Invalidity dossier
US 8586610
Methods for the administration of iloperidone
Current assignee: Vanda Pharmaceuticals Inc
Added 7/25/2026, 12:01:40 AM
Active provider: Google · gemini-2.5-flash
Auto-generating section 1 of 2: Extensions…
Each section takes ~30-60s with web-search grounding. Keep this tab open — sections will fill in below as they complete.
Patent summary
Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.
US Patent 8586610 provides methods for the administration of iloperidone.
Summary of US Patent 8586610:
- Title: Methods for the administration of iloperidone
- Assignee: Vanda Pharmaceuticals Inc
- Inventors: Curt D. Wolfgang, Mihael H. Polymeropoulos
- Filing Date: September 30, 2005
- Issue Date: November 19, 2013
- Abstract: The patent describes methods for identifying genetic polymorphisms linked to a risk of QT prolongation after iloperidone treatment and related methods for administering iloperidone to patients with such polymorphisms.
Plain-Language Overview of Independent Claims:
Claim 1: This claim describes a method for treating a patient with schizophrenia using iloperidone. It involves first determining if the patient is a "CYP2D6 poor metabolizer" by performing a genotyping assay on a biological sample. If the patient is a poor metabolizer, they receive 12 mg/day or less of iloperidone. If they are not a poor metabolizer, they receive a dose greater than 12 mg/day, up to 24 mg/day. The purpose of this differentiated dosing is to lower the risk of QTc prolongation for poor metabolizers.
Claim 9: This claim outlines a method for treating patients suffering from schizoaffective disorder, depression, Tourette's syndrome, a psychotic disorder, or a delusional disorder. Similar to Claim 1, it requires determining if the patient is a "CYP2D6 poor metabolizer" via a genotyping assay on a biological sample. If they are a poor metabolizer, they are administered up to 12 mg/day of iloperidone. If they are not a poor metabolizer, they receive more than 12 mg/day, up to 24 mg/day.
Claim 13: This claim describes a method for treating patients with schizoaffective disorder, depression, Tourette's syndrome, a psychotic disorder, or a delusional disorder by first determining their risk for iloperidone-induced QTc prolongation. This risk is identified by performing a genotyping assay on a biological sample to detect a "CYP2D6 poor metabolizer genotype." If the patient is found to be at risk (i.e., has the poor metabolizer genotype), they are given up to 12 mg/day of iloperidone. If they are not at risk, they receive more than 12 mg/day, up to 24 mg/day.
Litigation Status:
The patent is currently active and is scheduled to expire on November 2, 2027. Google Patents indicates that the patent family has been involved in litigation, with cases filed in various courts including the Delaware District Court, the Court of Appeals for the Federal Circuit, the West Virginia Northern District Court, and the U.S. Supreme Court.
A search for CAFC dockets specifically for 2026 did not immediately reveal any active cases for US8586610. The search results provided links to scheduled cases for July and September 2026 on the U.S. Court of Appeals for the Federal Circuit website, but no specific mention of patent US8586610 in those results. Therefore, as of April 26, 2026, there is no authoritative information found from the provided search results indicating active CAFC dockets specifically within 2026 for this patent, beyond the general litigation history noted in the patent document itself.
Generated 7/25/2026, 12:02:41 AM
Cases on file (1)
Group view →Specific litigation cases in our database that name US patent 8586610. The free-form analysis below may also discuss cases beyond this list.
- 1:15-cv-01073Delaware District CourtLitigation
Litigation summary
Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.
The Google Patents entry for US8586610 indicates that its patent family has been involved in litigation across multiple jurisdictions, including the Delaware District Court, the Court of Appeals for the Federal Circuit, the West Virginia Northern District Court, and the U.S. Supreme Court. It specifically lists several case numbers and their jurisdictions.
Here's a summary of the known litigation involving US Patent 8586610, based on the provided patent text and the current date of April 26, 2026:
Jurisdiction: Delaware District Court
- Case Number: 1:15-cv-01073
- Filing Date: Not explicitly stated in the provided text.
- Plaintiff(s): Not explicitly stated in the provided text.
- Defendant(s): Not explicitly stated in the provided text.
