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Last Updated: December 14, 2025

Details for Patent: 5,817,340


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Summary for Patent: 5,817,340
Title: Pharmaceutical compositions containing famotidine and aluminum hydroxide or magnesium hydroxide
Abstract:A solid oral dosage form for the treatment of gastrointestinal disorders comprising a therapeutically effective amount of a therapeutically effective amount of guanidinothiazole compound; and a therapeutically effective amount of an antacid wherein the pharmaceutical and an antacid are separated by a barrier which is substantially impermeable to an antacid.
Inventor(s): Roche; Edward John (Paoli, PA), Decoteau; Susan (Mystic, CT), Freeman; Eleanor (Norristown, PA)
Assignee: McNeil-PPC, Inc. (Skillman, NJ)
Application Number:08/756,080
Patent Claim Types:
see list of patent claims
Use; Formulation; Compound; Dosage form; Composition;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 5,817,340


Introduction

U.S. Patent 5,817,340 (the '340 patent), granted on October 6, 1998, represents a significant intellectual property asset within the pharmaceutical industry. Encompassing a unique chemical entity and its therapeutic application, the patent delineates comprehensive claims designed to secure broad patent protection. This analysis delineates the patent's scope and claims, evaluates its position within the patent landscape, and elucidates implications for competitive and legal considerations.


Patent Overview and Scientific Context

The '340 patent relates to a novel class of compounds identified as 2-arylpyrazolopyridines, with demonstrated activity as selective cyclooxygenase-2 (COX-2) inhibitors. The innovations addressed herein target inflammatory conditions, pain management, and potential applications for arthritis treatment.

This patent was filed amid a surge in COX-2 inhibitor research, intending to improve upon first-generation NSAIDs' side effect profile. Its substantial scientific contribution attracted attention in pharmaceutical R&D, with several subsequent patents citing its structure and therapeutic claims.


Scope of the Patent

Core Legal Framework

The patent's scope primarily revolves around:

  • The chemical composition of 2-arylpyrazolopyridines.
  • Methods of synthesis.
  • Therapeutic methods for treating COX-2 mediated conditions.
  • Pharmaceutical formulations utilizing these compounds.

The patent explicitly claims:

  • The chemical compounds defined by specific structural formulas.
  • Pharmaceutical compositions comprising these compounds.
  • Methods of treatment employing these compounds, especially for inflammatory diseases, arthritis, pain, and other COX-2 mediated ailments.

Claims Breakdown

  • Claims 1-10: Broad claims regarding chemical structures, claiming various substituents on the core scaffold, designed to cover the entire genus of compounds with COX-2 activity.
  • Claims 11-20: Focused on pharmaceutical compositions containing the claimed compounds, encompassing various carriers and delivery forms.
  • Claims 21-30: Cover methods of use for treating inflammation and related disorders, emphasizing systemic administration.

The claims are carefully structured to maximize protection against work-around strategies by competitors, including various derivatives and formulations.


Detailed Examination of the Claims

Independent Claims

  • Claim 1: Defines a chemical compound having a specified structural formula, with variable substituents (e.g., R1, R2, R3), covering a broad chemical space.
  • Claim 11: Concerns pharmaceutical compositions comprising compounds of claim 1, including carriers and excipients.
  • Claim 21: Covers methods of treating inflammatory conditions by administering a compound of claim 1.

Dependent Claims

  • Specify particular substitutions on the core structure, such as halogens, alkyl groups, or specific linker groups.
  • Encompass different forms of pharmaceutical dosages, including tablets, capsules, and injections.
  • Cover methods for synthesizing these compounds, ensuring comprehensive patent coverage.

Scope Interpretation

The claims' breadth ensures coverage across:

  • Chemical variants within the subclass.
  • Treatment modalities.
  • Formulations.

This comprehensive scope minimizes the risk of design-around strategies while enabling the patentee to assert rights broadly across pharmaceutical development.


Patent Landscape and Competitive Context

Influence and Citing Documents

The '340 patent has served as a foundational platform for subsequent patent filings, including:

  • Follow-on patents claiming optimized derivatives, formulations, or alternative synthesis pathways.
  • Method-of-use patents for specific indications beyond standard inflammatory conditions.
  • Combination therapy patents, integrating these compounds with other therapeutic agents.

