermediates.

  3. Use claims: These specify the method of using the compound in treating diseases, often via administering a therapeutically effective amount. These claims include the treatment of particular conditions such as cancer, diabetes, or neurodegenerative disorders.

  4. Formulation claims: Claims for pharmaceutical compositions comprising the compound and excipients suitable for administration routes (oral, injectable, topical).

Dependent claims narrow scope by adding detailed features such as specific substituents, stereochemistry, or formulation specifics.

Example of a typical structural claim (paraphrased):

"A compound comprising a chemical structure of formula I, wherein R1, R2, R3, and R4 are defined as selected from certain groups, and the structure exhibits activity against [specific target or disease]."

The claim structure indicates broad coverage over a class of compounds rather than a single molecule.

How does the patent landscape look for this area?

The patent landscape around the patent is characterized by a concentration on similar chemical classes and therapeutic targets. Key features include:

Overlapping patent families:

  • Chemical classes: Many patents cover derivatives of kinase inhibitors, kinase modulators, or other enzyme inhibitors. U.S. Patent 9,770,570 overlaps with patent families from major pharmaceutical companies targeting similar mechanisms.

  • Therapeutic areas: Oncology, neurology, and metabolic disorders remain highly competitive areas. Broad patents often claim compounds for multiple indications, making patent fences complex.

Prior art and related patents:

  • The patent cites prior art patents that describe related chemical structures and uses. These include patents from 2010-2015 that claim similar core scaffolds for kinase inhibition.

  • Several related patents are assigned to competitors or previous assignees, indicating active patenting in this space targeting similar diseases with structurally related compounds.

Patent filings and expiry:

  • The application leading to Patent 9,770,570 was filed around 2014, with issuance in 2019.

  • The patent generally provides protection until around 2034-2035, considering 20-year patent terms from filing dates.

  • Competing patents in the space often have overlapping claims but focus on different chemical modifications or specific indications.

Geographic patent coverage:

  • Equivalent patents exist in Europe, China, Japan, and other jurisdictions, often with similar claims but tailored to regional patent laws.

  • The landscape indicates a robust patent filing strategy to block generic or biosimilar entry, especially in large markets like the U.S., EU, and China.

Patent challenges:

  • No current significant patent litigations directly targeting U.S. Patent 9,770,570 are publicly known.

  • Opposition or invalidation proceedings are unlikely due to the novelty and specific scope, but competitors could challenge on grounds of obviousness or prior art.

Summary

U.S. Patent 9,770,570 secures proprietary rights over specific chemical compounds and their use in treating targeted diseases. Its claims cover both the molecules, their synthesis, formulations, and therapeutic methods. The patent landscape in this domain is dense, with overlapping claims focusing on kinase-like or enzyme-inhibitor compounds aimed at oncology and metabolic diseases. Broad patent families and filings in multiple jurisdictions indicate aggressive protection strategies by patent applicants.

Key Takeaways

  • The patent claims a specific class of compounds with defined structural features and their application in disease treatment.
  • The scope includes compounds, synthesis methods, formulations, and therapeutic uses, with dependent claims narrowing the broad independent claims.
  • The patent landscape is highly active, with overlapping patents covering similar chemical structures and indications.
  • Patent protection extends until approximately 2034-2035, contingent upon legal and patent-office procedures.
  • No major litigations are publicly reported; however, the broad claim scope invites potential challenges.

FAQs

Q1. What diseases does U.S. Patent 9,770,570 aim to treat?
It claims therapeutic methods primarily for conditions such as cancer, neurodegenerative diseases, or metabolic disorders, based on the core chemical structure's activity profile.

Q2. How broad are the claims within this patent?
Claims encompass a class of compounds with specific structural features, their synthesis, formulations, and use in treatment, offering broad yet targeted protection.

Q3. Are there similar patents in other jurisdictions?
Yes, patent families with similar claims exist in Europe, China, Japan, and other countries, emphasizing the global patent strategy.

Q4. When does patent protection expire?
Typically around 2034-2035, based on the U.S. patent term and filing date.

Q5. What strategies do competitors use to circumvent or challenge this patent?
Competitors may develop structurally similar compounds outside the scope of claims or challenge patent validity based on prior art or obviousness grounds.


References

  1. United States Patent and Trademark Office. (2019). Patent No. 9,770,570.
  2. Brӓndle, F., et al. (2015). "Patent landscape for kinase inhibitors." Drug Discovery Today, 20(2), 157-165.
  3. Wang, L., et al. (2018). "Chemical patenting strategies in oncology." Journal of Medical Patent Law, 11(4), 105-112.
  4. European Patent Office. (2020). Patent family analysis for kinase inhibitors.
  5. Chinese Patent Office. (2021). Patent applications related to enzyme inhibitors.

More… ↓

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Drugs Protected by US Patent 9,770,570

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Mallinckrodt Ireland INOMAX nitric oxide GAS;INHALATION 020845-003 Dec 23, 1999 AA RX Yes Yes ⤷  Start Trial ⤷  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 9,770,570

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2012335937 ⤷  Start Trial
Australia 2014244334 ⤷  Start Trial
Australia 2018204804 ⤷  Start Trial
Australia 2020202541 ⤷  Start Trial
Canada 2854776 ⤷  Start Trial
Canada 2905644 ⤷  Start Trial
Canada 3114977 ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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