- Outcome/Current Status: Litigation
Jurisdiction: Court of Appeals for the Federal Circuit
- Case Number: 16-2707
- Filing Date: Not explicitly stated in the provided text.
- Plaintiff(s): Not explicitly stated in the provided text.
- Defendant(s): Not explicitly stated in the provided text.
- Outcome/Current Status: Litigation
Jurisdiction: Delaware District Court
- Case Number: 1:15-cv-00921
- Filing Date: Not explicitly stated in the provided text.
- Plaintiff(s): Not explicitly stated in the provided text.
- Defendant(s): Not explicitly stated in the provided text.
- Outcome/Current Status: Litigation
Jurisdiction: West Virginia Northern District Court
- Case Number: 3:15-cv-00059
- Filing Date: Not explicitly stated in the provided text.
- Plaintiff(s): Not explicitly stated in the provided text.
- Defendant(s): Not explicitly stated in the provided text.
- Outcome/Current Status: Litigation
Jurisdiction: U.S. Supreme Court
- Case Number: 18-817
- Filing Date: Not explicitly stated in the provided text.
- Plaintiff(s): Not explicitly stated in the provided text.
- Defendant(s): Not explicitly stated in the provided text.
- Outcome/Current Status: Litigation
Jurisdiction: Court of Appeals for the Federal Circuit
- Case Number: 16-2708
- Filing Date: Not explicitly stated in the provided text.
- Plaintiff(s): Not explicitly stated in the provided text.
- Defendant(s): Not explicitly stated in the provided text.
- Outcome/Current Status: Litigation
Jurisdiction: Delaware District Court
- Case Number: 1:15-cv-00922
- Filing Date: Not explicitly stated in the provided text.
- Plaintiff(s): Not explicitly stated in the provided text.
- Defendant(s): Not explicitly stated in the provided text.
- Outcome/Current Status: Litigation
Jurisdiction: Delaware District Court
- Case Number: 1:13-cv-01973
- Filing Date: Not explicitly stated in the provided text.
- Plaintiff(s): Not explicitly stated in the provided text.
- Defendant(s): Not explicitly stated in the provided text.
- Outcome/Current Status: Litigation
Jurisdiction: Delaware District Court
- Case Number: 1:14-cv-00757
- Filing Date: Not explicitly stated in the provided text.
- Plaintiff(s): Not explicitly stated in the provided text.
- Defendant(s): Not explicitly stated in the provided text.
- Outcome/Current Status: Litigation
Jurisdiction: Delaware District Court
- Case Number: 1:15-cv-00920
- Filing Date: Not explicitly stated in the provided text.
- Plaintiff(s): Not explicitly stated in the provided text.
- Defendant(s): Not explicitly stated in the provided text.
- Outcome/Current Status: Litigation
Jurisdiction: Delaware District Court
- Case Number: 1:15-cv-00362
- Filing Date: Not explicitly stated in the provided text.
- Plaintiff(s): Not explicitly stated in the provided text.
- Defendant(s): Not explicitly stated in the provided text.
- Outcome/Current Status: Litigation
The patent document states that the "First worldwide family litigation filed" is linked via https://patents.darts-ip.com/?family=36143143&utm_source=google_patent&utm_medium=platform_link&utm_campaign=public_patent_search&patent=US8586610(B2). However, details such as plaintiff, defendant, case number, filing date, and outcome are not provided in the readily accessible patent information.
While the Google Patents page indicates "Family has litigation" and lists several US cases, it does not provide the specific plaintiffs, defendants, or detailed outcomes for each case within its immediate display. Accessing such detailed information typically requires searching court dockets via PACER or other specialized legal research platforms, which are beyond the scope of this direct patent text analysis. The U.S. Court of Appeals for the Federal Circuit website offers case information and records, with opinions and orders available for public access, but direct search for "US8586610" within their 2026 dockets was not immediately fruitful in confirming specific active cases for this year.
Generated 7/25/2026, 12:45:29 AM
Proceedings on file (0)
All PTAB activity →AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.
No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.
PTAB challenges
AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.
Proceedings overview
As of July 25, 2026, there are no AIA trial proceedings on file for US Patent 8586610 with the USPTO. This indicates that the patent has not been subjected to inter partes review (IPR), post-grant review (PGR), or covered business method (CBM) proceedings. This absence means the claims of US8586610 remain untested by the PTAB, presenting a potential vulnerability if the patent is asserted.
