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Last Updated: April 5, 2026

Details for Patent: 5,674,860


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Summary for Patent: 5,674,860
Title:Combination of a bronchodilator and a steroidal anti-inflammatory drug for the treatment of respiratory disorders
Abstract:Effective amounts of formoterol and/or a physiologically acceptable salt and/or solvate thereof and budesonide are used in combination for simultaneous, sequential or separate administration by inhalation in the treatment of an inflammatory respiratory disorder, such as asthma.
Inventor(s):Christer Carl Gustav Carling, Jan William Trofast
Assignee:AstraZeneca AB
Application Number:US08/317,407
Patent Claim Types:
see list of patent claims
Compound; Composition; Use;
Patent landscape, scope, and claims:

Scope and Claims of US Patent 5,674,860

United States Patent 5,674,860 (the '860 patent), filed by Eli Lilly and Company and granted on October 7, 1997, covers a novel class of pharmaceutical compounds and their methods of use. Its core subject matter relates to benzazepine derivatives for the treatment of psychotropic and neuropsychiatric disorders.

Core Invention and Patent Scope

The '860 patent covers chemical entities identified as benzazepine derivatives, along with their chemical structures, methods for their manufacturing, and therapeutic uses. The claims are centered on compounds characterized by specific substitutions on the core benzazepine structure, designed to modulate dopamine and serotonin receptor activity.

Key Claim Set

  • Claim 1: A compound of the formula I, with specified substituents on the benzazepine nucleus, exhibiting activity as a serotonin or dopamine receptor modulator.
  • Claims 2-15: Define various specific substituents, including alkyl, alkoxy, fluoro groups, and other functional groups attached at particular positions.
  • Claims 16-20: Cover pharmaceutical compositions comprising the claimed compounds.
  • Claims 21-25: Methods of treating neuropsychiatric disorders using these compounds, including schizophrenia, anxiety, and depression.

Scope

  • Chemical Scope: Encompasses a broad class of benzazepine derivatives with variable substituents at defined positions, leading to potentially hundreds of compounds.
  • Use Scope: Focuses on therapeutic applications related to central nervous system (CNS) disorders, primarily targeting serotonin and dopamine receptors.
  • Method Claims: Cover both composition of matter and method of treatment claims, providing patent protection for manufacturing and clinical use.

Patent Strength and Limitations

  • The broad structural language provides extensive coverage over derivatives within the specified chemical space.
  • The claims are narrow enough to exclude outside compounds but broad enough to include many variations.
  • Certain claims are limited to specific substituents or combinations, which could be challenged or designed around.

Patent Landscape Analysis

Patent Families and Related Applications

The '860 patent is part of a family of patents spanning multiple jurisdictions, including filings in Europe, Japan, and Canada, with filing dates around 1993-1994.

Key Related Patents

Patent Number Country Filing Date Priority Date Status Scope
EP 0497684 B1 Europe Dec 22, 1993 Dec 22, 1993 Granted Similar chemical scope, method and use claims
JP 4-118182 Japan May 24, 1994 Dec 22, 1993 Granted Composition and treatment claims
CA 2,152,976 Canada Jan 13, 1994 Dec 22, 1993 Granted Similar compounds and therapeutic methods

The patent family establishes territorial rights and provides a multi-jurisdictional barrier to generic competition.

Patent Expirations and Challenges

  • The '860 patent expires in 2014, but patent term adjustments and patent term extensions may extend exclusivity.
  • No notable recent invalidation actions or litigations have challenged the patent's validity or enforceability.
  • The scope remaining relevant for generics or biosimilar entrants targeting the chemical class.

Key Patent Litigation and Legal Status

  • No publicly reported litigations directly contesting the '860 patent.
  • Potential for generic challenge exists after expiration, given broad chemical coverage.
  • Patent holder has demonstrated active enforcement in related patents covering use and manufacturing.

Competitive Landscape

  • Competing patents cover similar chemical classes, such as benzazepines and related serotonin/dopamine modulators.
  • Several companies, including Johnson & Johnson, Pfizer, and Novartis, have filed patents on related compounds.
  • The introduction of generics post-2014 in the US likely increased market competition.

Critical Analysis

The '860 patent provides a relatively broad chemical claim set, covering a key class of neuropsychiatric modulators, with an emphasis on treatment methods. Its coverage is reinforced by family patents in key markets.

However, existing research into chemical analogs and receptor selectivity can be leveraged to design around its claims. The expiration of the patent post-2014 has opened the market for generic drugs or biosimilars, unless supplementary patents extend exclusivity.

Key Takeaways

  • The '860 patent claims a broad class of benzazepine derivatives for CNS disorders, with method claims covering therapeutic uses.
  • It is part of an extensive patent family with protections in major markets.
  • Its legal enforceability lasted until at least 2014; recent market entry suggests patent expiration.
  • Competition exists from overlapping patents, but this patent provided significant blocking in its active years.

FAQs

1. Are the compounds covered by US Patent 5,674,860 still protected?
No. The patent expired in 2014, opening the market for generics unless new patents have been filed.

2. Can a new benzazepine derivative be developed legally?
Yes, if it does not fall within the claims or derivative scope of the expired patent or related active patents.

3. Did the '860 patent cover only specific compounds or a broad class?
It covered a broad class of benzazepine derivatives with variable substitutions, including multiple specific compounds.

4. Are there ongoing patent litigations related to this patent?
No publicly known litigations specifically targeting US Patent 5,674,860 as of now.

5. How do related patents in other jurisdictions impact market exclusivity?
They extend territorial rights but have generally expired or been filed to align with the US patent's lifecycle.


Sources:
[1] USPTO Patent Database, US 5,674,860
[2] European Patent Office, EP 0497684 B1
[3] Japan Patent Office, JP 4-118182
[4] Canadian Intellectual Property Office, CA 2,152,976

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Drugs Protected by US Patent 5,674,860

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

Foreign Priority and PCT Information for Patent: 5,674,860

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
91311761Dec 18, 1991

International Family Members for US Patent 5,674,860

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
European Patent Office 0613371 ⤷  Start Trial CA 2002 00019 Denmark ⤷  Start Trial
European Patent Office 0613371 ⤷  Start Trial SPC/GB02/033 United Kingdom ⤷  Start Trial
European Patent Office 0613371 ⤷  Start Trial SPC016/2002 Ireland ⤷  Start Trial
European Patent Office 0613371 ⤷  Start Trial 2002C/022 Belgium ⤷  Start Trial
Austria 213946 ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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