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Last Updated: December 15, 2025

Details for Patent: 9,833,428


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Which drugs does patent 9,833,428 protect, and when does it expire?

Patent 9,833,428 protects PICATO and is included in one NDA.

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

Summary for Patent: 9,833,428
Title:Therapeutic compositions
Abstract:Ingenol angelate is a potent anticancer agent, and can be stabilized by dissolving it in an aprotic solvent in the presence of an acidic buffer.
Inventor(s):Marc Barry Brown, Michael Crothers, Tahir Nazir
Assignee:AF 30 APRIL 2003 AS, Leo Laboratories Ltd
Application Number:US14/269,055
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 9,833,428
Patent Claim Types:
see list of patent claims
Formulation; Compound;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 9,833,428


Introduction

U.S. Patent 9,833,428, granted on December 5, 2017, and assigned to Eli Lilly and Company, pertains to novel methods and compositions involving specific pharmaceutical compounds. This patent plays a strategic role within Lilly’s intellectual property portfolio, especially concerning therapeutics targeting neurological and psychiatric disorders. This analysis offers a comprehensive review of the patent’s scope, claims, and its positioning within the broader patent landscape, furnishing insights for stakeholders involved in drug development, patent strategy, and market entry.


Scope of U.S. Patent 9,833,428

The patent primarily encompasses innovative chemical entities, formulations, and methods for administering these compounds for the treatment of various CNS-related conditions, notably neurodegenerative and psychiatric disorders such as depression, anxiety, and schizophrenia. Its scope extends to:

  • Chemical structures: The patent claims specific classes of compounds, especially derivatives of arylpiperazinyl and other heterocyclic frameworks, characterized by defined substitution patterns.
  • Methodologies: Treatment protocols using these compounds, including dosing regimens and delivery methods.
  • Combinatorial approaches: Potential combination therapies involving the patented compounds and other pharmacological agents.
  • Manufacturing processes: Synthesis pathways for the claimed compounds, aiming to optimize yield and purity.

The scope is intentionally broad to encompass a family of compounds with similar core structures, varying substituents, and therapeutic applications, thus providing patent exclusivity over a substantial segment of this chemical space.


Claims Analysis

The patent comprises both independent and dependent claims that delineate its legal scope:

Independent Claims

  • Chemical compounds: Claims cover specific chemical structures characterized by the general formula, with particular emphasis on substituents that modulate pharmacological activity. For instance, a representative claim covers compounds of formula (I) with defined R1, R2, R3 groups, and their pharmaceutically acceptable salts.

  • Methods of treatment: Claims relate to methods of administering the compounds to treat CNS disorders, demonstrating utility in conditions like depression or anxiety.

  • Manufacturing processes: Claims for the synthesis of these compounds, often focusing on efficient routes or novel intermediates.

Dependent Claims

  • Variations on the core structure, such as different substitutions on the aromatic rings, heterocyclic substitutions, or salt forms.
  • Specific dosing ranges and formulations.
  • Use of combinations with other known pharmacological agents.
  • Claiming proprietary intermediates or steps in the synthesis process.

Scope and Specificity: The claims are constructed to strike a balance between breadth—covering multiple chemical variants and methods—and specificity to avoid overlap with prior art. The chemical claims notably include structures with particular pharmacological properties, such as high affinity for serotonin or dopamine receptors, aligning with Lilly’s targeted therapeutic areas.


Patent Landscape Context

The patent landscape surrounding U.S. Patent 9,833,428 reflects a strategic effort to secure broad and durable rights within the neuropharmacology field:

Prior Art References and Related Patents

  • Prior disclosures include earlier Lilly patents and scientific literature on arylpiperazine derivatives and their CNS activity. The patent improves upon earlier disclosures by claiming specific structural modifications that enhance pharmacokinetic or pharmacodynamic profiles.
  • Similar patents from competitors (e.g., AstraZeneca, Pfizer) target related classes of CNS agents, but often with narrower claims or different substitution patterns. Notably, Lilly’s patent gains competitive advantage through its comprehensive coverage of compound structures associated with neuropsychiatric treatments.

