Last Updated: August 10, 2026

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)

  • ascorbyl ε-aminocaproate
  • ascorbyl aminomethylcyclohexane carboxylic acid

(ii) Fibrinolytic inhibitor (select from enumerated options)

  • ε-aminocaproic acid
  • tranexamic acid
  • p-aminomethylbenzoic acid
  • p-benzylamine sulfuric acid
  • α-N-acetyl-lysine-methyl ester
  • cis/trans-4-aminomethylcyclohexane carboxylic acid
  • trans-4-aminomethycyclohexane carboxylic acid
  • 4-aminomethyl-bicyclo-2,2.2-octane carboxylic acid
  • natural lysine and proline

(iii) Antioxidant (select from enumerated options)

  • tocopherol
  • carotene
  • N-acetyl cysteine
  • selenium
  • probucol

(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:

  • whether the accused condition has collagenase-linked extracellular matrix degradation,
  • whether the drug’s administered components are used in a way that targets that linkage, and
  • whether evidence supports the functional limitation.

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:

  • Any generic “method for treatment” would be constrained by whether it practices the claim steps with the required combination ingredients.
  • Even after expiration, if brand exclusivity depended on regulatory exclusivity (new chemical entity, new clinical investigations, 505(b)(1) exclusivity), that is separate from patent term. That cannot be tied to this patent number using only the provided inputs.

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)

  1. Specific ingredient enumerations. Claim 1 forces the presence of select members from each list. That reduces the risk of an “overbroad but vague” claim, and it helps tie infringement to chemical identity.
  2. Category-based architecture. The claim is modular: if an accused method uses a collagen synthesis activator outside the two specified options, it can avoid literal infringement (unless doctrine of equivalents applies and the patentee can prove equivalency).
  3. Method claim format. A method-of-treatment claim can deter off-label substitution if the accused prescriber uses the exact combination.

Weakness factors (what creates invalidity and non-infringement pathways)

  1. Functional limitation creates a requirement for mechanistic proof. “wherein the i)-iv) ingredients … function to inhibit extracellular matrix degradation and stimulate collagen synthesis” makes the claim susceptible to evidence-based challenges. Accused users can attempt to show:

    • their treatment does not functionally inhibit extracellular matrix degradation and does not stimulate collagen synthesis in the relevant way, or
    • the claimed functional linkage is not supported for the accused disease context.
  2. Overlapping known pharmacology. Each category contains established pharmacology that has been widely used in different contexts:

    • antifibrinolytics such as tranexamic acid and ε-aminocaproic acid,
    • antioxidants such as tocopherol, carotene, N-acetyl cysteine, selenium, probucol,
    • collagen synthesis stimulants such as ascorbyl derivatives (ascorbate-related compounds are standard in collagen biology).

    If prior art disclosed combination regimens using any of these categories for matrix remodeling, obviousness arguments can focus on:

    • routine combination of known collagen and matrix modulators,
    • predictable results in degenerative conditions, and
    • lack of unexpected synergy.
  3. Potential indefiniteness issues around “collagenase-linked.” While courts usually interpret such terms in light of the specification, the lack of provided specification text prevents a precise indefiniteness assessment. Still, the claim language can be attacked if “collagenase-linked” lacks a clear, objective clinical/biological definition.

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 applied

A typical obviousness framework would combine:

  • prior art on collagen synthesis enhancement using ascorbyl derivatives (ascorbate-related chemistry),
  • prior art on antifibrinolytics in tissue remodeling, inflammation, or bleeding-related contexts, and
  • prior art on antioxidants to modulate oxidative stress and extracellular matrix degradation.

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:

  • already disclosed as a regimen for “collagenase-linked degenerative disease,” or
  • would have been obvious with a reasonable expectation of success.

Non-infringement attack map likely to be applied

To avoid claim 1, an accused regimen would target at least one element:

  • use collagen synthesis activators other than the two enumerated ascorbyl derivatives,
  • use fibrinolytic inhibitors not in the listed set,
  • use antioxidants not in the enumerated set,
  • use a route not covered by claim 2 (but note claim 1 is not limited to oral/parenteral, so route avoidance only narrows claim 2).

