Last Updated: June 9, 2026

Details for Patent: 6,699,871


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Summary for Patent: 6,699,871
Title:Beta-amino heterocyclic dipeptidyl peptidase inhibitors for the treatment or prevention of diabetes
Abstract:The present invention is directed to compounds which are inhibitors of the dipeptidyl peptidase-IV enzyme ("DP-IV inhibitors") and which are useful in the treatment or prevention of diseases in which the dipeptidyl peptidase-IV enzyme is involved, such as diabetes and particularly type 2 diabetes. The invention is also directed to pharmaceutical compositions comprising these compounds and the use of these compounds and compositions in the prevention or treatment of such diseases in which the dipeptidyl peptidase-IV enzyme is involved.
Inventor(s):Scott D. Edmondson, Michael H. Fisher, Dooseop Kim, Malcolm MacCoss, Emma R. Parmee, Ann E. Weber, Jinyou Xu
Assignee: Merck Sharp and Dohme LLC
Application Number:US10/189,603
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 6,699,871
Patent Claim Types:
see list of patent claims
Use; Composition;
Patent landscape, scope, and claims:

United States Patent 6,699,871: Scope, Claim Coverage, and U.S. Patent Landscape

What does U.S. Patent 6,699,871 claim in the U.S.?

U.S. Patent 6,699,871 is built around a “formula I” compound class plus narrow dependent claim fallouts, followed by composition and therapeutic method claims tied to dipeptidyl peptidase-IV (DPP-IV, also written DPP4) inhibition.

The independent claim (claim 1) covers:

  • A compound of formula I (and related stereoisomers), plus
  • Pharmaceutically acceptable salts, and
  • Individual diastereomers.

The claim set extends to:

  • Additional formula sub-classes (claims 2-4 referencing Ia, Ib, Ic),
  • Particular “Ar” and “R1/R2/R3” selections (claims 5-14),
  • A small genus selection list in claims 15-17 (claim text appears truncated in the provided excerpt),
  • Pharmaceutical compositions with an inert carrier (claims 18-20),
  • Methods of use: DPP-IV inhibition (claim 21) and treatment/control of diabetes, hyperglycemia, obesity, and lipid disorders (claims 22-26).

How broad is the chemical genus in claim 1?

Claim 1 is a Markush-style genus with layered breadth:

Core structure variables

  • Ar: phenyl only, or phenyl substituted with 1-5 R3.
  • X: either N or CR2.
  • R1 and R2: each independently selected from a defined set that includes H, CN, C1-10 alkyl (with optional halogen or phenyl substitution), phenyl (with enumerated substituent classes), or a 5- or 6-membered heterocycle (for R1 and R2 via the “5- or 6-membered heterocycle” option embedded in claim 1).
  • R3 (controls the aromatic substitution pattern): halogen, C1-6 alkyl (optionally halogen-substituted), OCl-6 alkyl (optionally halogen-substituted), or CN.
  • R4: C1-6 alkyl optionally substituted with halogen or CO2H or CO2C1-6alkyl.

Practical effect on scope

Claim 1 gives the patentee room to cover:

  • Aryl substitution diversity (1-5 substituents on phenyl, each substituent chosen from multiple chemotypes).
  • Two independent substituent positions (R1 and R2) each with large option sets.
  • Halogen-rich chemistry (fluoro/bromo and CF3-type groups are explicitly included by dependent claims).
  • A salt and diastereomer umbrella, which expands infringement capture beyond a single stereochemical form.

Claim 1 scope map (from your excerpt)

Variable Claim 1 options (compressed) What this means for coverage
Ar phenyl; phenyl substituted with 1-5 R3 Multiple substitution patterns on the aryl ring
R3 halogen; C1-6 alkyl (optionally halogen-substituted); O-alkyl (optionally halogen-substituted); CN Supports halogenated alkyl and cyanation variants
X N or CR2 Changes the core heteroatom vs carbon substituent class
R1 H, CN, C1-10 alkyl (optionally halogen/phenyl), phenyl (optionally substituted), or 5/6-membered heterocycle (optionally substituted) Large chemical space at one position
R2 same family as R1 (as written in claim 1 excerpt) Large chemical space at a second position
R4 C1-6 alkyl optionally substituted with halogen, CO2H, CO2-alkyl Adds solubilizing/acid variants potential
End states pharmaceutically acceptable salts and individual diastereomers Captures salt forms and stereochemical variants

How do the dependent claims narrow or sharpen the scope?

Dependent claims 2-4: formula sub-classes

  • Claims 2-4 are “formula Ia / Ib / Ic” dependent claims.
  • These likely represent specific instantiations of the generic formula I (such as X being N vs CR2, or particular R group constraints), but the excerpt does not reproduce the structural differences. Still, the drafting indicates separate sub-genus definitions within claim 1.

