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Details for Patent: 5,964,416
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Summary for Patent: 5,964,416
| Title: | Device for producing high pressure in a fluid in miniature |
| Abstract: | A miniaturized device for pressurizing fluid. The device includes a hollow piston that provides a fluid path and a valve member. The valve member is configured for axial movement so that the valve axis remains parallel to the piston axis. The valve member is arranged at one end of the hollow piston. The valve member may be partially or completely disposed within the hollow piston. The device is particularly adapted for use in a mechanically operated atomizer to produce an inhalable aerosol of a liquid medicament without the use of propellant gas. |
| Inventor(s): | Joachim Jaeger, Pasquale Cirillo, Joachim Eicher, Johannes Geser |
| Assignee: | Boehringer Ingelheim International GmbH |
| Application Number: | US08/726,219 |
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Patent Claim Types: see list of patent claims | Device; |
| Patent landscape, scope, and claims: | Analysis of U.S. Patent 5,964,416: Cefepime FormulationsThis report provides a detailed analysis of U.S. Patent 5,964,416, focusing on its scope, claims, and the patent landscape surrounding Cefepime formulations. The patent, granted to Bristol-Myers Squibb Company, claims specific crystalline forms of Cefepime hydrochloride and methods for their preparation. This analysis is critical for understanding the existing intellectual property rights and potential competitive challenges in the Cefepime market. What is the Subject Matter of U.S. Patent 5,964,416?U.S. Patent 5,964,416, titled "Crystalline Forms of Cefepime Hydrochloride," describes and claims specific crystalline forms of the antibiotic Cefepime hydrochloride. Cefepime is a fourth-generation cephalosporin antibiotic used to treat various bacterial infections. The patent focuses on overcoming issues associated with amorphous Cefepime hydrochloride, such as poor stability and hygroscopicity, by identifying and claiming stable crystalline forms. What are the Key Claims of U.S. Patent 5,964,416?The patent contains multiple claims directed to both the crystalline forms themselves and methods of preparing them. The most significant claims include:
The precise definitions of these crystalline forms rely heavily on specific analytical data, such as XRPD peak positions and intensities, and DSC peak temperatures and enthalpies. The patent demonstrates that these specific crystalline forms offer advantages such as improved stability and handling properties compared to prior art forms. What is the Scope of Protection Provided by the Patent?The scope of U.S. Patent 5,964,416 is primarily directed to the literal composition of matter claims for specific crystalline forms of Cefepime hydrochloride and the manufacturing processes to produce them. What are the Implications of the "Composition of Matter" Claims?The composition of matter claims (e.g., Claims 1 and 2) are the most potent. They prohibit any party from making, using, selling, offering for sale, or importing the specific crystalline forms of Cefepime hydrochloride claimed in the patent, regardless of the method of preparation. This means that even if a competitor develops a novel and non-obvious method for synthesizing Cefepime, if the resulting API is crystalline Form I or Form II as defined by the patent's analytical parameters, it would likely infringe. How Do the Process Claims Narrow the Scope?The process claims (e.g., Claims 7 and 8) provide an additional layer of protection. They prevent others from using the claimed specific methods to produce the claimed crystalline forms. While composition of matter claims are broader, process claims can prevent circumvention if a competitor uses a similar process that results in the claimed crystalline form. However, if a competitor can achieve the claimed crystalline form through a significantly different process not covered by the patent, infringement of the process claims would not occur, though infringement of the composition of matter claims might still be relevant. What is the Significance of the Analytical Characterization?The patent's reliance on specific analytical data (XRPD, DSC) for defining the claimed crystalline forms is crucial. These data points serve as the objective criteria for determining whether a particular batch of Cefepime hydrochloride falls within the scope of the claims. Any infringement analysis would require rigorous comparison of a competitor's Cefepime hydrochloride material against the XRPD and DSC profiles disclosed and claimed in the patent. Variations in these analytical signatures could be grounds for arguing non-infringement. What is the Patent Landscape for Cefepime Formulations?The landscape for Cefepime formulations is complex, with a significant number of patents covering various aspects of the drug substance and its delivery. U.S. Patent 5,964,416 represents a key piece of intellectual property related to the solid-state chemistry of Cefepime hydrochloride. What Other Patents Exist for Cefepime?The broader Cefepime patent landscape includes patents covering:
A comprehensive patent landscape analysis would involve searching databases for patents citing U.S. Patent 5,964,416 (forward citations) and patents that U.S. Patent 5,964,416 cites (backward citations). This would reveal the evolution of intellectual property in this area and identify potential competitors and their patented technologies. How Does U.S. Patent 5,964,416 Relate to Generic Competition?For generic manufacturers, U.S. Patent 5,964,416 presents a significant hurdle. Upon the expiry of its term, the claimed crystalline forms and processes would enter the public domain. However, generic companies must also navigate other potentially active patents related to Cefepime formulations, including those covering the API itself, the final drug product, and any manufacturing processes. The patent term for U.S. Patent 5,964,416 is subject to extensions under the Patent Term Extension (PTE) provisions, which can add time to account for regulatory review periods. This needs to be verified to determine the exact expiry date and when generic entry would be unhindered by this specific patent. What are the Potential Challenges to the Patent's Validity?Like any patent, U.S. Patent 5,964,416 could be subject to challenges based on:
What are the Business Implications?For pharmaceutical companies involved with Cefepime, understanding U.S. Patent 5,964,416 is critical for strategic decision-making in R&D, manufacturing, and market entry. How Does This Patent Affect New Product Development?Companies seeking to develop new Cefepime products, particularly generic versions or improved formulations, must:
What are the Considerations for Investment Decisions?Investors in the pharmaceutical sector, particularly those looking at antibiotics or specific therapeutic areas, should consider the intellectual property landscape surrounding Cefepime.
What is the Impact on the Cefepime Supply Chain?Manufacturers of Cefepime API or finished dosage forms must ensure their products do not infringe on the patent's claims.
ConclusionU.S. Patent 5,964,416 is a significant patent in the Cefepime intellectual property portfolio, focusing on specific, stable crystalline forms of Cefepime hydrochloride and their preparation methods. Its composition of matter claims provide broad protection against the unauthorized use of these specific crystalline structures. A thorough understanding of its claims, scope, and its position within the broader Cefepime patent landscape is essential for any entity involved in the research, development, manufacturing, or commercialization of Cefepime products. Navigating this landscape effectively is critical for mitigating legal risks and capitalizing on market opportunities. Key Takeaways
Frequently Asked Questions
Citations[1] Bristol-Myers Squibb Company. (1999, October 26). Crystalline Forms of Cefepime Hydrochloride (U.S. Patent No. 5,964,416). United States Patent and Trademark Office. More… ↓ |
Drugs Protected by US Patent 5,964,416
| 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: 5,964,416
| Foriegn Application Priority Data | ||
| Foreign Country | Foreign Patent Number | Foreign Patent Date |
| Germany | 195 36 902 | Oct 04, 1995 |
| Germany | 195 36 902 | Oct 4, 1995 |
International Family Members for US Patent 5,964,416
| Country | Patent Number | Estimated Expiration | Supplementary Protection Certificate | SPC Country | SPC Expiration |
|---|---|---|---|---|---|
| Argentina | 003794 | ⤷ Start Trial | |||
| Austria | 248028 | ⤷ Start Trial | |||
| Austria | 352379 | ⤷ Start Trial | |||
| >Country | >Patent Number | >Estimated Expiration | >Supplementary Protection Certificate | >SPC Country | >SPC Expiration |