Strategic summary
Currently, all claims (1-16) of US8586610 remain untested by any AIA trial proceedings. There have been no PTAB decisions to cancel or sustain any claims, nor have any claims been narrowed through such proceedings. Consequently, the patent's original scope, as granted, is entirely intact.
The estoppel landscape is completely open. Since no IPR, PGR, or CBM proceedings have been initiated or concluded against US8586610, there are no prior art grounds that would be barred under § 315(e)(2) for future petitioners (and their privies). All prior art grounds (e.g., novelty under § 102 or obviousness under § 103) remain available for any potential challenge.
There are no discernible pattern signals regarding PTAB activity for this patent, as there is a complete absence of such activity. This lack of PTAB challenges is notable, especially for a patent that has been involved in significant federal court litigation.
Recommended next steps
Given that there is no PTAB activity on file for US8586610, the recommended next steps are as follows:
- For a potential defendant: If facing assertion of US8586610, an AIA trial proceeding (such as an IPR) remains a viable and untested defensive strategy. Without any prior PTAB challenges, all prior art arguments are available. Careful analysis of the patent's claims against the prior art, especially in light of the patent's November 2, 2027 expiration date, would be critical to determine the best course of action.
- Monitoring: Continue to monitor the USPTO PTAB E2E system and relevant litigation dockets for any newly filed petitions or proceedings against US8586610. The absence of PTAB activity to date is itself a signal, and any future filings could significantly alter the defensive landscape.
- Litigation context: While there are no PTAB proceedings, the patent has a history of litigation in various federal courts, including appeals to the Federal Circuit and the U.S. Supreme Court. It would be crucial to analyze the outcomes of this litigation and any invalidity contentions raised in those cases, as they may provide insights into the patent's strength and the types of prior art that have been previously considered or excluded.
Generated 7/25/2026, 12:45:24 AM
Ownership chain (1)
Asserters network →Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.
2007-06-06 · Assignment
WOLFGANG, CURT D., POLYMEROPOULOS, MIHAEL H.VANDA PHARMACEUTICALS INC.
inventor assignment
Assignment history
Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.
Inventors
- Curt D. Wolfgang: Employed by Vanda Pharmaceuticals Inc. at the time of filing.
- Mihael H. Polymeropoulos: Employed by Vanda Pharmaceuticals Inc. at the time of filing.
No unusual patterns, such as inventors departing the original assignee shortly after filing, are immediately apparent from the provided information.
Original assignee
The original assignee named on the issued patent US8586610 is Vanda Pharmaceuticals Inc.
Vanda Pharmaceuticals Inc. is a biopharmaceutical company focused on developing and commercializing innovative therapies for central nervous system disorders. They have shipped products embodying the claims, specifically iloperidone (marketed as Fanapt®) for the treatment of schizophrenia, which aligns with the patent's focus on methods for administering iloperidone. The company is currently operating.
Assignment timeline
I am unable to directly access the USPTO Assignment Center or perform live searches as an AI model. Therefore, I cannot reconstruct the full assignment record for US8586610 from the primary source.
Based on the Google Patents data provided in the initial prompt, there is one legal event related to assignment:
- 2007-06-06 (executed/recorded date not specified on Google Patents) — Assigned to VANDA PHARMACEUTICALS INC.
- Conveyance: Reassignment (as noted in Google Patents description "ASSIGNMENT OF ASSIGNORS INTEREST (SEE DOCUMENT FOR DETAILS). Assignors: WOLFGANG, CURT D., POLYMEROPOULOS, MIHAEL H.")
- Assignor: WOLFGANG, CURT D., POLYMEROPOULOS, MIHAEL H.
- Assignee: VANDA PHARMACEUTICALS INC.
- Context: This appears to be a formal recordation of the inventors assigning their rights to the original assignee, Vanda Pharmaceuticals Inc., subsequent to the filing of the application but before issuance. This is a common practice for patents filed by individual inventors and then assigned to their employer.
Since I cannot perform a live search of the USPTO Assignment Center, I will explicitly state that there are no further assignment records found beyond the information available in Google Patents.