Dependent claims 5-6: Ar constraints

  • Claim 5: Ar is phenyl substituted with 1-5 substituents independently selected from: F, Br, CF3.
  • Claim 6: Ar is limited to specific phenyl patterns:
    • phenyl
    • 2-fluorophenyl
    • 3,4-difluorophenyl
    • 2,5-difluorophenyl
    • 2,4,5-trifluorophenyl
    • 2-fluoro-4-(trifluoromethyl)phenyl
    • 4-bromo-2,5-difluorophenyl

This is a meaningful narrowing: it restricts aromatic substitution to a highly specific set of fluorinated and CF3/brominated aryl rings.

Dependent claims 7-10: R1 constraints

  • Claim 7: R1 is H or C1-6 alkyl optionally substituted with phenyl or 1-5 fluoro.
  • Claim 8: R1 limited to: H, methyl, ethyl, CF3, CH2CF3, CF2CF3, phenyl, benzyl.
  • Claim 9: R1 limited to: H, methyl, ethyl, CF3, CH2CF3.
  • Claim 10: R1 is H or CF3.

This yields an obvious “funnel” narrowing toward common medicinal-chemistry handles for potency and ADME.

Dependent claims 11-13: R2 constraints

  • Claim 11: R2 is H, C1-6 alkyl optionally substituted with 1-5 fluoro, or phenyl optionally substituted with fluoro, OCH3, OCF3.
  • Claim 12: R2 limited to:
    • H
    • methyl
    • ethyl
    • CF3
    • CH2CF3
    • CF2CF3
    • phenyl
    • (4-methoxy)phenyl
    • (4-trifluoromethoxy)phenyl
    • 4-fluorophenyl
    • 3,4-difluorophenyl
  • Claim 13: R2 is CF3 or CF2CF3.

Dependent claims 14: R3 constraints

  • Claim 14: R3 is F, Br or CF3.

This tightens Ar substitution elements in conjunction with claims 5-6.

How strong is the method-use coverage (claims 21-26)?

The therapeutic claims are drafted as functional use claims anchored to the compound class:

  • Claim 21: method for inhibition of DPP-IV enzyme activity in a mammal.
  • Claim 22: treating/controlling diabetes.
  • Claim 23: treating/controlling Type 2 diabetes mellitus (non-insulin dependent).
  • Claim 24: treating/controlling hyperglycemia.
  • Claim 25: treating/controlling obesity.
  • Claim 26: treating/controlling lipid disorders (dyslipidemia, hyperlipidemia, hypertriglyceridemia, hypercholesterolemia, low HDL, high LDL).

Litigation relevance

For U.S. drug patents, this pattern typically matters because:

  • Product infringement is often litigated on whether a marketed drug is within a compound/formula claim and/or whether the labeling/indication aligns with the claimed methods.
  • Even if a competitor avoids the chemical genus, it can still face exposure if it makes an infringing compound and uses/markets it for the claimed therapeutic effects.

What does the composition coverage add?

  • Claim 18: pharmaceutical composition with an inert carrier and a compound of claim 1.
  • Claims 19-20: compositions with inert carrier and a compound of claim 16 (note: in your excerpt, claim 16 is truncated/blanked; as presented, it is unclear what “compound of claim 16” definitively is).

Practically, composition claims can expand infringement arguments around:

  • formulation packaging and manufacturing (if the drug is produced in a claimed “composition” form), and
  • method-of-use claims by anchoring to “composition comprising compound.”

What is the patent landscape risk beyond 6,699,871?

Your prompt asks for “scope and claims and patent landscape for United States Drug Patent 6,699,871,” but no additional data was provided such as:

  • assignee,
  • filing and priority dates,
  • related continuations/divisionals,
  • prosecution history,
  • listed patents in the same family,
  • prosecution outcomes (allowed subject matter, narrowing amendments),
  • U.S. patents/continuations cited by the patent,
  • INPADOC/Espacenet family mapping,
  • status (active/expired), or
  • any identified competitors/products.

Under the operating constraints, a complete and accurate “landscape” requires those identifiers and citation data. Without them, a landscape build would be speculative.

Given the constraints, this response stays strictly within the claim scope you supplied.

Claim scope summary (actionable take)

Coverage that is clearly broad

  • Formula I genus: wide chemical variability via Ar (1-5 substitutions), R1/R2 breadth, R3 chemotypes, X is N or CR2, plus salts and individual diastereomers.
  • Indications: DPP-IV inhibition and broad therapeutic framing across diabetes, hyperglycemia, obesity, and multiple lipid endpoints.

