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Patent: 6,974,833
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Summary for Patent: 6,974,833
| Title: | Synergistic compositions comprising ascobate and lysine for states related to extra cellular matrix degeneration | ||||||||||||||||||||||||||||||||
| Abstract: | Methods for the treatment of diseases or pathological states related to the degradation of the extracellular matrix, such as degenerative diseases atheriosclerosis, cancer, infection or other inflammatory diseases are disclosed, comprising administering compositions of lysine, proline, ascorbate, and their derivatives and synthetic analogues and vitamins, pro-vitamins and trace elements. | ||||||||||||||||||||||||||||||||
| Inventor(s): | Rath; Matthias (Cupertino, CA) | ||||||||||||||||||||||||||||||||
| Application Number: | 09/761,395 | ||||||||||||||||||||||||||||||||
| Patent Claims: | see list of patent claims | ||||||||||||||||||||||||||||||||
| Patent landscape, scope, and claims summary: | Comprehensive Patent Landscape Analysis of US Patent 6,974,833 (Collagenase-Linked Degenerative Disease, Collagen Synthesis Activators + Fibrinolytic Inhibitors + Antioxidants) US 6,974,833 claims a combination-therapy method for collagenase-linked degenerative disease using (i) collagen synthesis activators from a narrow two-member list, (ii) fibrinolytic inhibitors from an enumerated list, (iii) antioxidants from an enumerated list, and (iv) a pharmaceutically acceptable carrier. Claim 2 limits administration to oral or parenteral routes. The scope is defined by ingredient-class selections from these specific lists and by functional language requiring coordinated inhibition of extracellular matrix degradation and stimulation of collagen synthesis. What patents protect treatment of collagenase-linked degenerative diseases using collagen synthesis activators, fibrinolytic inhibitors, and antioxidants?Direct claim coverage (US 6,974,833): A method-of-treatment claim (not a composition product claim) requiring a therapeutic regimen that administers a composition containing the three ingredient categories selected from the specified lists. What are the claim-critical ingredients and where is the scope anchored?US 6,974,833 claim 1 is anchored on a four-part compositional requirement. The legal “handle” for infringement and validity is the matching of ingredient selection sets. (i) Collagen synthesis activator (select from exactly these options)
(ii) Fibrinolytic inhibitor (select from enumerated options)
(iii) Antioxidant (select from enumerated options)
(iv) Pharmaceutically acceptable carrier (standard) Functional requirement: “wherein the i)-iv) ingredients of the composition function to inhibit extracellular matrix degradation and stimulate collagen synthesis so as to treat the collagenase-linked degenerative disease.” How broad is “collagenase-linked degenerative disease” in US 6,974,833?The claim text uses a disease-structure descriptor rather than a single named indication. That expands theory-of-use coverage beyond any single labeled condition, so long as the asserted disease is “collagenase-linked” and the claimed physiological mechanism is met. In litigation, this type of phrasing typically shifts disputes toward:
Are there likely dependent claims beyond claim 2?The user-provided claims only include claims 1 and 2. Patent scope analysis for additional claim sets is impossible without the full claim listing. On the information available, claim 2 is the only additional narrowing specified. Does the claim cover monotherapy with partial ingredient sets?No. Claim 1 requires a composition “comprising” all four categories: (i) collagen synthesis activator, (ii) fibrinolytic inhibitor, (iii) antioxidant, and (iv) carrier. Even if a product omits one ingredient category, it fails the literal multi-category requirement. Does “comprising” create non-limiting flexibility for additional ingredients?Yes. “Comprising” typically allows additional ingredients beyond the enumerated sets, as long as the required categories are present. That affects design-around and enforcement because accused products can add co-actives, excipients, and adjuncts while still infringing if the required selected ingredients are present. When does US 6,974,833 lose exclusivity for generic entry or biosimilar-style competition?Answer: US 6,974,833 is a utility patent with a fixed statutory term measured from its earliest effective non-provisional filing date, subject to adjustments and extensions. With only the patent number and claim text provided, the actual expiration date (including USPTO patent term adjustment) cannot be computed or confirmed reliably here. What can be stated from the claim content itself:
What is the Orange Book status of products that practice the method claimed in US 6,974,833?No Orange Book status can be asserted from the supplied material. Orange Book listing is tied to approved drug applications and associated patents, which requires application identifiers and mapping to listed patents. How strong is the patent estate for US 6,974,833 given the ingredient lists are narrow but functional limitations are litigable?Strength factors (what improves enforceability)
Weakness factors (what creates invalidity and non-infringement pathways)
What prior art would likely be used to challenge claims 1–2 of US 6,974,833?Without the full specification and prosecution history, only a structured “attack map” is possible. Obviousness attack map likely to be appliedA typical obviousness framework would combine:
The factual pivot would be whether the combination of exactly the enumerated collagen synthesis activators with exactly the enumerated fibrinolytic inhibitors and exactly the enumerated antioxidants was:
Non-infringement attack map likely to be appliedTo avoid claim 1, an accused regimen would target at least one element:
For claim 2 specifically:
How does US 6,974,833 compare with competing patent estates in degenerative collagen diseases?A direct comparison requires the identities of contemporaneous patents covering:
No such comparative patent set can be generated without additional bibliographic data (applicant/assignee, priority filings, family members, related continuations, and cited references). Those items are not included in the prompt. What patent litigation affects US 6,974,833 and enforcement likelihood?No litigation docket, settlements, or court outcomes can be identified from the supplied information. Patent enforcement likelihood in practice depends heavily on:
Those determinants cannot be mapped without the prosecution history and any known enforcement record. What generic entry risks exist for US 6,974,833?For generic drug companiesThe key risk is that a generic marketer could be sued for practicing the method if:
However, if generics market only the ingredients without coordinated method evidence, the enforceability becomes more dependent on induced infringement theories and evidence of intended use. For prescribers and clinical practiceIf prescribing patterns shift away from the combination regimen or away from the enumerated ingredient sets, practical risk decreases. A strong defense is that the accused regimen differs by ingredient substitution outside the enumerated lists. Which jurisdictions does US 6,974,833 likely cover, and how might that affect global commercialization?The patent number given is US-specific. International coverage cannot be inferred from the number alone. Claim chart style breakdown: where infringement is likely to turn
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Details for Patent 6,974,833
| Applicant | Tradename | Biologic Ingredient | Dosage Form | BLA | Approval Date | Patent No. | Expiredate |
|---|---|---|---|---|---|---|---|
| Smith & Nephew, Inc. | SANTYL | collagenase | Ointment | 101995 | June 04, 1965 | 6,974,833 | 2021-01-16 |
| >Applicant | >Tradename | >Biologic Ingredient | >Dosage Form | >BLA | >Approval Date | >Patent No. | >Expiredate |
