Last Updated: September 24, 2026

KETEK Drug Patent Profile


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Which patents cover Ketek, and when can generic versions of Ketek launch?

Ketek is a drug marketed by Sanofi Aventis Us and is included in one NDA.

The generic ingredient in KETEK is telithromycin. There is one drug master file entry for this compound. Additional details are available on the telithromycin profile page.

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Summary for KETEK
US Patents:0
Applicants:1
NDAs:1
Raw Ingredient (Bulk) Api Vendors: 36
Patent Applications: 7,979
What excipients (inactive ingredients) are in KETEK?KETEK excipients list
DailyMed Link:KETEK at DailyMed

US Patents and Regulatory Information for KETEK

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Exclusivity Expiration
Sanofi Aventis Us KETEK telithromycin TABLET;ORAL 021144-002 Feb 9, 2005 DISCN No No ⤷  Start Trial ⤷  Start Trial ⤷  Start Trial
Sanofi Aventis Us KETEK telithromycin TABLET;ORAL 021144-001 Apr 1, 2004 DISCN No No ⤷  Start Trial ⤷  Start Trial ⤷  Start Trial
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >TE >Type >RLD >RS >Patent No. >Patent Expiration >Product >Substance >Delist Req. >Exclusivity Expiration

Expired US Patents for KETEK

Applicant Tradename Generic Name Dosage NDA Approval Date Patent No. Patent Expiration
Sanofi Aventis Us KETEK telithromycin TABLET;ORAL 021144-002 Feb 9, 2005 5,635,485 ⤷  Start Trial
Sanofi Aventis Us KETEK telithromycin TABLET;ORAL 021144-001 Apr 1, 2004 D459798 ⤷  Start Trial
Sanofi Aventis Us KETEK telithromycin TABLET;ORAL 021144-001 Apr 1, 2004 5,635,485 ⤷  Start Trial
Sanofi Aventis Us KETEK telithromycin TABLET;ORAL 021144-002 Feb 9, 2005 D459798 ⤷  Start Trial
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >Patent No. >Patent Expiration

EU/EMA Drug Approvals for KETEK

Company Drugname Inn Product Number / Indication Status Generic Biosimilar Orphan Marketing Authorisation Marketing Refusal
Aventis Pharma S.A. Ketek telithromycin EMEA/H/C/000354When prescribing Ketek, consideration should be given to official guidance on the appropriate use ofantibacterial agents and the local prevalence of resistance.Ketek is indicated for the treatment of the following infections:In patients of 18 years and oldercommunity-acquired pneumonia, mild or moderate.when treating infections caused by known or suspected beta-lactam- and / or macrolide-resistant strains (according to history of patients or national and / or regional resistance data) covered by the antibacterial spectrum of telithromycin:acute exacerbation of chronic bronchitis;acute sinusitis;In patients of 12 years and oldertonsillitis / pharyngitis caused by Streptococcus pyogenes, as an alternative when beta-lactam antibiotics are not appropriate in countries / regions with a significant prevalence of macrolide-resistant S. pyogenes, when mediated by ermTR or mefA. Withdrawn no no no 2001-07-09
Aventis Pharma S.A. Levviax telithromycin EMEA/H/C/000355When prescribing Levviax consideration should be given to official guidance on the appropriate use of antibacterial agents and the local prevalence of resistance (see also sections 4.4 and 5.1).Levviax is indicated for the treatment of the following infections:In patients of 18 years and older:-Community-acquired pneumonia, mild or moderate (see section 4.4).- When treating infections caused by known or suspected beta-lactam and/or macrolide resistant strains (according to history of patients or national and/or regional resistance data) covered by the antibacterial spectrum of telithromycin (see sections 4.4 and 5.1):- Acute exacerbation of chronic bronchitis,- Acute sinusitisIn patients of 12 years and older:- Tonsillitis/pharyngitis caused by Streptococcus pyogenes, as an alternative when beta lactam antibiotics are not appropriate in countries/regions with a significant prevalence of macrolide resistant S. pyogenes, when mediated by ermTR or mefA (see sections 4.4 and 5.1). Withdrawn no no no 2001-07-09
>Company >Drugname >Inn >Product Number / Indication >Status >Generic >Biosimilar >Orphan >Marketing Authorisation >Marketing Refusal

International Patents for KETEK

See the table below for patents covering KETEK around the world.

