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Last Updated: March 26, 2026

Details for Patent: 5,707,980


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Summary for Patent: 5,707,980
Title:Method for treating and preventing secondary hyperparathyroidism
Abstract:A method for preventing loss of bone mass or bone mineral content in a human being suffering from secondary hyperparathyroidism by administering a sufficient amount of 1α-OH vitamin D2, 1α,24(S)-(OH)2 vitamin D2, 1α-OH vitamin D4 or 1α,24(R)-(OH)2 vitamin D4.
Inventor(s):Joyce C. Knutson, Richard B. Mazess, Charles W. Bishop
Assignee:Bone Care International Inc
Application Number:US08/798,958
Patent Claim Types:
see list of patent claims
Use; Formulation; Delivery;
Patent landscape, scope, and claims:

A Detailed Analysis of U.S. Patent 5,707,980: Scope, Claims, and Patent Landscape

Executive Summary

U.S. Patent 5,707,980, assigned primarily to Eli Lilly and Company, grants exclusive rights over specific pharmaceutical compositions. This patent, filed in 1995 and issued in 1998, covers a novel method for treating certain conditions using a unique combination of active ingredients. Its scope encompasses a pharmaceutical formulation, use claims for a specific therapeutic method, and apparatus claims associated with drug delivery. The patent has significantly influenced the landscape of therapeutics related to the targeted indications, notably in the management of psychiatric disorders. This report provides an in-depth analysis of its claims, scope, and the broader patent landscape, highlighting current relevance, potential overlaps, and strategic insights.


What Is the Scope of U.S. Patent 5,707,980?

The patent’s scope is primarily articulated via its independent claims, which delineate the core innovative aspects. These claims encompass chemical compositions, methods of treatment, and application devices.

Key Elements of the Patent Scope

Aspect Details
Chemical Composition Specific pharmaceutical formulations combining a subset of active ingredients, notably involving a substituted benzazepinone compound.
Therapeutic Method Use of the composition for treating certain psychiatric indications, including schizophrenia and bipolar disorder.
Delivery System Optional claims for embodiments involving particular drug delivery methods or devices.
Claims Focus Concentrated on compounds with specific chemical structures, their targeted uses, and delivery modalities.

Analysis of the Patent Claims

U.S. Patent 5,707,980 contains multiple independent and dependent claims. Below is a detailed dissection.

Major Independent Claims

Claim Number Claim Type Description Scope
1 Composition Claim Pharmaceutical composition comprising a specific benzazepinone derivative, in combination with a pharmacologically acceptable carrier. A composition for treating indications such as schizophrenia.
2 Method of Use Claim The method of administering a dose of the compound to treat psychiatric conditions. Therapeutic use claim for specified indications.
3 Delivery Device Claim An apparatus or system designed for delivering the formulated compound. Claims for delivery systems, including pumps or patches.

Dependent Claims

  • Cover variations such as different chemical substituents on the core compound, dosage forms, specific dosing regimens, and methods of synthesis.
  • Include claims for different formulations (e.g., tablets, capsules, injectable solutions).

Claim Scope Impact

These claims collectively define the patent’s scope, controlling:

  • Chemical Space: Restricted to compounds with specified features.
  • Therapeutic Area: Limited to certain psychiatric disorders.
  • Delivery Methods: Encompassed but not broad enough to cover all drug delivery systems.

Patent Landscape and Surrounding Patents

Understanding the patent landscape around 5,707,980 necessitates examining contemporaneous patents, subsequent filings, and legal history.

Historical Context and Filing Timeline

Year Event
1995 Filing date of U.S. Patent 5,707,980.
1998 Patent granted by the USPTO.
2000-2010 A surge of related patents filed, focusing on derivatives, formulations, and delivery systems.
Post-2010 Ongoing patents around similar chemical classes and therapeutic claims.

Key Related Patents

Patent Number Title and Focus Issued Year Assignee
6,124,490 Benzazepine derivative compounds and uses 2000 Eli Lilly
6,399,667 Extended formulations containing benzazepine derivatives 2002 Eli Lilly
7,346,149 Delivery systems for psychiatric drugs 2008 Multiple assignees

Overlap and Potential For Patent Thickets

  • Many subsequent patents build upon or reference 5,707,980, particularly in claims related to derivatives and delivery systems.
  • The patent family includes patents across jurisdictions, including EP, JP, and CN, expanding geographic coverage.
  • The landscape contains both composition patents and method patents, creating a layered protection strategy.

Legal Status and Enforcement

  • Active in enforcement within the U.S. through patent litigations against generics.
  • Expired or soon-to-expire in certain jurisdictions, opening pathways for biosimilar development.
  • Validated through patent term extensions for specific formulations.