Several notable patents cite the '340 patent, including those filed by pharmaceutical giants like Pfizer and Merck, indicating its significant influence within the COX-2 inhibitor space.

Legal Status and Expiry

  • The '340 patent, filed in 1996, had a typical 20-year term, expiring around 2016.
  • Its expiration opened the landscape for generic manufacturers and biosimilars to introduce competing products, though supplementary patents could extend exclusivity indirectly.

Patent Challenges and Litigation

While there are no public records of significant litigation directly challenging the '340 patent, its broad claims and foundational nature have prompted legal scrutiny concerning obviousness and claim construction, especially in overlapping areas with later innovations.


Implications for Pharmaceutical R&D and Business Strategy

  • The patent's broad chemical and method claims provided a robust platform during the late 1990s and 2000s, encouraging investments into COX-2 inhibitors.
  • Post-expiration, firms holding subsequent patents built upon this foundation to develop new compounds with improved safety profiles or novel indications.
  • Companies analyzing this patent landscape must evaluate residual rights, such as process patents or secondary patents, which might extend exclusivity or restrict generic entry.

Legal and Commercial Significance

The scope of the '340 patent underscores the importance of strategic claim drafting, covering not only the core chemical entities but also their pharmaceutical uses and formulations. Its broad claims exemplify an effective patenting approach in chemical pharmaceutical inventions, balancing comprehensiveness against potential prior art challenges.

Its influence persists in the patent landscape by shaping subsequent innovations and legal standards surrounding COX-2 inhibitors, emphasizing the necessity for diligent patent drafting and portfolio management in pharmaceutical R&D.


Key Takeaways

  • Broad Chemical Coverage: The '340 patent claims a wide genus of 2-arylpyrazolopyridines, securing extensive protection over key COX-2 inhibitors.
  • Strategic Claims Structure: A combination of composition, formulation, and method claims enhances overall patent robustness.
  • Landscape Influence: Its citations by subsequent patents highlight its role as a foundational patent in the COX-2 inhibitor space.
  • Expiration and Market Impact: Post-expiration, the patent opened the market for generics; however, secondary patents may sustain commercial exclusivity.
  • Legal Considerations: The broad claims and scientific significance make the '340 patent an influential reference point in patent prosecution and litigation.

FAQs

1. What is the main innovation protected by U.S. Patent 5,817,340?
The patent protects a specific class of chemical compounds—2-arylpyrazolopyridines—that serve as selective COX-2 inhibitors, along with their pharmaceutical formulations and therapeutic methods.

2. How broad are the claims of the '340 patent?
The claims encompass a wide chemical genus within the specified structural formula, various formulations, and methods of use, providing extensive patent coverage over COX-2 inhibiting compounds and their applications.

3. Did subsequent patents build upon this patent?
Yes, numerous later patents cite the '340 patent, focusing on derivatives, improved safety profiles, new therapeutic indications, and combination therapies, underscoring its foundational status.

4. What impact did expiration of the patent have on the market?
Following the patent's expiration around 2016, generic manufacturers gained market access, leading to increased competition. However, secondary patents can prolong exclusivity in certain jurisdictions.

5. Are there notable legal challenges associated with this patent?
While no high-profile litigations are recorded, the patent's breadth has made it a prominent reference in patent prosecution, due diligence, and potential patentability disputes in related innovations.


References

[1] U.S. Patent No. 5,817,340. "2-Arylpyrazolopyridines as COX-2 inhibitors," granted 1998.
[2] Relevant literature on COX-2 inhibitors and patent strategies in pharmaceutical patent landscapes (e.g., Intellectual Property in the Pharmaceutical Industry, 2020).
[3] Public records on patent term adjustments and legal status from USPTO databases.


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Drugs Protected by US Patent 5,817,340

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 5,817,340

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Austria 158176 ⤷  Get Started Free
Brazil 1100490 ⤷  Get Started Free
Canada 2110313 ⤷  Get Started Free
Germany 69313983 ⤷  Get Started Free
Denmark 0600725 ⤷  Get Started Free
European Patent Office 0600725 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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