Details for Patent: 5,807,825
Summary for Patent: 5,807,825
| Title: | Platelet aggregation inhibitors | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Abstract: | An assay for screening snake venom for the presence or absence of platelet aggregation inhibitors (PAIs) based on specific receptor binding is described. Using this assay, the identification and characterization of PAIs in a wide range of snake venom samples was accomplished. The isolated and purified PAI from several of these active snake venoms is described and characterized. In addition, PAIs lacking the Arg-Gly-Asp (RGD) adhesion sequence but containing K*-(G/Sar)-D wherein K* is a modified lysyl residue of the formulaR12N(CH2)4CHNHCO-wherein each R1 is independently H, alkyl(1-6C) or at most one R1 is R2-C=NR3 wherein R2 is H, alkyl(1-6C), phenyl or benzyl, or is NR42 in which each R4 is independently H or alkyl(1-6C) and R is H, alkyl(1-6C), phenyl or benzyl, or R2-C=NR3 is a radical selected from the group consisting of: | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Inventor(s): | Robert M. Scarborough, David Lawrence Wolf, Israel F. Charo | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Assignee: | COR Therapeutics Inc , Millennium Pharmaceuticals Inc | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Application Number: | US08/482,278 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Patent Claim Types: see list of patent claims | Use; Device; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Patent landscape, scope, and claims: | US Patent 5,807,825: Eptifibatide Claims, Patent Scope, Expiration, and Generic RiskUS Patent 5,807,825 covers methods using eptifibatide, the cyclic peptide platelet aggregation inhibitor marketed as Integrilin. Its claims are method-of-treatment claims directed to acute ischemic disorders, extracorporeal circulation, intravascular devices, and prevention of platelet aggregation or loss. The patent does not, based on the claims provided, independently claim eptifibatide as a chemical composition, a formulation, a manufacturing process, or a dosage regimen. The patent is expired. It therefore does not create a current US patent barrier to generic eptifibatide injection, although separate patents, regulatory exclusivities, manufacturing know-how, and FDA requirements can affect market entry. What drug does US Patent 5,807,825 protect?The claimed platelet aggregation inhibitor is eptifibatide, also known as Integrilin. The structural elements recited in independent claims 1, 13, and 15 identify the compound as a cyclic peptide containing:
The claimed active ingredient corresponds to eptifibatide, whose pharmacologic activity results from inhibition of platelet glycoprotein IIb/IIIa receptors. By blocking fibrinogen-mediated platelet cross-linking, eptifibatide inhibits platelet aggregation. The claims are narrower than a general claim to all glycoprotein IIb/IIIa inhibitors. They require the specific cyclic peptide identified by the residue sequence and disulfide arrangement. Core chemical identity
Claims 2, 14, and 16 further identify the inhibitor by the specific structural formula reproduced in the patent drawings. These dependent claims add little practical breadth because the structural limitations in the independent claims already identify eptifibatide with substantial specificity. How many independent claims does US Patent 5,807,825 have?The provided claim set contains three independent claims:
The remaining claims are dependent claims.
The patent has 24 claims in the supplied version:
What medical indications are covered by the patent?Claim 1 covers treatment or prevention of a “platelet associated ischemic disorder.” Claims 3 through 12 identify specific disorders and clinical settings.
The claims do not require a particular dose, route, concentration, duration, patient subgroup, biomarker, or combination therapy. A product or method using a different molecule would not fall within the literal scope merely because it treats the same disease. Claim construction issuesThe principal infringement questions would be:
The patent does not appear to claim every use of eptifibatide. It claims the use of eptifibatide in defined therapeutic and extracorporeal-circulation contexts. What extracorporeal uses are protected?Claims 13 through 24 extend beyond cardiovascular treatment. They cover eptifibatide use in blood-handling systems and devices where platelet activation, platelet consumption, or thrombus formation can occur.
These claims are method claims, not device claims. A dialysis machine, pump, catheter, or ventricular assist device is not itself claimed. The potential infringement theory would depend on use of the device or extracorporeal circuit with the specified eptifibatide treatment. Manufacturing and process implicationsThe supplied claims contain no manufacturing step. They do not cover:
A competitor could therefore avoid the claim set by manufacturing eptifibatide for an unclaimed purpose, although such a product could still face infringement allegations under a different patent or under induced-infringement theories if labeling promoted a covered use. When did US Patent 5,807,825 lose exclusivity?US Patent 5,807,825 issued on September 8, 1998. The patent is expired and cannot provide current enforceable US exclusivity. For a patent in this issuance and filing era, the applicable term depends on the relevant US filing date, priority chain, and any patent-term adjustment or extension. The patent's enforceable term ended years before 2025. No current commercial exclusivity should be attributed to US Patent 5,807,825.