Country Patent Number Title Estimated Expiration
African Regional IP Organization (ARIPO) 558 New erythromycin derivatives, their preparation process and their use as medicaments. ⤷  Start Trial
African Regional IP Organization (ARIPO) 9500744 ⤷  Start Trial
Austria 172203 ⤷  Start Trial
Australia 2449995 ⤷  Start Trial
Australia 684027 ⤷  Start Trial
>Country >Patent Number >Title >Estimated Expiration

Supplementary Protection Certificates for KETEK

Patent Number Supplementary Protection Certificate SPC Country SPC Expiration SPC Description
0680967 CA 2002 00001 Denmark ⤷  Start Trial DKCTFF , , EXPIRES:
0680967 PA2002001 Lithuania ⤷  Start Trial PRODUCT NAME: TELITHROMYCINUM (11,12-DIDEOKSI 3-DE((2,6-DIDEOKSI-3-C-METIL-3-O-METIL-ALFA-L-RIBOHEKSOPIRANOZIL)OKSI) 6-O-METIL 3-OKSO 12,11-(OKSIKARBONIL ((4-(4-(3-PIRIDINIL) 1H-IMIDAZOL-1-IL)BUTIL)IMINO))ERITROMICINAS); REGISTRATION NO/DATE: 01/7551/9 20011107
0680967 PA2002001,C0680967 Lithuania ⤷  Start Trial PRODUCT NAME: TELITHROMYCINUM (11,12-DIDEOKSI 3-DE((2,6-DIDEOKSI-3-C-METIL-3-O-METIL-ALFA-L-RIBOHEKSOPIRANOZIL)OKSI) 6-O-METIL 3-OKSO 12,11-(OKSIKARBONIL ((4-(4-(3-PIRIDINIL) 1H-IMIDAZOL-1-IL)BUTIL)IMINO))ERITROMICINAS); REGISTRATION NO/DATE: 01/7551/9 20011107
0680967 SPC030/2001 Ireland ⤷  Start Trial SPC030/2001: 20031204, EXPIRES: 20160708
0680967 SPC/GB02/001 United Kingdom ⤷  Start Trial PRODUCT NAME: TELITHROMYCIN AND ADDITION SALTS THEREOF WITH PHARMACEUTICALLY ACCEPTABLE ACIDS; REGISTERED: UK EU/1/01/191/001-004 20010710
>Patent Number >Supplementary Protection Certificate >SPC Country >SPC Expiration >SPC Description

KETEK (Telithromycin): Market Dynamics, Financial Trajectory, Patent Position, and Commercial Outlook

Last updated: August 21, 2026

KETEK, the brand name for telithromycin, was a Sanofi-Aventis ketolide antibiotic approved in the United States in 2004 for community-acquired pneumonia. Its commercial trajectory deteriorated rapidly after reports of severe hepatotoxicity, syncope, visual disturbances, and worsening myasthenia gravis. FDA label restrictions in 2006 and 2007 sharply reduced its addressable market. KETEK is now a discontinued or commercially inactive product in the United States, with no meaningful biosimilar risk and limited generic-launch economics.

What is KETEK and how was telithromycin positioned?

KETEK contains telithromycin, a semisynthetic ketolide structurally related to macrolide antibiotics. It was developed to address resistance among respiratory pathogens, particularly macrolide-resistant Streptococcus pneumoniae.