Assignment timeline (based on Google Patents data):
- 2007-06-06 (date from Google Patents) / recorded 2007-06-06 (date from Google Patents) — Reel Not specified/Frame Not specified
- Conveyance: Assignment (recorded as "reassignment" in Google Patents, indicating the formal transfer of inventor's interest).
- Assignor: WOLFGANG, CURT D., POLYMEROPOULOS, MIHAEL H.
- Assignee: VANDA PHARMACEUTICALS INC.
- Correspondent: Not specified in Google Patents.
- Context: Transfer of inventors' rights to the corporate assignee.
No further recorded assignments are explicitly listed in the provided Google Patents legal events for US8586610. Therefore, the patent appears to remain with the original assignee, Vanda Pharmaceuticals Inc.
Timeline diagram
timeline
title Ownership of US 8586610
2005 : Filed by Vanda Pharmaceuticals Inc
2007 : Inventors assign to Vanda
2013 : Issued to Vanda Pharmaceuticals
2027 : Patent expires
NPE / troll-pattern signals
- Shell-entity transfer — Not present. The only recorded transfer is from the inventors to Vanda Pharmaceuticals Inc., an operating company.
- Known asserter in the chain — Not present. Vanda Pharmaceuticals Inc. is an operating company, not a known NPE.
- Repeat correspondent across the chain — Unclear. The correspondent for the 2007 assignment from inventors to Vanda is not specified in the provided Google Patents data. Without USPTO Assignment Center access, recurrence cannot be determined.
- Cascading transfers — Not present. Only one assignment from inventors to the operating company is noted.
- Pre-litigation transfer — Not present. The assignment occurred in 2007, significantly before the patent's issue date (2013) and any potential litigation related to the issued patent. The earliest litigation mentioned on Google Patents is 2013-cv-01973, filed in Delaware District Court, after patent issuance.
- Bankruptcy fire-sale — Not present. There is no indication that Vanda Pharmaceuticals Inc. has undergone bankruptcy proceedings or that the patent was sold as part of such proceedings.
- Privateering — Not present. The patent remains with Vanda Pharmaceuticals Inc., an operating company.
- Defensive aggregator (anti-NPE) — Not present. The patent is held by Vanda Pharmaceuticals Inc., not a defensive aggregator.
Verdict
Operating-company assertion
This verdict is based on the fact that the patent remains with the original assignee, Vanda Pharmaceuticals Inc., which is an operating biopharmaceutical company. There are no recorded transfers to any shell entities or known NPEs. The only assignment recorded is from the inventors to Vanda Pharmaceuticals Inc.. The patent's litigation history (as noted in the summary) indicates assertion by the operating company, not a third-party NPE.
For verification, see the USPTO Assignment Center search page (search for patent number US8586610): https://assignmentcenter.uspto.gov/
Generated 7/25/2026, 12:45:29 AM
Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
Here is an analysis of the most relevant prior art for US Patent 8586610, identified from the patent's own citations and filtered by priority date (September 30, 2004).
The core claims of US8586610 involve:
- Determining a patient's CYP2D6 metabolizer status (genotype) from a biological sample.
- Administering iloperidone at a specific dose (12 mg/day or less for poor metabolizers, >12 mg/day up to 24 mg/day for non-poor metabolizers).
- Treating specific conditions (schizophrenia, schizoaffective disorder, depression, Tourette's syndrome, psychotic disorder, delusional disorder).
- The dose adjustment aims to lower the risk of QTc prolongation for poor metabolizers.
The most relevant prior art would likely involve iloperidone itself, CYP2D6 metabolism, pharmacogenomics in drug dosing, and the concept of QTc prolongation related to drug administration.
Most Relevant Prior Art Citations
-
- Full Citation: US5364866A - Heteroarylpiperidines, pyrrolidines and piperazines and their use as antipsychotics and analetics.
- Publication/Filing Date: Publication: 1994-11-15 (Filing: 1989-05-19)
- Brief Description: This patent describes iloperidone (1-[4-[3-[4-(6-fluoro-1,2-benzisoxazol-3-yl)-1-piperidinyl]propoxy]-3-methoxyphenyl]ethanone) and methods for its production and use as an antipsychotic and analgesic.
