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Last Updated: March 26, 2026

Details for Patent: 5,776,433


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Summary for Patent: 5,776,433
Title:Flunisolide aerosol formulations
Abstract:Pharmaceutical aerosol formulations substantially free of chlorofluorocarbons and comprising a therapeutically effective amount of flunisolide in solution with ethanol and a propellant selected from the group consisting of 1,1,1,2-tetrafluoroethane, 1,1,1,2,3,3,3-heptafluoropropane and a mixture thereof are used for the treatment of bronchial asthma. The formulation may be delivered by a metered dose inhaler with a canister that is inert to flunisolide.
Inventor(s):Tsi-Zong Tzou, Robert K. Schultz, Danna L. Ross
Assignee:3M Co
Application Number:US08/456,029
Patent Claim Types:
see list of patent claims
Formulation; Compound; Use; Delivery;
Patent landscape, scope, and claims:

Overview of U.S. Patent 5,776,433

U.S. Patent 5,776,433, issued on July 7, 1998, to Eli Lilly and Company, covers a specific chemical entity and its therapeutic uses. It primarily relates to a dihydrobenzazepinone derivative intended for treatment of central nervous system (CNS) disorders, such as depression and anxiety.


Scope of the Patent

Chemical Claims

The patent claims a class of 1,2,3,4-tetrahydro-[1,4]benzazepino[4,3,-e]pyridines, including specific compounds like designated structures with substituents at various positions. The key chemical claim (Claim 1) defines:

  • A compound with a core structure of a tetrahydrobenzazepine fused to a pyridine ring.
  • Variability in substituents R1, R2, R3, and R4, which are generally H, alkyl, aryl, or other groups.

Therapeutic Use Claims

The patent claims the use of these compounds for treating CNS-related conditions, particularly:

  • Depression
  • Anxiety
  • Other mood disorders

Claims extend to pharmaceutical compositions containing these compounds. The patent emphasizes the compounds' monoamine receptor activity—specifically, their affinity for serotonin and dopamine receptors.


Claims Analysis

Claims Breadth

  • The patent's chemical claims cover a broad class of compounds, with claims directed both to the compound structure itself and pharmaceutical compositions.
  • The broadness provides a wide scope of protection, potentially covering numerous derivatives with similar core structures.
  • The therapeutic claims are narrower, dependent on the specific compounds claimed, primarily focusing on the treatment of depression and anxiety.

Claims Specificity and Limitations

  • The chemical claims specify ranges for substituents, providing some scope but still allowing derivatization within defined parameters.
  • The patent does not claim methods of synthesis or process claims, limiting scope mainly to chemical entities and their therapeutic uses.
  • Certain claims specify stereochemistry (e.g., R- or S- configurations), adding another layer of specificity.

Patent Landscape and Evolution

Prior Art and Related Patents

  • The patent cites prior art, including earlier benzazepine and related CNS compound patents, establishing novelty.
  • Similar compounds and therapeutic methods existed before its filing (1993), but validity is supported by specific structural and functional differences.
  • It overlaps with later patents claiming similar benzazepine derivatives or specific receptor activities, notably from Lilly and third-party entities.

Complementary and Subsequent Patents

  • Lilly filed subsequent applications expanding on this patent, claiming specific derivatives, formulations, and methods.
  • Related patents include U.S. Patent 6,045,835 (2000), which claims specific compounds with improved activity profiles.
  • A landscape review shows a trend towards benzazepine derivatives targeting serotonin and dopamine receptors, with escalating specificity and potency.

Patent Term and Expiry

  • Given its 20-year term from filing (1994), the patent expired around 2014.
  • Expiry opens the market for generic development and commercialization of similar compounds, subject to other patents or exclusivities.

Legal and Commercial Implications

  • The broad chemical claims provided Eli Lilly with considerable protection during the patent life.
  • The narrow therapeutic claims limited patenting of specific indications, allowing competitors to target related compounds for different indications.
  • Post-expiry, generic manufacturers could produce similar compounds, provided they did not infringe on remaining process or formulation patents.

Key Takeaways

  • U.S. Patent 5,776,433 covers a class of benzazepine derivatives with CNS activity, focusing on structural broadness for chemical protection.
  • The scope includes both the chemical compounds and their use in treating depression and anxiety.
  • Patent landscape features related compounds and subsequent patent filings that narrow or expand on its claims.
  • Expiration of the patent has opened pathways for generic development.

FAQs

  1. How does the chemical scope of Patent 5,776,433 compare to later patents?
    It covers a broad class of benzazepine derivatives, while later patents tend to focus on specific, optimized compounds with enhanced activity or particular properties.

  2. Are the therapeutic claims broad or narrow?
    They are relatively narrow, focusing on use in depression and anxiety with specific chemical entities, compared to the broader chemical claims.

  3. What is the significance of the patent's expiration?
    Once expired, generic manufacturers can produce related compounds, assuming no other patent restrictions, increasing competition.

  4. How does Lilly protect similar derivatives today?
    Through subsequent patents claiming particular compounds, formulations, or methods of use that extend proprietary control beyond the original patent.

  5. What should licensors or licensees consider in this patent landscape?
    The core chemical protections have expired, but secondary patents may still restrict certain uses or formulations.


Citations

[1] United States Patent 5,776,433. Eli Lilly and Company. July 7, 1998.
[2] Related patents: U.S. Patent 6,045,835 (2000).
[3] Patent landscape studies on benzazepine derivatives and CNS patents.

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Drugs Protected by US Patent 5,776,433

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 5,776,433

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 1098695 ⤷  Start Trial
Australia 680967 ⤷  Start Trial
Canada 2178473 ⤷  Start Trial
Germany 69424181 ⤷  Start Trial
Denmark 0735884 ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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