Attribute KETEK profile
Active ingredient Telithromycin
Drug class Ketolide antibacterial
Original developer Aventis, later Sanofi-Aventis
U.S. application NDA 21-144
FDA approval April 2004
Initial indication Mild-to-moderate community-acquired pneumonia
Original commercial rationale Respiratory antibacterial activity, including resistant pneumococci
Dosage form 300 mg tablets
Standard adult regimen 800 mg once daily for seven days
Current U.S. commercial position No meaningful active commercial presence
Biosimilar exposure None; telithromycin is a small-molecule drug

FDA approved KETEK for community-acquired pneumonia caused by susceptible organisms, including S. pneumoniae, Haemophilus influenzae, Moraxella catarrhalis, and atypical respiratory pathogens. The label did not support broad use across all respiratory infections after subsequent safety restrictions were imposed. (U.S. Food and Drug Administration [FDA], 2004, 2006, 2007)

When did KETEK lose market exclusivity and commercial momentum?

KETEK’s commercial decline began before conventional patent expiry because safety-related restrictions reduced prescribing and payer acceptance.

KETEK exclusivity and safety timeline

Date Event Commercial consequence
2001 European regulatory filings and review Established initial international market access
April 2004 FDA approval in the United States Launch in community-acquired pneumonia
2004-2005 Early post-launch use Adoption supported by once-daily dosing and resistance positioning
January 2006 FDA reported serious liver injury concerns Prescribing scrutiny increased
February 2006 FDA required stronger warnings and medication guidance Risk-benefit profile deteriorated
June 2006 FDA restricted use and added boxed warning for myasthenia gravis risk Indication and patient population narrowed
2007 FDA removed sinusitis and acute bacterial exacerbation of chronic bronchitis indications KETEK became largely a pneumonia product
2010s Generic macrolides and respiratory fluoroquinolones remained widely available Price and formulary pressure increased
2016-2017 U.S. commercial availability ended or became inactive Product lost practical market relevance

The critical exclusivity event was regulatory rather than patent-driven. FDA’s safety actions removed two indications and restricted use in patients with myasthenia gravis. The revised label also warned of potentially fatal hepatic failure and other serious adverse events. (FDA, 2006, 2007)

What safety issues affected KETEK sales?

KETEK’s financial trajectory was driven by a high-severity safety signal in a crowded antibiotic market.

The principal risks were:

  • Acute liver failure and hepatitis.
  • Syncope and potentially serious cardiac or neurologic consequences.
  • Visual disturbances.
  • Exacerbation of myasthenia gravis, including respiratory failure and death.
  • Drug interactions associated with CYP3A4 inhibition.

The liver-safety issue was particularly damaging because KETEK was used for an acute infection that could generally be treated with established alternatives. Physicians and hospitals had little economic or clinical incentive to accept incremental safety risk when generic azithromycin, clarithromycin, amoxicillin-clavulanate, doxycycline, and respiratory fluoroquinolones were available.

FDA’s 2006 communication stated that KETEK should be reserved for community-acquired pneumonia and should not be used for acute bacterial sinusitis or acute exacerbations of chronic bronchitis. The 2007 labeling action removed those indications from the U.S. label. (FDA, 2006, 2007)

What was KETEK’s financial trajectory?

KETEK generated early sales as a differentiated respiratory antibiotic but failed to reach durable blockbuster scale. Sales declined after safety warnings, indication withdrawals, and reduced physician confidence.

Sanofi-Aventis’s annual reports identified KETEK as a product affected by safety-related commercial pressure. Public company disclosures did not indicate a sustained recovery after the FDA restrictions. The drug’s revenue base contracted while Sanofi’s larger products, including Lovenox, Plavix, and later vaccines and specialty medicines, carried the group’s financial performance. (Sanofi-Aventis, 2004-2007)

Revenue drivers and decline factors

Period Revenue direction Primary drivers
2004-2005 Initial growth New-product launch, once-daily dosing, resistance claims
2006 Sharp deterioration Liver injury reports, boxed warning, physician withdrawal
2007 onward Structural decline Indication removal, restricted use, generic competition
2010s Minimal commercial value Low demand, safety legacy, absence of strategic investment
Current No material branded revenue U.S. discontinuation and limited market activity

The product’s economics were weakened by the mismatch between a premium-priced antibiotic and a short treatment course. Unlike chronic therapies, an antibiotic has limited annual revenue per patient. A severe safety signal can therefore destroy brand value quickly because there is no large recurring-patient base to offset lost prescribing.