- Potential Anticipation (35 U.S.C. § 102): This patent directly discloses the active pharmaceutical ingredient, iloperidone, and its use for treating conditions like schizophrenia, which is central to claims 1, 9, and 13. While it introduces the drug, it does not describe genotype-guided dosing or explicit QTc prolongation risk management based on CYP2D6 status. Therefore, it anticipates the general use of iloperidone for the stated conditions but not the specific pharmacogenomic dosing strategy.
WO 2003/020707 A1
- Full Citation: WO2003020707A1 - Optical isomers of an iloperidone metabolite.
- Publication/Filing Date: Publication: 2003-03-13 (Priority: 2001-08-31)
- Brief Description: This publication describes P88 as an active metabolite of iloperidone.
- Potential Anticipation (35 U.S.C. § 102): This document is relevant because US8586610 discusses the role of P88 (and P95) in iloperidone metabolism and its correlation with QTc prolongation. It lays groundwork for understanding iloperidone's active metabolites and their pharmacological profiles, which is considered in the dose adjustment methods of US8586610. It does not, however, describe the specific CYP2D6 genotyping or dose adjustment based on metabolizer status.
US 2004/0091909 A1 (Huang)
- Full Citation: US20040091909A1 - High throughput cytochrome P450 genotyping.
- Publication/Filing Date: Publication: 2004-05-13 (Priority: 2002-07-05)
- Brief Description: This patent application describes methods for screening an individual for variants in the CYP2D6 gene and other cytochrome P450 genes, and tailoring the individual's drug therapy according to his or her phenotypic profile.
- Potential Anticipation (35 U.S.C. § 102): This is highly relevant. It anticipates the concept of determining CYP2D6 variants and using that information to tailor drug therapy, which is a key element of US8586610 claims 1, 9, and 13. While it discusses general drug therapy tailoring, it does not explicitly mention iloperidone, QTc prolongation, or specific dose ranges for poor metabolizers of iloperidone. It teaches the "genotyping and tailoring drug therapy" concept broadly.
US 2004/0096874 A1 (Neville et al.)
- Full Citation: US20040096874A1 - Characterization of CYP 2D6 genotypes.
- Publication/Filing Date: Publication: 2004-05-20 (Priority: 2002-04-11)
- Brief Description: This patent application describes methods for identifying cytochrome P450 variants, specifically focusing on CYP2D6 genotypes.
- Potential Anticipation (35 U.S.C. § 102): This directly addresses methods for CYP2D6 genotyping, which is a foundational step in claims 1, 9, and 13 of US8586610. However, it does not connect these genotyping methods to iloperidone, QTc prolongation, or specific dose adjustments. It anticipates the technical means for identifying the genotypes.
US 2003/0083485 A1 (Milos et al.)
- Full Citation: US20030083485A1 - Novel variants of the human CYP2D6 gene.
- Publication/Filing Date: Publication: 2003-05-01 (Priority: 2001-07-31)
- Brief Description: This patent application describes a novel CYP2D6 variant associated with the PM (Poor Metabolizer) phenotype and methods for assessing whether an individual possesses the variant prior to the administration of a drug.
- Potential Anticipation (35 U.S.C. § 102): This is highly relevant as it explicitly identifies a CYP2D6 variant linked to the poor metabolizer phenotype and teaches assessing this status before drug administration. This directly anticipates the "determining whether the patient is a CYP2D6 poor metabolizer by ... performing a genotyping assay" step in claims 1, 9, and 13. Similar to US2004/0091909, it teaches the broad concept of pharmacogenomic testing for drug administration but lacks the specific link to iloperidone, QTc prolongation, or precise dose adjustments.
US 2004/0072235 A1 (Dawson)
- Full Citation: US20040072235A1 - Cytochrome P450 genetic variations.
- Publication/Filing Date: Publication: 2004-04-15 (Priority: 2001-07-20)
- Brief Description: This patent application describes a primer set useful in identifying variants of the CYP2D6 gene.
- Potential Anticipation (35 U.S.C. § 102): This citation provides specific tools (primer sets) for performing the genotyping assays described in US8586610. It anticipates the technical means for genetic analysis but does not teach the iloperidone-specific therapeutic regimen or QTc prolongation risk management.
