Detailed Analysis of the Scope and Claims of United States Patent 8,039,451
Introduction
United States Patent 8,039,451, titled "Boron-Containing Small Molecules," was issued on October 18, 2011, to Anacor Pharmaceuticals, Inc. This patent is part of a broader portfolio of patents related to boron-containing compounds, particularly those with anti-inflammatory and antifungal properties.
Inventors and Assignees
The patent was invented by a team of researchers including Stephen J. Baker, Tsutomu Akama, Carolyn Bellinger-Kawahara, Vincent S. Hernandez, Karin M. Hold, James J. Leyden, Kirk Maples, Jacob J. Plattner, Virginia Sanders, and Yong-Kang Zhang. Anacor Pharmaceuticals, Inc. is the assignee of the patent, with PF PRISM IMB B.V. holding the exclusive license[2][5].
Patent Scope
The patent covers a class of boron-containing small molecules, which are defined by specific structural formulas. These molecules are designed to have therapeutic applications, particularly as anti-inflammatory and antifungal agents.
Claim Structure
The patent includes multiple claims that define the scope of the invention. These claims are categorized into independent and dependent claims.
- Independent Claims: These claims define the broadest scope of the invention and are not dependent on other claims. For example, Claim 1 describes a compound having a specific boron-containing structure[1].
- Dependent Claims: These claims narrow down the scope by adding additional limitations to the independent claims. They often specify particular substituents, functional groups, or other structural features that further define the compounds[1].
Claims Analysis
The claims in the '451 patent are detailed and specific, ensuring a clear definition of what is covered under the patent.
Claim Length and Count
Research on patent scope suggests that the length and count of independent claims can be indicative of the patent's breadth and complexity. The '451 patent has multiple independent claims, each with several dependent claims, which suggests a well-defined but potentially broad scope[3].
Therapeutic Applications
The boron-containing small molecules described in the patent have several therapeutic applications:
Anti-Inflammatory Agents
These compounds are designed to act as anti-inflammatory agents, which is further elaborated in related patents such as the '614 and '712 patents. These patents describe the use of boron-containing small molecules in treating inflammatory conditions[2][5].
Antifungal Agents
The patent also covers the antifungal properties of these compounds. The molecules are tested against various fungal strains, including Candida albicans and Aspergillus fumigatus, showing significant inhibitory activity[1].
Patent Landscape
The '451 patent is part of a larger patent landscape involving boron-containing compounds.
Related Patents
- U.S. Patent 8,168,614: This patent, also owned by Anacor, focuses on the use of boron-containing small molecules as anti-inflammatory agents.
- U.S. Patent 8,501,712: Similar to the '614 patent, this patent covers additional aspects of boron-containing compounds as anti-inflammatory agents.
- U.S. Patent 9,682,092: This patent extends the coverage to other therapeutic applications of boron-containing small molecules[2][5].
Litigation and Enforcement
The '451 patent has been involved in several litigation cases, particularly against generic pharmaceutical companies seeking to market generic versions of Anacor's EUCRISA® (crisaborole) ointment before the patent's expiration. Companies like Teva and Dr. Reddy’s Laboratories have been defendants in these cases, highlighting the importance of this patent in protecting Anacor's intellectual property[2][5].
Examination Process and Patent Quality
The examination process for the '451 patent, like many others, involved narrowing the scope of the claims to ensure clarity and validity. Research indicates that narrower claims at publication are associated with a higher probability of grant and a shorter examination process[3].
Commercial Impact
The '451 patent is crucial for Anacor's commercial activities, particularly in the development and marketing of EUCRISA®, a topical treatment for mild to moderate atopic dermatitis. The patent protects the unique composition and therapeutic applications of crisaborole, ensuring Anacor's market exclusivity until the patent's expiration[2][5].
Key Takeaways
- Specific Structural Formulas: The patent covers boron-containing small molecules with specific structural formulas.
- Therapeutic Applications: The compounds have anti-inflammatory and antifungal properties.
- Related Patents: The '451 patent is part of a broader portfolio of patents related to boron-containing compounds.
- Litigation: The patent has been involved in several litigation cases to protect Anacor's intellectual property.
- Commercial Impact: The patent is crucial for Anacor's market exclusivity for EUCRISA®.
FAQs
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What is the main subject of United States Patent 8,039,451?
- The main subject is boron-containing small molecules with specific therapeutic applications.
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Who are the inventors of the '451 patent?
- The inventors include Stephen J. Baker, Tsutomu Akama, Carolyn Bellinger-Kawahara, Vincent S. Hernandez, Karin M. Hold, James J. Leyden, Kirk Maples, Jacob J. Plattner, Virginia Sanders, and Yong-Kang Zhang.
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What are the therapeutic applications of the compounds described in the '451 patent?
- The compounds are designed as anti-inflammatory and antifungal agents.
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Which companies have been involved in litigation related to the '451 patent?
- Companies like Teva and Dr. Reddy’s Laboratories have been defendants in litigation cases related to this patent.
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What is the commercial significance of the '451 patent for Anacor Pharmaceuticals?
- The patent protects Anacor's market exclusivity for EUCRISA® (crisaborole) ointment.
Cited Sources
- United States Patent and Trademark Office. Boron-Containing Small Molecules. US Patent 8,039,451 B2, October 18, 2011.
- RPX Insight. Case 1:21-cv-01348-CFC-JLH Document 38 Filed 03/28/22.
- Hoover Institution. Patent Claims and Patent Scope. August 2016.
- United States Patent and Trademark Office. Pharmaceutical Compositions Containing Crisaborole. US Patent Application Publication US 2017/0152273 A1, November 30, 2016.
- RPX Insight. Case 3:21-cv-17831-FLW Document 1 Filed 09/30/21.