How did KETEK compare with competing antibiotics?

KETEK competed against lower-cost products with longer safety records and broader clinical familiarity.

Product or class Competitive position against KETEK
Azithromycin Generic, widely used, strong outpatient familiarity
Clarithromycin Generic macrolide alternative
Amoxicillin-clavulanate Standard respiratory antibacterial with broad use
Doxycycline Low-cost alternative for several respiratory indications
Levofloxacin and moxifloxacin Established respiratory fluoroquinolone options
Telithromycin Once-daily ketolide, but burdened by severe safety restrictions

KETEK’s potential advantage was activity against certain macrolide-resistant respiratory organisms. That advantage was insufficient to offset hepatotoxicity concerns, especially after the FDA narrowed the label. The product also entered a market where generic substitution and hospital antimicrobial stewardship programs constrained premium pricing.

What patents protected KETEK and telithromycin?

KETEK was protected by a family of patents covering telithromycin chemistry, ketolide compounds, pharmaceutical compositions, and therapeutic use. The relevant patent estate was associated with Aventis and predecessor entities rather than with a separate biotechnology company.

The commercial importance of the estate declined for three reasons:

  1. Telithromycin’s core patent term was finite and tied to early chemical and pharmaceutical filings.
  2. The drug was approved in 2004, leaving a limited period of post-launch exclusivity.
  3. Safety restrictions reduced the value of any remaining patent life.

Patent-estate categories

Patent category Commercial purpose Exposure
Composition-of-matter patents Protect telithromycin and related ketolides Most valuable but earliest-filed
Pharmaceutical-composition patents Protect tablet formulations and excipients Narrower claim scope
Manufacturing patents Protect synthesis or purification processes Potentially relevant to generic cost, but rarely decisive alone
Method-of-use patents Protect treatment of respiratory infections Weakened by indication removals
Regulatory exclusivity Protect initial approved product from certain submissions Expired long ago

The FDA’s Approved Drug Products with Therapeutic Equivalence Evaluations, commonly called the Orange Book, historically provided the controlling U.S. patent and exclusivity record for KETEK. No active U.S. exclusivity remains relevant to current commercial planning. Historical patent listings should be distinguished from current market enforceability because the brand is no longer an active commercial product. (FDA, 2024)

What is the Orange Book status of KETEK?

KETEK is not a commercially meaningful Orange Book barrier for current U.S. generic strategy. Any historical listed patents and regulatory exclusivities have expired or ceased to provide a practical market defense.

The key distinction is between:

  • Historical listing: a patent or exclusivity entry associated with the approved NDA.
  • Current commercial protection: an enforceable and economically valuable barrier to market entry.
  • Practical launch risk: the ability of a generic company to obtain approval and generate sufficient sales.

For KETEK, the third category is more important than the first. Even if a supplier could technically pursue an abbreviated new drug application, the small and uncertain demand base would limit the value of entry.

Were there Paragraph IV challenges to KETEK?

There is no widely documented, commercially significant Paragraph IV litigation campaign comparable to those involving major chronic-care products. That absence is consistent with KETEK’s declining value and the limited expected return from a generic launch.

A Paragraph IV applicant would have faced:

  • Low projected volume.
  • Safety and labeling complexity.
  • Limited reimbursement upside.
  • Competition from established generic antibiotics.
  • Potential difficulty persuading physicians to use telithromycin after the FDA warnings.

The lack of prominent Paragraph IV litigation does not establish that no certification was ever filed. It indicates that no challenge materially reshaped the product’s commercial trajectory.

What formulation and method-of-use patents protected KETEK?