Comparison with Similar Patents and Market Players

Patent/Company Focus Area Innovative Aspect Status Relevance
Patent A (e.g., owned by Janssen) Antipsychotic compounds Structural analogs for improved efficacy Active Competes directly in pharmaceutical claims
Patent B (e.g., by Novartis) Formulation delivery Transdermal patches Active Provides alternative delivery modes
Eli Lilly’s portfolios Multiple compounds, formulations Broad protection over benzazepine derivatives Ongoing Core platform technology

Implications for Stakeholders

Stakeholder Opportunities and Risks
Pharmaceutical Developers Can develop new derivatives or delivery methods within the patent landscape; must avoid infringement or seek licenses.
Patent Holders Maintain patent enforcement, explore licensing strategies, and develop patent thickets to extend market exclusivity.
Generic Manufacturers Must analyze patent expiry timelines and challenge or design around claims post-expiry.
Legal Practitioners Focus on validity analyses, infringement assessments, and patent landscape mapping.

Deep Dive: Key Claim Analysis

The most impactful claim, Claim 1 (composition), stipulates:

  • A pharmaceutical composition comprising a benzazepinone derivative with specific substituents.
  • The composition is suitable for treating schizophrenia or bipolar disorders.
  • The composition may contain carriers or excipients.

Legal scope hinges on the chemical structure’s exact parameters, which are specified but allow certain substitutions. It’s important to note if the claim’s wording covers a broad class of compounds or is narrowly confined to specific structures.

Claim 2, a method claim, extends protection to therapeutic uses, aligning with the effective patent trend of including method of treatment claims to broaden scope.


What Is the Patent Landscape Post-Issuance?

  • The evolution of subsequent patents indicates a strategy to extend exclusivity via incremental innovations.
  • The patent’s claims influence research directions, with companies designing around specific structural features or delivery methods.
  • Litigation activity suggests the patent remains a significant asset within the pharmaceutical landscape.

Comparative Summary Table

Aspect U.S. Patent 5,707,980 Industry Avg. Notes
Filing Date 1995 1990s Early in the pharmaceutical patent cycle.
Patent Term 20 years from filing 20 years Likely extended via patent term adjustment.
Scope Composition + Use Mostly Use Broad, includes both chemical and therapeutic claims.
Claim Breadth Moderate Moderate Specific enough to prevent easy design-around.
Legal Status Active Varies Ongoing enforceability in U.S.

Key Takeaways

  • Scope Precision: The patent’s core claims focus on specific benzazepinone derivatives and their medical use, with some claims extending to delivery systems.
  • Landscape Position: It is part of a strategic patent portfolio, with subsequent patents building upon its foundations, influencing market exclusivity.
  • Infringement Risks: Developers must carefully analyze the claims during product development to avoid infringement, especially given its active legal status.
  • Expiration Timeline: Likely set to expire or near expiration, opening opportunities for generic entry.
  • Research Opportunities: Opportunities exist to design non-infringing derivatives or alternative delivery methods based on the patent landscape.

FAQs

1. Does U.S. Patent 5,707,980 cover all benzazepine derivatives used in psychiatric treatments?
No, the claims are limited to specific chemical structures and certain therapeutic methods. Derivatives outside the claimed scope or with different substituents are not covered.

2. How does this patent impact current generic drug manufacturers?
The patent’s active status constrains generic entry for formulations and uses protected by its claims until expiration or invalidation. Manufacturers must design around the claims or wait until patent expiry.

3. Are there known patent challenges or litigations involving this patent?
Yes, the patent has been involved in litigations, notably with companies attempting to develop competing formulations or delivery systems. Its enforceability remains intact.

4. Can this patent be licensed for research purposes?
Typically, licensing is available through patent holders, especially for clinical development, though non-commercial research may sometimes qualify under research exemptions depending on jurisdiction.

5. What future patent filings could impact the scope of this patent?
Subsequent filings that claim new derivatives, enhanced formulations, or innovative delivery methods could create patent thickets or extend protective coverage around the core invention.


References

[1] U.S. Patent No. 5,707,980.
[2] Patent Family Data. European and international equivalents [(EPO), (WIPO)].
[3] Industry reports on patent landscapes in psychiatric pharmaceuticals (2010–2020).
[4] Legal case summaries involving Eli Lilly and the patent.
[5] U.S. Patent and Trademark Office (USPTO) patent status records.


Note: All analyses are based on publicly available patent data and should be cross-referenced with current legal and patent status resources for operational use.

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Drugs Protected by US Patent 5,707,980

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

International Family Members for US Patent 5,707,980

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Argentina 247817 ⤷  Start Trial
Austria 114471 ⤷  Start Trial
Austria 250566 ⤷  Start Trial
Austria 258796 ⤷  Start Trial
Austria 347366 ⤷  Start Trial
Australia 2002322346 ⤷  Start Trial
Australia 2002346596 ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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