Coverage that is clearly narrow

  • Dependent claims 5-6, 8-13, 14 confine key substituents to:
    • fluoro, bromo, and CF3 (for Ar substitution),
    • enumerated R1 and R2 substituent lists (methyl/ethyl/CF3/CH2CF3/CF2CF3, specific methoxy and trifluoromethoxy phenyls, and difluoro/fluoro phenyls).

What an FTO reviewer would test first

  • Whether a candidate compound falls within formula I parameters (not just the dependent claim lists).
  • Whether the candidate compound’s Ar substitution pattern uses only the allowed R3 classes and counts (1-5).
  • Whether the candidate’s R1/R2 fall within either the broad option sets of claim 1 or the enumerated dependent sets.
  • Whether the salt or stereochemistry used by a generic or follow-on entrant maps to pharmaceutically acceptable salts and individual diastereomers.
  • Whether the intended use and marketing claims align with the method claims (DPP-IV inhibition, diabetes/hyperglycemia, obesity, lipid disorders).

Tables: claim buckets and what they lock down

1) Chemical claim hierarchy

Claim Category Scope impact
1 Independent formula I Broadest chemical perimeter; salts + diastereomers
2-4 Ia/Ib/Ic subclasses Intermediate narrowing by sub-formula
5-6 Ar constraints Restricts aryl substitution chemotypes/patterns
7-10 R1 constraints Restricts one substituent to enumerated set
11-13 R2 constraints Restricts second substituent to enumerated set
14 R3 constraints Restricts aromatic substituent atoms/groups
15-17 “Selected from” lists Presented excerpt is incomplete; scope cannot be reconstructed fully from the text provided
18-20 Composition claims Adds formulation packaging around covered compounds
21-26 Method claims Anchors therapeutic use to DPP-IV inhibition and multiple endpoints

2) Therapeutic endpoints

Claim Indication/functional claim
21 Inhibition of DPP-IV enzyme activity in mammal
22 Treat/control diabetes
23 Treat/control Type 2 diabetes mellitus
24 Treat/control hyperglycemia
25 Treat/control obesity
26 Treat/control lipid disorders (dyslipidemia and multiple specific lipid endpoints)

Key Takeaways

  • U.S. Patent 6,699,871 is a broad formula-genus patent in claim 1, expanding coverage via salts and individual diastereomers and then narrowing through dependent claims that restrict Ar, R1, R2, and R3 to specific fluorinated/brominated/CF3-heavy subsets.
  • The method-use claims are broad across DPP-IV inhibition and multiple metabolic and lipid conditions, which increases exposure if any infringing compound is marketed for those indications.
  • A defensible “patent landscape” assessment cannot be completed from the excerpt alone; the only reliable analysis available here is claim scope and coverage mechanics derived from the text provided.

FAQs

1) Does claim 1 cover salts and stereoisomers?
Yes. Claim 1 explicitly includes “pharmaceutically acceptable salts” and “individual diastereomers.”

2) Is the aromatic ring (Ar) limited to phenyl?
Yes. Claim 1 defines Ar as phenyl, optionally substituted with 1-5 R3 groups.

3) What substituent classes are explicitly present for aromatic substitution (R3)?
R3 includes halogen, C1-6 alkyl (optionally halogen-substituted), O-alkyl (optionally halogen-substituted), and CN.

4) Are diabetes claims limited to Type 2 only?
No. Claim 22 covers diabetes generally, while claim 23 narrows to Type 2 diabetes mellitus, and the set also includes hyperglycemia, obesity, and lipid disorders.

5) Do the dependent claims materially reduce scope or just list examples?
They materially narrow coverage by restricting Ar, R1, R2, and R3 to enumerated sets (e.g., specific fluorinated aryl patterns; specific R1/R2 groups like CF3, CH2CF3, CF2CF3, and methoxy/trifluoromethoxy phenyls).

References

[1] U.S. Patent 6,699,871, Claims 1-26 (as provided in the prompt excerpt).

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Drugs Protected by US Patent 6,699,871

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >TE >Type >RLD >RS >Patent No. >Patent Expiration >Product >Substance >Delist Req. >Patented / Exclusive Use >Submissiondate

International Family Members for US Patent 6,699,871

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
European Patent Office 1412357 ⤷  Start Trial PA2007006 Lithuania ⤷  Start Trial
European Patent Office 1412357 ⤷  Start Trial SPC/GB07/046 United Kingdom ⤷  Start Trial
European Patent Office 1412357 ⤷  Start Trial 122007000056 Germany ⤷  Start Trial
European Patent Office 1412357 ⤷  Start Trial CA 2008 00035 Denmark ⤷  Start Trial
European Patent Office 1412357 ⤷  Start Trial 91470 Luxembourg ⤷  Start Trial
European Patent Office 1412357 ⤷  Start Trial PA2008013 Lithuania ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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