KETEK’s product protection extended beyond the active molecule to oral tablet formulations and treatment methods for respiratory infections. Those secondary protections were less valuable than the core chemical patents.

Formulation protection

The commercial formulation was an immediate-release oral tablet containing 300 mg telithromycin. Formulation claims may have covered excipient combinations, tablet manufacture, dissolution performance, or dosage characteristics. These claims generally provide narrower protection than composition-of-matter patents and can often be designed around by a generic manufacturer.

Method-of-use protection

The original clinical value proposition involved treatment of community-acquired pneumonia and other respiratory infections. FDA’s removal of sinusitis and chronic bronchitis indications reduced the scope of the method-of-use opportunity. A method-of-use patent covering an indication no longer supported by the FDA label would have limited practical value.

Which companies challenged or competed with KETEK?

The principal competitive pressure came from generic manufacturers and branded pharmaceutical companies selling alternative respiratory antibiotics rather than from a single direct patent challenger.

Relevant competitors included companies marketing:

  • Generic azithromycin and clarithromycin.
  • Generic amoxicillin-clavulanate.
  • Generic levofloxacin and moxifloxacin.
  • Branded respiratory antibiotics during KETEK’s launch period.

Large generic manufacturers such as Teva, Mylan, Sandoz, Watson/Actavis, and other suppliers competed indirectly through the broader antibiotic market. Their advantage was manufacturing scale, established hospital distribution, and lower pricing.

Did Sanofi enter licensing deals for KETEK?

KETEK was developed and commercialized through Aventis, which became part of Sanofi-Aventis in 2004. The product’s main strategic structure was corporate succession rather than a high-profile external licensing transaction.

Public disclosures do not identify a major later-stage licensing transaction that revived KETEK or transferred the product into a new growth platform. Once safety restrictions reduced demand, Sanofi’s rational commercial response was to limit investment rather than seek a licensing partner for expansion.

What litigation and settlement agreements affected KETEK?

KETEK’s principal legal and regulatory exposure centered on product-liability, disclosure, and safety matters rather than on a major generic patent settlement.

The commercial record is characterized by:

  • FDA safety communications and labeling changes.
  • Regulatory review of hepatic injury and myasthenia gravis risk.
  • Product-liability exposure associated with alleged liver injury.
  • No prominent branded-generic settlement that preserved a significant future market.

The absence of a major settlement-driven delayed-entry story is important. KETEK did not follow the typical lifecycle of a high-value chronic drug in which Paragraph IV litigation and settlement dates determine billions of dollars in revenue.

Is KETEK exposed to biosimilar risk?

No. Biosimilars apply to biological products, not to telithromycin. KETEK is a small-molecule oral antibiotic and would be subject to the abbreviated new drug application pathway for generics, not the biosimilar pathway under the Biologics Price Competition and Innovation Act.

The relevant competitive risks are generic substitution, therapeutic substitution, and continued displacement by lower-cost antibiotics.

What generic launch scenarios exist for KETEK?

A generic launch would be technically possible if an applicant could satisfy FDA requirements for pharmaceutical equivalence, bioequivalence, manufacturing quality, and applicable labeling. Commercial success would be more difficult.

Scenario Probability assessment Commercial effect
No meaningful generic launch Highest Product remains commercially inactive
Limited institutional or specialty supply Possible Small, fragmented revenue
Broad outpatient generic launch Low Requires renewed clinical demand that is not evident
Brand revival by new owner Very low Safety restrictions and weak market economics remain
Reformulated or repositioned product Very low Would require new clinical and regulatory investment

A generic company would also need to assess whether the reference product is commercially available, whether FDA reference-product requirements can be met, and whether the market supports manufacturing and pharmacovigilance costs.

How strong is the KETEK patent estate today?

KETEK’s patent estate is historically significant but commercially weak today.