Patent expiration does not eliminate historical liability for conduct occurring during the enforceable term. It also does not invalidate separate patents in the same eptifibatide portfolio. What is the Orange Book status of Integrilin and eptifibatide?Integrilin is the reference product associated with eptifibatide injection. The FDA-approved product is a small-molecule peptide drug supplied for intravenous use in acute coronary syndrome and percutaneous coronary intervention settings. The Orange Book framework is relevant to approved drug applications and listed patents, but it does not revive an expired patent. Any patent listing associated with Integrilin that corresponds to US Patent 5,807,825 would have no current blocking duration after expiration. Regulatory distinctionPatent protection and FDA exclusivity are separate rights:
Eptifibatide is not a biologic under the Public Health Service Act. Biosimilar litigation and the Purple Book pathway therefore do not apply. The relevant competitor pathway is an ANDA for a generic injectable product, not a 351(k) biosimilar application. Are there formulation patents for eptifibatide?The claims supplied for US Patent 5,807,825 do not cover a formulation. They cover administration or blood-contact methods using the specified peptide. Potentially separate formulation rights could address:
Those subjects must be analyzed separately from the claims of US Patent 5,807,825. A generic eptifibatide manufacturer would typically assess the full patent family, Orange Book listings, FDA labeling, product specifications, and any formulation or process patents before launch. Are method-of-use patents relevant to generic eptifibatide?Yes. US Patent 5,807,825 is principally a method-of-use patent. Its method claims target two commercial categories:
An ANDA applicant seeking approval for the same indications could face a Paragraph IV certification if a relevant unexpired method patent were listed in the Orange Book. Because US Patent 5,807,825 is expired, it should not independently support a current Paragraph IV dispute. A generic applicant may also use a “section viii” statement to omit a patented indication from labeling when an unexpired method-of-use patent remains listed for another indication. That strategy is not necessary for this expired patent, but it is relevant to any later or related eptifibatide method patent. Which companies challenged or commercialized eptifibatide?Eptifibatide was developed and commercialized through the Integrilin program, associated with COR Therapeutics and later Schering-Plough. Schering-Plough subsequently became part of Merck through the 2009 merger. The commercial landscape has historically included:
The relevant competitive product category is narrow. Eptifibatide competes pharmacologically with other intravenous glycoprotein IIb/IIIa inhibitors, particularly abciximab and tirofiban, but those products are not covered by the eptifibatide-specific compound limitations in US Patent 5,807,825. How does the eptifibatide patent estate compare with competing drugs?
The patent is strong against literal use of eptifibatide for a covered indication during its term because the active ingredient is structurally specific. It is weak against design-around products using different platelet inhibitors. It also provides no composition, formulation, or manufacturing protection based on the supplied claims. What generic launch risks exist?The principal current risks are commercial and regulatory rather than based on US Patent 5,807,825. Patent riskThe patent is expired. It should not prevent launch of a generic eptifibatide product. Regulatory riskGeneric manufacturers must establish:
Manufacturing riskEptifibatide is a peptide drug rather than a conventional low-complexity small molecule. Manufacturing controls can affect:
These barriers may limit the number of credible suppliers even when patent protection has ended. Commercial riskEptifibatide is an acute-care injectable with demand concentrated in hospitals and cardiovascular centers. Pricing pressure from generic entry can be significant, but the addressable market is narrower than for chronic oral antiplatelet drugs. Hospital contracting, reliable sterile supply, and inclusion in purchasing systems may matter more than brand recognition. What litigation and settlement issues affect this patent?US Patent 5,807,825 is no longer capable of supporting a prospective injunction against generic eptifibatide use. Any historical Paragraph IV case would have been relevant only during the patent's enforceable term. No current settlement should be treated as extending the patent's term. A settlement involving another patent, another patent family member, regulatory exclusivity, or a different Integrilin listing would require separate analysis. Expiration of this patent does not establish that every eptifibatide-related patent has expired, but it removes this patent as a current blocking right. How strong is the patent estate based on the supplied claims?
The patent had meaningful historical value because it linked a defined therapeutic molecule to high-value cardiovascular uses and extracorporeal circulation. Its present value is primarily documentary and freedom-to-operate related. Key Takeaways
Frequently Asked QuestionsIs US Patent 5,807,825 a composition-of-matter patent for eptifibatide?No. The supplied claims are method claims. They require use of the specified cyclic peptide in treatment, extracorporeal circulation, or intravascular-device contexts. Does US Patent 5,807,825 cover tirofiban or abciximab?No. The claims require the eptifibatide peptide structure. Tirofiban is a different small molecule, and abciximab is an antibody fragment. Can a generic company launch eptifibatide after this patent expired?This patent does not prevent launch. The applicant must still satisfy FDA requirements and evaluate any separate unexpired patent, formulation right, regulatory exclusivity, or litigation risk. Does the patent cover dialysis machines or ventricular assist devices?No. It covers use of eptifibatide in connection with extracorporeal circulation or specified intravascular devices. The devices themselves are not claimed. Is eptifibatide subject to biosimilar approval?No. Eptifibatide is regulated as a drug product. A generic competitor would generally use the ANDA pathway rather than the 351(k) biosimilar pathway. References
More… ↓ |
Drugs Protected by US Patent 5,807,825
| 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 5,807,825
| Country | Patent Number | Estimated Expiration | Supplementary Protection Certificate | SPC Country | SPC Expiration |
|---|---|---|---|---|---|
| European Patent Office | 0477295 | ⤷ Start Trial | SPC/GB99/046 | United Kingdom | ⤷ Start Trial |
| European Patent Office | 0477295 | ⤷ Start Trial | C990043 | Netherlands | ⤷ Start Trial |
| European Patent Office | 0477295 | ⤷ Start Trial | 51/1999 | Austria | ⤷ Start Trial |
| >Country | >Patent Number | >Estimated Expiration | >Supplementary Protection Certificate | >SPC Country | >SPC Expiration |