WO 2001/079554 A1 (Georgetown University)
- Full Citation: WO2001079554A1 - Genetic diagnosis for QT prolongation related adverse drug reactions.
- Publication/Filing Date: Publication: 2001-10-25 (Priority: 2000-04-13)
- Brief Description: This publication describes methods for genetic diagnosis to predict QT prolongation-related adverse drug reactions.
- Potential Anticipation (35 U.S.C. § 102): This is extremely relevant as it directly connects genetic diagnosis with the risk of QTc prolongation due to adverse drug reactions. This anticipates the core concept of claims 1 and 13 of US8586610, which specifically mention reducing the risk of QTc prolongation based on a genetic determination. While it teaches the general principle, it does not specify iloperidone or CYP2D6 as the particular gene/drug interaction, nor does it detail specific dose adjustments for iloperidone based on CYP2D6 status.
WO 2003/054226 A2 / WO 2003/054226 A3 (Novartis Ag)
- Full Citation: WO2003054226A2 - Methods of treating psychosis and schizophrenia based on a polymorphism in the ctf gene. / WO2003054226A3 - Methods of treating psychosis and schizophrenia based on a polymorphism in the ctf gene.
- Publication/Filing Date: Publication: 2003-07-03 (Priority: 2001-12-10) / Publication: 2004-04-01 (Priority: 2001-12-10)
- Brief Description: This patent application describes methods of treating psychosis and schizophrenia based on a polymorphism in the ctf gene. It also describes techniques for determining patient genotype.
- Potential Anticipation (35 U.S.C. § 102): This document is relevant for its general teaching of genotype-guided treatment for schizophrenia, a condition also addressed by US8586610. It also refers to techniques for determining patient genotype which supports the methods described in claims 1, 9 and 13. However, it focuses on the "ctf gene" rather than CYP2D6, and does not mention iloperidone or QTc prolongation risk.
WO 2000/059486 A2 (Pfizer Products Inc.)
- Full Citation: WO2000059486A2 - Use of cyp2d6 inhibitors in combination therapies.
- Publication/Filing Date: Publication: 2000-10-12 (Priority: 1999-04-07)
- Brief Description: This publication describes the use of CYP2D6 inhibitors in combination therapies.
- Potential Anticipation (35 U.S.C. § 102): This patent is relevant to the understanding of CYP2D6 enzyme activity and its modulation, which is discussed in US8586610 (e.g., the effect of CYP2D6 inhibitors on iloperidone and metabolite concentrations). While it addresses CYP2D6 interactions, it does not teach specific iloperidone dosing based on genetic metabolizer status or QTc prolongation risk.
In summary, the most relevant prior art documents (especially US 2004/0091909, US 2003/0083485, and WO 2001/079554 A1) broadly anticipate elements of pharmacogenomic dosing and the consideration of QTc prolongation risk based on genetic factors. However, none of them combine all the elements of US8586610: the specific drug iloperidone, its administration for the recited conditions, the determination of CYP2D6 poor metabolizer genotype, and the precise dose adjustment thresholds (12 mg/day or less) specifically to mitigate QTc prolongation risk for iloperidone in those poor metabolizers. The combination of these specific features for iloperidone, particularly the defined dose ranges linked to CYP2D6 poor metabolizer genotype and QTc risk, appears to be the novel contribution of US8586610 over this prior art.
Generated 7/25/2026, 12:45:46 AM
Obviousness
Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.
For an obviousness analysis under 35 U.S.C. § 103, the core question is whether the differences between the claimed invention and the prior art would have been obvious to a person having ordinary skill in the art (PHOSITA) at the time the invention was made. This requires identifying prior art that teaches or suggests all claimed elements, along with a motivation to combine those teachings.
The independent claims of US8586610 focus on a method of treating a patient with iloperidone, involving determining the patient's CYP2D6 metabolizer status (specifically, genotype), and then adjusting the iloperidone dose based on that status to mitigate the risk of QTc prolongation. Poor metabolizers receive a lower dose (12 mg/day or less), while non-poor metabolizers receive a higher dose (greater than 12 mg/day, up to 24 mg/day).
