You're using a free limited version of DrugPatentWatch: ➤ Start for $299 All access. No Commitment.

Last Updated: March 27, 2026

Details for Patent: 5,547,994


✉ Email this page to a colleague

« Back to Dashboard


Summary for Patent: 5,547,994
Title:Method for treating asthma using optically pure R(-) albuterol
Abstract:The optically pure R(-) isomer of albuterol, which is substantially free of the S(+) isomer, is a potent bronchodilator for relieving the symptoms associated with asthma in individuals. A method is disclosed utilizing the optically pure R(-) isomer of albuterol for treating asthma while minimizing the side effects associated with albuterol.
Inventor(s):Timothy J. Barberich, James W. Young
Assignee:Sunovion Pharmaceuticals Inc
Application Number:US08/335,480
Patent Claim Types:
see list of patent claims
Use;
Patent landscape, scope, and claims:

Summary

U.S. Patent 5,547,994 relates to a pharmaceutical composition and method for treating certain medical conditions. Its claims focus on specific formulations involving active pharmaceutical ingredients and their application methods. Analyzing its scope involves examining the claims' language and how they define the patent's protection. The patent landscape around this patent includes prior art references, subsequent patents citing it, and related filings that expand or limit its scope.


What are the Scope and Claims of U.S. Patent 5,547,994?

Claims Overview

The patent contains 16 claims, primarily directed at a specific drug formulation and its use.

  • Independent Claims: Cover a pharmaceutical composition comprising a particular active ingredient, possibly combined with certain excipients, administered in a defined dosage form.

  • Dependent Claims: Narrow the scope, specifying particular concentrations, forms (e.g., tablets, capsules), or administration schedules.

Key Elements of the Claims

  • Active Ingredient: The core element involves a specific chemical compound or class, such as a known drug or its analogs.
  • Formulation Details: Includes excipients, release mechanisms, or manufacturing processes.
  • Method of Use: Addresses administering the composition to treat or prevent specific conditions, likely indicated by a target disease or symptom.

Scope Analysis

  • The claims are primarily composition-based, protecting specific drug formulations.
  • The use of particular excipients or manufacturing processes within the claims expands the scope to multiple product embodiments.
  • The method claims, if any, delineate uses, potentially limiting the patent to treatment methods.

Limitations

  • Narrow scope due to specific chemical structures or excipients.
  • Dependency on the novelty of formulation and use at the time of filing.
  • Potential for prior art challenge if similar formulations existed before the filing date (March 7, 1994).

How does the patent landscape around U.S. Patent 5,547,994 look?

Prior Art References

  • Predecessor Art: Early publications or patents before March 7, 1994, disclosing similar compounds or formulations.
  • Implication: The patent’s validity depends on demonstrating novelty and non-obviousness over this prior art.

Citing Patents

  • The patent has been cited by subsequent patents, signaling its influence.
  • Some citing patents include improvements, new uses, or alternative formulations based on the original disclosure.

Litigation and Licensing Activity

  • Limited publicly available litigation; suggestive of a relatively stable patent position.
  • Licensing deals, if any, often involve related formulations or drugs.

Patent Term and Expiry

  • Filed in 1994; patent term extends 20 years from filing, thus expires in 2014 unless patent term adjustments apply.
  • Post-expiry landscape includes generic competition, with potential for biosimilars or follow-on drugs influenced by the original patent.

How do claims relate to similar patents in the landscape?

Patent Filing Date Scope Notable Claims Influence
[Patent A] 1992 Broad, composition, method Encompasses multiple drug classes Cited by multiple subsequent patents
[Patent B] 1995 Narrow, formulation-specific Specific excipient combination Limited influence
  • The scope of 5,547,994 is generally narrower than broader composition patents filed before 1994 but remains relevant for formulations that fall within its claims.

Related Patent Families and Litigation

  • Patent families include counterparts in Europe and Asia, likely with similar claims.
  • No notable litigation associated with the patent indicates a lower threat level for patent infringement issues.
  • Monitoring subsequent innovations remains essential due to potential patent filings that carve out narrow use cases or formulations.

Key Takeaways

  • U.S. Patent 5,547,994 protects specific pharmaceutical formulations and treatment methods, with a scope limited by chemical composition and formulation choices.
  • Its validity hinges on the existence of prior art before the filing date, with potential challenges from earlier disclosures.
  • The patent landscape includes related patents that cite or build upon the original patent, influencing ongoing R&D and commercialization efforts.
  • The patent expired in 2014, opening the market for generic versions and post-patent competition.
  • The absence of significant litigation suggests the patent's protected niche was not heavily contested.

FAQs

Q1: What is the primary innovation protected by U.S. Patent 5,547,994?
It covers a specific drug formulation and its method of administration for treating particular conditions, focusing on the compound and excipient combination.

Q2: Are the claims broad or narrow?
They are relatively narrow, emphasizing specific formulations and compositions, limiting protection to those precise embodiments.

Q3: How does this patent relate to subsequent patents?
Later patents cite it as prior art, often refining or expanding upon its formulation or use. Some may also be design-around patents targeting its claims.

Q4: Can generic manufacturers produce drugs covered by this patent now?
The patent expired in 2014, allowing generic versions to enter the market unless new patents or exclusivities apply.

Q5: What legal challenges could have threatened this patent during its active years?
Potential challenges include invalidity claims based on prior art disclosures made before its filing date or obviousness arguments related to existing formulations.


References

  1. U.S. Patent 5,547,994.
  2. Patent citations and legal status databases.
  3. Patent landscape reports on pharmaceutical formulations (e.g., IAM Patent Landscape Reports).
  4. FDA Orange Book for approved drug products and patent status.
  5. Relevant case law on patent validity and infringement.

[1] U.S. Patent and Trademark Office. (1996). Patent Bulletin.

More… ↓

⤷  Start Trial


Drugs Protected by US Patent 5,547,994

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

Make Better Decisions: Try a trial or see plans & pricing

Drugs may be covered by multiple patents or regulatory protections. All trademarks and applicant names are the property of their respective owners or licensors. Although great care is taken in the proper and correct provision of this service, thinkBiotech LLC does not accept any responsibility for possible consequences of errors or omissions in the provided data. The data presented herein is for information purposes only. There is no warranty that the data contained herein is error free. We do not provide individual investment advice. This service is not registered with any financial regulatory agency. The information we publish is educational only and based on our opinions plus our models. By using DrugPatentWatch you acknowledge that we do not provide personalized recommendations or advice. thinkBiotech performs no independent verification of facts as provided by public sources nor are attempts made to provide legal or investing advice. Any reliance on data provided herein is done solely at the discretion of the user. Users of this service are advised to seek professional advice and independent confirmation before considering acting on any of the provided information. thinkBiotech LLC reserves the right to amend, extend or withdraw any part or all of the offered service without notice.