United States Patent 11,173,189: A Detailed Analysis of Scope, Claims, and Patent Landscape
Overview of the Patent
The United States Patent 11,173,189, titled "Daptomycin formulations containing a combination of sorbitol and mannitol," is a significant development in the field of pharmaceuticals, particularly for the antibiotic daptomycin. This patent is held by Baxter Healthcare Corporation and is set to expire on March 11, 2041[2].
Scope of the Patent
The patent focuses on novel formulations of daptomycin, a cyclic lipopeptide antibiotic used to treat complicated skin and skin structure infections, as well as certain bloodstream infections caused by susceptible Gram-positive bacteria[4].
Key Components
The formulations described in this patent include a combination of daptomycin with sorbitol and mannitol. These excipients are crucial for enhancing the stability and reconstitution properties of the antibiotic.
- Sorbitol and Mannitol: These sugars act as stabilizers and bulking agents, improving the physical and chemical stability of the daptomycin formulation. They help in maintaining the integrity of the antibiotic during storage and reconstitution[1].
Claims of the Patent
The patent claims are comprehensive and cover various aspects of the formulation, including the method of manufacture, the composition itself, and the specific ratios of the components.
Method of Manufacture
The patent details a method of manufacturing a pharmaceutically acceptable solid composition of daptomycin. This involves drying an aqueous solution containing daptomycin, sorbitol, and mannitol. The drying step, particularly sublimation drying, is critical for removing ice from the composition without compromising the stability of the antibiotic[1].
Composition
The solid composition is defined by specific weight percentages of daptomycin, sorbitol, and mannitol. For example, the composition may include daptomycin as the active ingredient, with sorbitol and mannitol present in defined ratios to ensure optimal stability and reconstitution characteristics[1].
Patent Landscape
The patent landscape for daptomycin is complex, with multiple patents and generic versions in various stages of development.
Existing Patents
Several patents related to daptomycin formulations are currently active, including those held by Cubist Pharmaceuticals LLC, Xellia Pharmaceuticals Aps, and Hospira Inc. These patents cover different aspects such as high purity lipopeptides, methods for administration, and specific formulations[2].
Generic Versions
Generic versions of daptomycin are being developed by companies like Fresenius Kabi USA LLC, Hisun Pharmaceutical Hangzhou Co Ltd, and Hospira Inc. These generic versions are subject to the expiry dates of the existing patents, which can vary due to legal activities such as patent term extensions or amendments[2].
Legal and Regulatory Aspects
The legal status of patents, including US11173189B2, can be influenced by various factors such as patent term adjustments, legal challenges, and amendments to the patent claims.
Patent Expiry and Generic Launch
The expiry date of the patent (March 11, 2041) is crucial for the launch of generic versions. However, this date can be affected by legal activities such as patent term extensions or challenges to the patent claims[2].
Enablement and Written Description
The scope of patent claims, especially in the pharmaceutical industry, is subject to strict enablement and written description requirements under 35 U.S.C. ยง 112. This ensures that the patent claims are supported by sufficient disclosure to enable a person skilled in the art to make and use the invention[3].
Impact on Pharmaceutical Industry
The patent and its claims have significant implications for the pharmaceutical industry, particularly in the development and commercialization of daptomycin formulations.
Innovation and Competition
The patent protects the innovative formulation of daptomycin with sorbitol and mannitol, preventing competitors from using the same composition until the patent expires. This encourages further innovation in the field while allowing the patent holder to recoup their investment in research and development[3].
Patient Access
The availability of generic versions, once the patent expires, can improve patient access to the medication by reducing costs. However, the complexity of the patent landscape and ongoing legal activities can delay the entry of generics into the market[2].
Key Takeaways
- Novel Formulation: The patent introduces a novel formulation of daptomycin with sorbitol and mannitol, enhancing stability and reconstitution properties.
- Method of Manufacture: The patent details a specific method of manufacture involving sublimation drying.
- Patent Landscape: The patent is part of a complex landscape with multiple existing patents and generic versions in development.
- Legal and Regulatory: The patent is subject to strict enablement and written description requirements, and its expiry date can be influenced by legal activities.
- Industry Impact: The patent protects innovation and affects competition and patient access to the medication.
FAQs
What is the primary focus of United States Patent 11,173,189?
The primary focus of this patent is on novel formulations of daptomycin containing a combination of sorbitol and mannitol to enhance stability and reconstitution properties.
Who holds the United States Patent 11,173,189?
The patent is held by Baxter Healthcare Corporation.
What is the significance of sorbitol and mannitol in the patent?
Sorbitol and mannitol act as stabilizers and bulking agents, improving the physical and chemical stability of the daptomycin formulation.
How does the patent impact the pharmaceutical industry?
The patent protects innovation, affects competition, and influences patient access to the medication by delaying the entry of generic versions until the patent expires.
What are the key components of the method of manufacture described in the patent?
The method involves drying an aqueous solution containing daptomycin, sorbitol, and mannitol, with a focus on sublimation drying to remove ice without compromising the stability of the antibiotic.
Cited Sources
- US11173189B2 - Daptomycin formulations containing a combination of sorbitol and mannitol - Google Patents
- Drug Patents containing Daptomycin - Pharsight
- Eviscerating Patent Scope - DigitalCommons@NYLS
- Daptomycin: Uses, Interactions, Mechanism of Action - DrugBank
- US9138456B2 - Lipopeptide compositions and related methods - Google Patents