For claim 2 specifically:

  • if a regimen is used in another route (eg, topical or inhaled), it may avoid literal infringement of claim 2 while still potentially infringing claim 1 if claim 1’s route is not restricted.

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:

  • ascorbyl ε-aminocaproate and/or ascorbyl aminomethylcyclohexane carboxylic acid,
  • antifibrinolytics paired with collagen stimulants and antioxidants,
  • and method-of-use claims for collagenase-linked degenerative disease.

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:

  • how the claim is construed in litigation,
  • whether the specification supports the functional limitation,
  • evidence of secondary considerations (if needed),
  • and whether there are design-around variants with different ingredient choices.

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 companies

The key risk is that a generic marketer could be sued for practicing the method if:

  • it sells a composition containing the required ingredient selections, and
  • it is used in a “method for treatment” that falls within claim 1’s disease descriptor and functional limitation.

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 practice

If 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

Claim element What it requires Literal infringement trigger Common design-around
Treatment of “collagenase-linked degenerative disease” Disease category must match claim descriptor Clinical/biological showing tied to claim’s collagenase linkage Use in a different disease context or argue non-qualifying mechanism
Administer therapeutic effective amount Dosage regimen for effective treatment Evidence of effective regimen Use different dosing or timing arguments
Collagen synthesis activator (i) ascorbyl ε-aminocaproate OR ascorbyl aminomethylcyclohexane carboxylic acid Presence of one of the two Use other collagen activators
Fibrinolytic inhibitor (ii) Must be one or more from listed set Presence of listed antifibrinolytic/related inhibitor Switch to non-enumerated agents
Antioxidant (iii) Must be one or more from listed set Presence of tocopherol/carotene/NAC/selenium/probucol Switch antioxidant
Carrier (iv) Any pharmaceutically acceptable carrier Standard formulation Unlikely route to avoid; carrier rarely the differentiator
Functional limitation Ingredients function to inhibit ECM degradation + stimulate collagen synthesis Mechanistic evidence tied to regimen and disease Challenge functional proof and disease linkage

Key takeaways

  • US 6,974,833 claim 1 covers a method for treating collagenase-linked degenerative disease by administering a composition that must include, in one regimen, (i) one of two specified collagen synthesis activators, (ii) one or more enumerated fibrinolytic inhibitors, and (iii) one or more enumerated antioxidants, plus a pharmaceutically acceptable carrier.
  • Claim 2 narrows only route to oral or parenteral. Claim 1 is not limited to route in the provided text, so route-based design-arounds are primarily relevant to claim 2, not claim 1.
  • Enforceability hinges on two litigation pressure points: matching the enumerated ingredient sets and proving the claimed functional mechanism (“inhibit extracellular matrix degradation and stimulate collagen synthesis”) in the context of the accused disease.

FAQs

  1. Does “comprising” in US 6,974,833 allow additional ingredients in the administered composition?
    Yes, the composition can include additional components beyond the listed categories without automatically avoiding infringement, provided it still includes at least one selected member from each required category (i)–(iii) plus a pharmaceutically acceptable carrier.

  2. Can an accused regimen avoid US 6,974,833 by substituting a different collagen activator?
    Yes, literal non-infringement is likely if the collagen synthesis activator is not one of the two enumerated options, assuming claim construction does not expand the term via equivalency.

  3. Is claim 2 the only claim that restricts administration route?
    Based on the provided claims, yes. Claim 2 explicitly limits oral or parenteral administration; claim 1 as provided does not.

  4. How does “collagenase-linked degenerative disease” affect infringement and validity arguments?
    It can shift disputes toward whether the treated condition is mechanistically linked to collagenase-driven extracellular matrix degradation and whether the regimen actually targets that linkage consistent with the functional limitation.

  5. What evidence is most critical for proving the functional limitation in claim 1?
    Mechanistic and clinical evidence showing that the administered combination inhibits extracellular matrix degradation and stimulates collagen synthesis in the relevant disease setting, as required by the claim language.

References

  1. US Patent 6,974,833. (Claims provided in prompt).

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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

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