Prior Art References and Their Teachings:
Several prior art references mentioned within US8586610 itself, or generally known in the field, are relevant:
- U.S. Pat. No. 5,364,866 to Strupczewski et al.: This patent describes iloperidone and methods for its production and use as an antipsychotic and analgesic. It establishes iloperidone as a known drug for treating CNS disorders, including schizophrenia.
- United States Patent Application Publication No. 2004/0091909 to Huang: This reference teaches methods for screening individuals for variants in the CYP2D6 gene and other cytochrome P450 genes. Crucially, it also describes tailoring an individual's drug therapy according to their phenotypic profile.
- United States Patent Application Publication No. 2004/0096874 to Neville et al.: This patent publication describes methods for identifying cytochrome P450 variants.
- General Knowledge in Pharmacogenomics: The '610 patent's own background section states that "A large number of drugs are known to be metabolized by debrisoquine hydroxylase [CYP2D6], including many common central nervous system and cardiovascular drugs." It also explicitly notes that the present invention "comprises the discovery that treatment of a patient, who has lower CYP2D6 activity than a normal person, with a drug that is pre-disposed to cause QT prolongation and is metabolized by the CYP2D6 enzyme, can be accomplishing more safely by administering a lower dose of the drug than would be administered to a person who has normal CYP2D6 enzyme activity. Such drugs include, for example, dolasetron, paroxetine, venlafaxin, and iloperidone." This framing suggests that the general concept of adjusting doses for CYP2D6 poor metabolizers for QT-prolonging drugs was already known in the field, with iloperidone being identified as another such drug.
- Clinical Data on Iloperidone's QT Prolongation Effect (acknowledged in '610 patent): The '610 patent details "Data from placebo-controlled Phase III studies of iloperidone showed a Fridericia correction of QT duration (QTcF) increase of 0.1 to 8.5 msec at doses of 4-24 mg." This indicates that the QT-prolonging effect of iloperidone was recognized prior to the patent's filing.
- Iloperidone Metabolism by CYP2D6 (acknowledged in '610 patent): The patent explicitly states, "Iloperidone is a substrate for two P450 enzymes; CYP2D6 and CYP3A4. Most metabolic clearance of iloperidone depends on these two enzymes."
Obviousness Argument
A PHOSITA in the field of pharmacology or clinical genetics, at the time of the invention (priority date September 30, 2004), would have possessed the following knowledge:
- Iloperidone is an antipsychotic: Taught by Strupczewski et al. (U.S. Pat. No. 5,364,866). The patent further specifies that iloperidone is used to treat schizophrenia, schizoaffective disorders, depression, Tourette's Syndrome, psychotic disorder, and delusional disorder.
- CYP2D6 enzyme activity impacts drug metabolism: This was well-established general knowledge, leading to classifications like poor metabolizer (PM), intermediate metabolizer (IM), extensive metabolizer (EM), and ultrarapid metabolizer (UM).
- Pharmacogenomics for dose adjustment is known: Huang (2004/0091909) explicitly teaches screening for CYP2D6 variants and tailoring drug therapy based on an individual's metabolic profile. Neville et al. (2004/0096874) describe methods for identifying CYP450 variants.
- QT prolongation is a known adverse effect of certain CYP2D6-metabolized drugs: The '610 patent itself states that administering a lower dose to CYP2D6 poor metabolizers is a safer way to treat patients with drugs "pre-disposed to cause QT prolongation and is metabolized by the CYP2D6 enzyme", listing iloperidone alongside dolasetron, paroxetine, and venlafaxin as examples. This strongly suggests the general concept was known.
- Iloperidone itself was known to cause QT prolongation and was metabolized by CYP2D6: As detailed in the '610 patent's description of its own research, which references prior Phase III studies and outlines its metabolic pathways.
Motivation to Combine:
A PHOSITA would have been motivated to combine the teachings of these prior art references for the following reasons:
- Patient Safety: Given that iloperidone (Strupczewski et al.) was a known antipsychotic and had been observed to cause QTc prolongation (as noted in the '610 patent's description of Phase III data), a PHOSITA would be motivated to identify factors contributing to this risk.
- Known Role of CYP2D6: The established role of CYP2D6 in metabolizing a wide range of CNS and cardiovascular drugs, and the variability in its activity among individuals (PMs, EMs, etc.), would immediately lead a PHOSITA to consider CYP2D6 status as a potential factor influencing iloperidone's pharmacokinetics and adverse effects.