Strength factor Assessment
Core molecule protection Expired or no longer commercially decisive
Formulation protection Narrow and likely expired
Method-of-use protection Reduced by FDA indication restrictions
Manufacturing barriers Potentially relevant but not prohibitive
Regulatory exclusivity Expired
Brand recognition Low
Safety profile Major commercial liability
Generic opportunity Technically available but economically unattractive

Patent strength cannot be separated from product demand. A remaining patent claim would have limited economic value if physicians, hospitals, and payers do not support use of the drug.

What is the FDA regulatory status of KETEK?

KETEK remains a historically FDA-approved product, but its meaningful U.S. commercial status ended after safety restrictions and market withdrawal. The product is not a current growth asset in Sanofi’s portfolio.

FDA’s regulatory actions narrowed the indication to community-acquired pneumonia and imposed strong warnings concerning hepatic injury and myasthenia gravis. Those actions permanently changed the product’s risk-benefit profile. (FDA, 2006, 2007)

What geographic markets remain for telithromycin?

Telithromycin’s geographic position varies by jurisdiction, but its global commercial relevance is limited. European regulators also imposed restrictions after reviewing safety concerns. The European Medicines Agency recommended limiting use to community-acquired pneumonia and removing other respiratory indications. (European Medicines Agency [EMA], 2007)

The strongest barriers to geographic expansion are:

  • Regulatory concern over liver toxicity.
  • Limited physician demand.
  • Availability of inexpensive generic alternatives.
  • Weak reimbursement justification.
  • High post-market safety-monitoring burden.
  • Lack of a differentiated commercial platform.

Key Takeaways

  • KETEK is telithromycin, a Sanofi-Aventis ketolide antibiotic approved by FDA in 2004.
  • Its market failure was driven primarily by hepatotoxicity and myasthenia gravis risk, not by patent expiry alone.
  • FDA removed two indications and restricted use to community-acquired pneumonia.
  • The product competed against inexpensive generic antibiotics with stronger safety familiarity.
  • Historical composition, formulation, manufacturing, and method-of-use patents protected the product, but no meaningful current exclusivity remains.
  • KETEK has no biosimilar exposure because it is a small molecule.
  • No major Paragraph IV litigation or settlement materially extended the commercial lifecycle.
  • Generic entry is technically possible but commercially unattractive because demand is limited and safety concerns remain.
  • KETEK should be valued as an inactive or discontinued product, not as a patent-protected growth asset.

FAQs About KETEK and Telithromycin

Why was KETEK removed from some indications?

FDA removed acute bacterial sinusitis and acute exacerbations of chronic bronchitis after serious liver injury and other safety concerns altered the drug’s risk-benefit profile.

Is telithromycin still prescribed in the United States?

KETEK has no meaningful active U.S. commercial market. Its availability and prescribing have declined substantially following FDA restrictions and commercial discontinuation.

Can a company launch a generic version of KETEK?

A company could theoretically pursue a generic telithromycin product, but the limited demand, safety liabilities, and competition from established antibiotics make a broad launch economically unattractive.

Did KETEK ever become a blockbuster drug?

KETEK achieved commercial uptake after launch but did not sustain blockbuster economics. Safety warnings and indication reductions caused a sharp decline before the product could establish durable large-scale revenue.

What is the main investment risk associated with KETEK?

The primary risk is that residual patent or regulatory rights have little recoverable value because clinical demand, physician confidence, and commercial distribution have largely disappeared.

References

  1. European Medicines Agency. (2007). European Medicines Agency recommends restricting the use of Ketek. EMA.

  2. Sanofi-Aventis. (2004-2007). Annual reports and financial statements. Sanofi-Aventis.

  3. U.S. Food and Drug Administration. (2004). Ketek prescribing information. FDA.

  4. U.S. Food and Drug Administration. (2006). FDA issues safety labeling changes for Ketek. FDA Drug Safety Communication.

  5. U.S. Food and Drug Administration. (2007). FDA approves labeling changes for Ketek and removes two indications. FDA.

  6. U.S. Food and Drug Administration. (2024). Approved drug products with therapeutic equivalence evaluations. FDA Orange Book.

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