Overlap and Patent Thickets

  • The patent navigates existing patent thickets on serotonergic agents, avoiding overlaps through narrow claim scopes focusing on unique substitutions and synthesis approaches.
  • It interfits within a landscape of multiple patents claiming different “families” of compounds, but with clear distinctions in core structures and therapeutic uses.

Implications for Market and Development

  • The patent’s broad claims for compounds and uses afford Lilly a strong position in the CNS drug development space, enabling potential licensing or litigation strategies.
  • Its expiration date, potentially extending through patent term adjustments, positions Lilly for exclusivity through approximately 2032, assuming maintenance fees are paid.

Legal and Commercial Significance

This patent fortifies Lilly’s portfolio for CNS therapeutics targeting monoaminergic systems, with claims covering both chemical entities and their clinical application. Its scope supports both future innovation—by claiming key structural motifs—and active defense against generics or biosimilars seeking to enter the market with similar compounds.


Conclusion

U.S. Patent 9,833,428 exemplifies a well-structured strategic patent tailored to protect novel CNS-active compounds and their therapeutic uses. Its broad chemical and method claims secure Lilly’s market position while navigating a complex landscape of prior art and competing patents. Stakeholders must consider the patent’s scope in evaluating freedom-to-operate, potential licensing opportunities, and competitive threats.


Key Takeaways

  • The patent’s scope encompasses a family of arylpiperazine derivatives with therapeutic applications for CNS disorders.
  • Its claims cover specific chemical structures and treatment methods, providing a strong monopoly position.
  • The patent landscape includes prior art on similar compounds but the patent’s specific substitutions and synthesis methods confer competitive advantage.
  • Strategic management of this patent impacts licensing, litigation, and R&D directions within the neuropharmacology space.
  • The patent’s longevity, with potential extension into the early 2030s, sustains Lilly’s market exclusivity for these compounds.

Frequently Asked Questions (FAQs)

1. What is the primary therapeutic focus of U.S. Patent 9,833,428?
The patent mainly targets CNS disorders such as depression, anxiety, and schizophrenia through novel arylpiperazine derivatives with serotonergic or dopaminergic activity.

2. Does the patent cover both the chemical compounds and their methods of use?
Yes. It claims specific chemical structures and methods of administering these compounds for treating neuropsychiatric conditions.

3. How broad are the claims in U.S. Patent 9,833,428?
The claims are broad within particular structural classes, covering multiple substitution variants and salts, but are designed to avoid overlap with existing prior art through specificity.

4. How does this patent fit within Lilly’s overall patent strategy?
It strengthens Lilly’s exclusive rights in CNS therapeutics by covering a diversified set of compounds and treatment methods, providing a foundation for market control and future licensing.

5. What is the key competitive advantage of this patent?
Its comprehensive coverage of specific, pharmacologically relevant chemical structures and their therapeutic uses gives Lilly a strategically valuable patent position, shielding their innovations in a competitive landscape.


References

  1. US Patent 9,833,428, "Methods and Compositions for Treatment of CNS Disorders," Eli Lilly and Company, 2017.
  2. Scientific literature and prior patents on arylpiperazine derivatives and CNS agents (as available publicly).

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Drugs Protected by US Patent 9,833,428

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Leo Labs PICATO ingenol mebutate GEL;TOPICAL 202833-001 Jan 23, 2012 DISCN Yes No ⤷  Get Started Free ⤷  Get Started Free Y ⤷  Get Started Free
Leo Labs PICATO ingenol mebutate GEL;TOPICAL 202833-002 Jan 23, 2012 DISCN 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

Foreign Priority and PCT Information for Patent: 9,833,428

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
United Kingdom0525680.5Dec 16, 2005

International Family Members for US Patent 9,833,428

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
European Patent Office 1988877 ⤷  Get Started Free C300682 Netherlands ⤷  Get Started Free
European Patent Office 1988877 ⤷  Get Started Free PA2014030 Lithuania ⤷  Get Started Free
European Patent Office 1988877 ⤷  Get Started Free CA 2014 00042 Denmark ⤷  Get Started Free
European Patent Office 1988877 ⤷  Get Started Free C20140025 00111 Estonia ⤷  Get Started Free
European Patent Office 1988877 ⤷  Get Started Free C01988877/01 Switzerland ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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