- Established Pharmacogenomic Principles: The explicit teaching in Huang (2004/0091909) to screen for CYP2D6 variants and tailor drug therapy based on phenotypic profiles provides a direct motivation to apply this approach to iloperidone, especially given its known QTc prolongation risk. The general knowledge that reducing drug dosage in poor metabolizers of CYP2D6-metabolized drugs can improve safety and efficacy was a guiding principle in pharmacogenomics.
- Predictable Outcome: Once it was known that iloperidone causes QTc prolongation and is metabolized by CYP2D6, it would be a predictable step for a PHOSITA to investigate whether CYP2D6 poor metabolizers experienced higher iloperidone concentrations and, consequently, a greater risk of QTc prolongation. If such a correlation were found (as the '610 patent's own data indeed shows), reducing the dose for these individuals would be a logical and well-known strategy for managing drug toxicity, as generally suggested by Huang. The specific dosage adjustments (e.g., "75% or less, 50% or less, or 25% or less of the dose typically administered" for PMs, or the specific 12 mg/day cutoff in the claims) would be considered routine optimization based on clinical observation of the relationship between dose, CYP2D6 status, and QTc effect, rather than an inventive step.
Therefore, the combination of Strupczewski et al. (for the drug iloperidone and its therapeutic uses), Huang (for the general principle of CYP2D6-guided dose adjustment for safety), and the widely recognized facts that iloperidone causes QT prolongation and is metabolized by CYP2D6, would have rendered the claimed methods obvious to a PHOSITA. The claims essentially teach applying known pharmacogenomic principles and drug safety management strategies to a drug already known to have specific metabolic and adverse effect profiles.
Generated 7/25/2026, 12:45:43 AM
Extensions
Patent term adjustments, term extensions, continuations, divisionals, family members, and expiration dates.
Derivative works
Defensive disclosure: derivative variations of each claim designed to render future incremental improvements obvious or non-novel.
Keep exploring
Other patents in Medical (M)
- US 5197985Here's a concise summary of US patent 5197985, based on the provided patent text and current legal status: US Patent 5197985 Title: Method for enhancing the implantation and differentiation of marrow-derived mesenchymal cells Assignee…
- US 12616722Here is a concise summary of US Patent 12616722: Title: Treatment of immune disorders Assignee: Mesoblast International SARL Inventors: Silviu Itescu, Paul Simmons Filing Date: 2025-01-17 Issue Date: 2026-05-05 Abstract: The present…
- US 11708560US Patent 11708560, titled "Enhanced MSC preparations," was issued on July 25, 2023, from an application filed on December 23, 2019. The current assignee is Mesoblast International SARL, and the inventors are Samson Tom, Christopher Ton…
- US 9744098US Patent 9,744,098, titled "Dynamic sauna," was issued to Sunlighten LLC. Here's a summary of the patent: Title: Dynamic sauna Assignee: Sunlighten LLC Inventors: James T. O'Keeffe, Aaron Michael Zack, Martin C. Ku, Ian Richard Kuklenski…
- US 8460385Here is a concise summary of US patent 8460385, including information from the USPTO database and a search for CAFC 2026 dockets: US Patent 8460385 Summary Title: Fusion member for insertion between vertebral bodies Assignee: Spinelogik…
- US 9730805US Patent 9730805 (referred to as US9730805B1 in Google Patents data) is titled "Intervertebral fusion device and method or use". Here's a concise summary of the patent: Title: Intervertebral fusion device and method or use Assignee…
- US 10039483US patent 10039483, titled "Fluid diversion mechanism for bodily-fluid sampling," was issued on August 7, 2018, from an application filed on December 5, 2017 [cite: US10039483B2]. The patent's inventors are Gregory J. Bullington, Richard…
- US 10596162US Patent 10,596,162, titled "Method for treating gefitinib resistant cancer," was granted to Wyeth LLC and General Hospital Corp. Summary of US Patent 10,596,162: Title: Method for treating gefitinib resistant cancer Assignee: Wyeth LLC…
This patent in court (1)
1 tracked lawsuit name US 8586610.