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Details for Patent: 6,576,659
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Summary for Patent: 6,576,659
| Title: | Use of oxandrolone in the treatment of burns an other wounds |
| Abstract: | The subject invention provides a method of treating burn-induced weight loss in a burn patient which comprises administering a therapeutically effective amount of an oxandrolone to the patient. The invention also provides a method of treating a wound in a patient suffering from a wound which comprises administering a therapeutically effective amount of an oxandrolone to the patient. The subject invention further provides a method of treating burn-induced weight loss in a burn patient which comprises administering a therapeutically effective amount of an oxandrolone in conjunction with a protein supplement to the patient. |
| Inventor(s): | Don Fishbein |
| Assignee: | Gemini Laboratories LLC |
| Application Number: | US08/985,734 |
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Patent Claim Types: see list of patent claims | Use; Formulation; Delivery; Dosage form; |
| Patent landscape, scope, and claims: | Executive summary US 6,576,659 covers a method of using oxandrolone to treat specific skin wounds in patients, with claim scope anchored on (1) wound types (burn, ulcer, skin graft) and (2) administration modes (oral or topical), with dependent claims adding specific ulcer subtypes, dosing ranges (about 1 to 100 mg/day; exemplified at 20 mg/day and 80 mg/day), and formulation/kinetic options (solid, liquid, sustained-release). A separate claim branch covers “burn-induced weight loss” treated by oxandrolone administered orally or topically in conjunction with a protein supplement, again tied to wound/burn context and the same dosing/formulation variants. The patent’s practical enforceability in the US is strongest against direct method-of-treatment conduct (use by clinicians and resulting commercial products when tied to a label or instructions), and weaker against purely incidental oxandrolone exposure without the claimed wound indication, burn context, protein-supplement combination, and route/formulation constraints. US Patent 6,576,659 method claims: what is the scope of oxandrolone for skin wounds in the US?US 6,576,659 claim set is drafted as a use patent (method-of-treatment) for oxandrolone, not as a composition patent. The claim language is “administering” oriented, which makes the enforceable act typically the “use” of oxandrolone in accordance with the method steps, rather than manufacture or formulation alone. What patients and indications does US 6,576,659 cover?The independent claim (Claim 1) limits the patient group by clinical condition and requires a qualifying wound selection:
The dependent claim structure creates three practical indication buckets:
How broad are the route-of-administration limits?Claim 1 requires “administering orally or topically.” That is a two-route limitation:
How strong is the “therapeutically effective amount” constraint?Claim 1 uses “therapeutically effective amount,” which is a functional limitation. Dependent claims add numeric and formulation constraints, tightening certainty and reducing interpretive risk:
From an infringement-risk perspective, any commercial or clinical protocol that hits the numeric range and binds to the wound indication and route is closer to literal infringement. What wound types are explicitly claimed?
What dosage range does the patent claim?Dependent Claims 5-7 set the numeric boundaries:
These “about” qualifiers typically preserve some tolerance around the stated values. The enforceable scope expands with any practice that falls inside the “about” region for these exemplars, and at least partially inside the “about 1-100 mg/day” band for Claim 5. How do the dosage form and release-rate limitations work?Dependent Claims 8-10 split dosage form variants:
If an accused regimen uses sustained-release delivery, Claim 10 is directly implicated if all other elements are met (wound type and route and therapeutically effective dosing). Solid and liquid variants create additional independent claim hooks against formulation-specific competition. What formulations and product types are captured by the claims of US 6,576,659?This patent is not limited to a single pharmaceutical form of oxandrolone; the claim set explicitly supports multiple presentation types. Does the patent require a specific oxandrolone formulation?No single formulation is required in Claim 1. However, dependent claims create different “product posture” hooks:
Practically, that means a formulation design-around that only changes the physical form (solid vs liquid vs sustained release) may still fall within the patent, unless it moves entirely outside the constrained categories or outside route and dosing ranges. Oral versus topical formulation exposureBecause Claim 1 includes both oral and topical administration, competitors face exposure on two fronts:
What is the role of “sustained-release” in claim strength?“Sustained-release” is often interpreted as a structural/functional delivery profile rather than a marketing label. Claim 10 gives the patent a path to capture:
If a competitor shifts delivery away from sustained release to immediate release, it may weaken Claim 10 but does not avoid Claims 1-9 if sustained release is not required elsewhere. What is the scope of claim 12 “burn-induced weight loss” with oxandrolone plus protein supplement?Claim 12 is a distinct method-of-treatment branch that expands beyond wound healing to a burn-associated systemic outcome:
What elements are mandatory in claim 12?Compared with Claim 1, claim 12 introduces additional mandatory elements:
How does protein-supplement wording affect enforceability?The phrase “in conjunction with a protein supplement” is a combination limitation. In infringement analysis, that typically raises the evidentiary bar because an accused activity must show the protein supplement is part of the same therapeutic regimen used with oxandrolone for the burn-induced weight loss treatment. Does claim 12 restrict dosage and formulation like claim 1?Yes, dependent claims mirror Claim 1’s dependent structure:
So once the burn-induced weight loss + protein supplement step is satisfied, the numeric and dosage-form constraints become additional attack points and can narrow or widen infringement depending on the accused protocol. How many US patents likely cover these oxandrolone wound-use concepts, and where does 6,576,659 sit?Only one patent number is provided (US 6,576,659) and no Orange Book, prosecution history, or family data were provided. With that constraint, a complete cross-patent count across the entire oxandrolone wound-use space cannot be produced without risking factual error. What can be stated strictly from the claim set provided:
How does US 6,576,659 compare with typical oxandrolone IP patterns (composition vs method, route, dosing, and indication)?Within anabolic-androgenic steroid IP landscapes, two common claim archetypes appear:
US 6,576,659 is squarely in category 2 and is designed to catch:
Because method claims are indication- and regimen-dependent, the enforceability focus is the intersection of:
When does US 6,576,659 lose exclusivity, and what timeline matters for generic entry?No patent filing date, issue date, expiration schedule, term adjustments, or terminal disclaimers were provided. Without that data, any exclusivity timeline or generic entry projection would risk being wrong. What patent litigation risks exist for oxandrolone wound methods under US 6,576,659?No litigation docket, settlement agreement, or Paragraph IV history is provided. A litigation posture analysis cannot be generated reliably from the claim text alone. What is the Orange Book status of oxandrolone for wound indications under US 6,576,659?Orange Book status requires linkages between this patent and a specific FDA-approved drug product and NDA/ANDA listing. No Orange Book listing details were provided, so an accurate mapping cannot be produced. What generic entry risks exist if oxandrolone is used off-label for skin wound indications?Method patents often face a practical reality: enforcement typically depends on the accused activity aligning with the claimed method elements. Based solely on the claim structure:
A design-around that changes only formulation may not eliminate claim coverage because the claims already encompass solid, liquid, and sustained-release categories. Jurisdictional scope: is US 6,576,659 limited to US conduct?A US patent enforces against US acts of infringement and offers leverage tied to US regulatory conduct. Cross-border protection depends on foreign family members, which were not provided, so an international landscape cannot be stated here. Commercial exposure: which oxandrolone use cases map most directly to US 6,576,659?Direct mapping to the claim set is straightforward:
Key takeaways
FAQs
ReferencesNo external sources were used because only the claim text and a single US patent number were provided. More… ↓ |
Drugs Protected by US Patent 6,576,659
| 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 |
