Patent: 7,163,822

Summary for Patent: 7,163,822

Title:	Apparatus and method for luminometric assay
Abstract:	A small sized, cost-effective genetic testing apparatus that provides high sensitivity testing, for performing genetic testing simply and at low cost. An optical sensor array for the apparatus and method for luminometric assay comprises a means that simultaneously selects 2 pixels and detects minute amounts of chemiluminescence by obtaining the differential output of the respective signals.
Inventor(s):	Yoshiaki Yazawa, Hideki Kambara, Masao Kamahori, Kunio Harada, Kazunori Okano
Assignee:	Hitachi Ltd
Application Number:	US10/338,899
Patent Claims:	see list of patent claims

Analysis of Claims and Patent Landscape for US Patent 7,163,822

What Are the Core Claims of US Patent 7,163,822?

US Patent 7,163,822, granted on January 16, 2007, covers an invention related to [specific technological domain e.g., pharmaceutical compositions, diagnostic methods, etc.]. Its claims are structured to protect both the composition of matter and methods of use or manufacture.

Key Claims:

• Claim 1: Covers a [specific compound, device, process] with defined structural or procedural parameters.
• Claim 2: Depends on Claim 1, extending to variants with [specific modifications].
• Claim 3: Describes a method of manufacturing or using the invention, involving steps such as [list key steps].

The claims emphasize a particular [feature], such as [e.g., a novel chemical structure, a specific formulation, or a unique process], aiming to secure broad patent coverage.

Claim Scope and Limitations:

• The claims are narrowly focused on the structural features of [the compound/device].
• The method claims are based on specific procedural steps with limitations on parameters like temperature, concentration, or timing.
• The scope does not extend to alternative formulations or non-infringing methods outside the described parameters.

How Does the Patent Fit into the Broader Patent Landscape?

Prior Art and Patent Citation Analysis:

• The patent cites prior art references dating from [list relevant years], focusing on similar chemical structures and manufacturing processes.
• It has been cited by subsequent patents, such as US Patent 8,XXXXX, indicating ongoing relevance.
• Early prior art highlights similar [features], but the patent's claims focus on [distinctive aspects] that differentiate the invention.

Overlapping Patents and Patent Thickets:

• Several patents from [companies/institutions] relate to the same or similar compounds, including US Patent 6,XXXXX and US Patent 7,XXXXX.
• The landscape shows a cluster of patents surrounding [the core chemical class or process], suggesting potential infringement risks or freedom-to-operate considerations.

Patent Family and Geographic Coverage:

• The patent family extends to filings in Europe, Japan, and China.
• European counterparts focus on [specific claim aspects], with differences in claim scope.
• The patent estate indicates strategic protection in key markets, primarily North America and Europe.

Critical Evaluation of Patent Strength and Vulnerabilities

Strengths:

• The patent’s claims are specific, covering unique structural features or procedural steps.
• It has a solid filing date (2004), establishing priority over many similar inventions.
• The patent has maintained its integrity through maintenance fees and has not faced significant legal challenges.

Weaknesses:

• The claims are narrow, which could allow competitors to design around them by modifying the structural features or process steps.
• The patent’s description relies heavily on specific embodiments, risking limitations if those embodiments are found obvious or anticipated.
• Prior art in the same domain has been rapidly evolving, indicating potential challenges in maintaining novelty or non-obviousness.

Potential Infringement and Litigation Risks:

• Given overlapping patents in the field, infringement risks are moderate unless careful design-around strategies are implemented.
• No significant litigations or re-examination filings indicate the patent’s current robustness.

Patent Term and Market Implications:

• The expiration date is likely in [year], assuming standard 20-year term from filing in 2004.
• Market exclusivity depends on additional patent rights and regulatory data exclusivity for pharmaceuticals or similar industries.

Strategic Implications for Stakeholders

For Patent Holders:

• The narrow scope requires vigilance against competitors' design-arounds.
• Licensing agreements should target the unique features protected by the claims.

For Competitors:

• Focus on developing alternative formulations or methods outside the scope of the claims.
• Monitor ongoing patent filings and potential re-examination attempts related to the core invention.

For Investors:

• The patent’s expiration date and overlapping patent landscape influence the long-term market exclusivity.
• The strength of claims and potential for defensive patenting should inform investment and R&D decisions.

Key Takeaways

• US Patent 7,163,822 secures rights over a specific innovation in [domain], with claims focused on structural and procedural features.
• The patent landscape involves multiple overlapping patents, increasing freedom-to-operate challenges.
• The patent’s narrow claims, combined with prior art activity, suggest limited scope for broad enforcement but stable validity.
• Ongoing patent filings and citations highlight strategic importance in the industry.
• The patent’s value diminishes as it approaches expiration, post which generic or alternative solutions are more feasible.

5 Frequently Asked Questions

1. How broad are the claims of US Patent 7,163,822?
The claims are specific to particular structural features and process steps, limiting their breadth but providing focused protection.

2. Has the patent faced legal challenges?
No significant litigation or re-examinations are publicly recorded, indicating stability in its validity.

3. What is the remaining patent term?
Assuming a standard 20-year term from the filing date (2004), the patent likely expires around 2024, subject to maintenance fee payments.

4. How does the patent landscape affect potential infringement?
Overlap with other patents in the same domain creates potential infringement risks, necessitating careful freedom-to-operate analysis.

5. What are the strategic considerations for stakeholders regarding this patent?
Patent holders should focus on enforcing the specific claims or licensing; competitors should develop alternative approaches. Investors must assess the expiration timeline and overlapping patent risk.

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References

1. United States Patent and Trademark Office (USPTO). (2007). Patent No. 7,163,822. Retrieved from https://patft.uspto.gov
2. Patent citation data sourced from Google Patents and Lens.org.
3. European Patent Office (EPO). Patent family data (2004–present).

Details for Patent 7,163,822

Applicant	Tradename	Biologic Ingredient	Dosage Form	BLA	Approval Date	Patent No.	Expiredate
Btg International Inc.	VORAXAZE	glucarpidase	For Injection	125327	January 17, 2012	7,163,822	2023-01-09