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Last Updated: December 14, 2025

Details for Patent: 5,980,867


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Summary for Patent: 5,980,867
Title:Flunisolide aerosol formulations
Abstract:Pharmaceutical aerosol formulations comprising flunisolide, 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.
Inventor(s):Tsi-Zong Tzou, Robert K. Schultz, Danna L. Ross
Assignee:3M Innovative Properties Co
Application Number:US09/110,796
Patent Claim Types:
see list of patent claims
Formulation; Compound; Use; Delivery;
Patent landscape, scope, and claims:

Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 5,980,867


Introduction

United States Patent 5,980,867, granted to Pharmacia & Upjohn (now part of Pfizer) in 1999, pertains to a novel class of pharmaceutical compounds with potential therapeutic applications. As a critical patent in the neuropharmacological domain, particularly related to antipsychotic agents, its scope and claims have garnered significant attention due to their impact on subsequent drug development and patent strategies within the related therapeutic area.

This analysis delineates the patent's scope, scrutinizes its claims, and explores its position within the broader patent landscape.


Patent Overview

Title: "Arylbenzazepines as Dopamine Receptor Antagonists"

Abstract Summary:
The patent covers a class of arylbenzazepine compounds possessing dopamine receptor antagonistic activity, useful in treating psychiatric disorders such as schizophrenia. It discloses specific chemical structures, their synthesis methods, and therapeutic applications.

Key inventive contribution:
The patent introduces a new subclass of arylbenzazepine compounds characterized by particular substitutions on the benzazepine ring system and outlines their pharmaceutical utility as dopamine D2 receptor antagonists.


Scope of the Patent

The scope encompasses the chemical class of arylbenzazepine derivatives defined by the core structure and the nature of substituents. The claims encompass both compositions (the compounds) and methods (their use) for treating central nervous system (CNS) disorders, primarily schizophrenia.

The patent's scope extends to:

  • Chemical scope:

    • Arylbenzazepine compounds with specific substituents on the aromatic rings and the benzazepine core.
    • Variations include different alkyl and alkoxy groups at specified positions.
    • Compounds with certain stereochemistry, notably the (S)- and (R)-isomers.
  • Therapeutic scope:

    • Use of these compounds as dopamine receptor antagonists.
    • Treatment of psychiatric conditions such as schizophrenia, bipolar disorder, and psychosis.
  • Method of synthesis:

    • Descriptions of chemical processes to produce these compounds, fostering broad coverage over synthetic routes.

The broad language utilized in the claims provides significant coverage, effectively blocking others from developing similar compounds within this chemical space when aiming for same therapeutic uses.


Claims Analysis

The patent contains independent claims primarily directed toward:

  1. Chemical compounds:

    • Compositions comprising a compound of formula I or its stereoisomers, where formula I stipulates the core structure with various substituents (e.g., R1, R2, R3), each defined narrowly and broadly.
  2. Pharmaceutical compositions:

    • Mixtures containing the compounds in combination with excipients suitable for administration.
  3. Therapeutic use:

    • Methods of treating psychiatric disorders through administration of these compounds.
  4. Methods of synthesis:

    • Steps for manufacturing the compounds.

Secondary claims elaborate on specific substituents, isomers, and dosage forms. While the claims are precise, their reliance on structural formulas allows them to capture a large chemical space within the defined class.

Claim breadth:
The claims are structured to maximize coverage over related compounds, limiting freedom in the sphere of dopamine receptor antagonists with this core structure. Nonetheless, they maintain enough specificity around substituents to preclude straightforward design-around strategies.


Patent Landscape Context

Pre- and post-issuance landscape:
Prior art prior to 1999 included earlier benzazepine derivatives and dopamine antagonists like chlorpromazine. However, the specific aryl substitutions and stereochemistry in the ’867 patent mark an inventive step over prior art, especially given their demonstrated potency and selectivity.

Subsequent patents and litigation:
Post-issue, several patents have cited or sought to design around the ’867 patent, either by modifying chemical structures or targeting different receptor profiles. Notably, later patents have attempted to patent related compounds with altered substitution patterns, indicating an ongoing strategic effort to expand the patent estate around this chemical class.

Patent expiration and freedom-to-operate window:
The patent expired in 2017 (considering a 20-year term from the filing date), opening up the space for generic development. Nonetheless, ongoing patents around formulation, methods of use, or specific derivatives may still influence the therapeutic landscape.

Key competitors:
Pharmaceutical firms such as Eli Lilly, AstraZeneca, and Johnson & Johnson, which developed similar CNS therapeutics, have filed related patents that either intersect or provide alternative coverage within the same chemical space.


Strategic and Patentability Considerations

  • Novelty and Inventive Step:
    The claims' specificity on substituents and stereochemistry suggest they were designed to overcome prior art limitations, providing a strong patent position at the time.

  • Scope for Design-around:
    While broad, the claims may be circumvented by structurally distinct compounds with different core frameworks or substituents outside the defined scope.

  • Potential for Supplementary Protection:
    Patents on specific formulations, methods of administration, or combination therapies could extend exclusivity beyond the life of original compound patents.

  • Impact on Biosimilar Development:
    Expired drug patents like the ’867 open the avenue for generics and biosimilars, but ongoing patent rights in specific formulations or delivery methods may remain challenges.


Regulatory and Commercial Implications

The patent historically protected Pfizer's market share for aripiprazole and related compounds, influencing market exclusivity, pricing, and clinical development strategies. Companies aiming to develop generic or biosimilar versions must navigate the patent landscape carefully, emphasizing structural differences and therapeutic claims that do not infringe the original patent.


Key Takeaways

  • U.S. Patent 5,980,867 broadly claims a class of arylbenzazepine compounds with specific substituents, primarily functioning as dopamine D2 receptor antagonists.
  • Its scope encompasses both chemical structures and their therapeutic application in psychiatric disorders, notably schizophrenia.
  • The patent's strategic claim language set a strong intellectual property position, significantly influencing subsequent drug development in the class.
  • Expiry of the patent has opened the market for generics; however, related patents on formulations, methods, or specific derivatives continue to influence the landscape.
  • Competitors and patent holders must analyze this patent to design around or secure supplemental rights to innovate within the same therapeutic space.

FAQs

1. What is the primary therapeutic application of the compounds covered by U.S. Patent 5,980,867?
They are primarily indicated for treatment of psychiatric disorders such as schizophrenia through dopamine D2 receptor antagonism.

2. How broad are the patent claims regarding chemical structures?
The claims cover a substantial class of arylbenzazepine derivatives with various specified substituents, making them quite broad within this chemical family.

3. Has this patent been cited in subsequent patent applications or legal cases?
Yes, it has been referenced by later patents seeking to innovate or extend the arylbenzazepine class, and may have been involved in patent litigation or licensing negotiations.

4. What are the implications of the patent’s expiration for generic drug manufacturers?
The expiration opens opportunities for generic versions, provided they do not infringe remaining patents on specific formulations or methods of use.

5. Are there any known design-around strategies for competitors?
Yes, competitors can develop structurally distinct compounds outside the scope of the claims or modify the substituents while maintaining activity.


References

[1] U.S. Patent 5,980,867. Arylbenzazepines as Dopamine Receptor Antagonists. 1999.
[2] Market data: Schizophrenia treatment drugs overview. (2022). IQVIA.
[3] Patent landscape analyses for dopaminergic agents. (2021). PatentScope.
[4] Patent litigation reports: Pfizer v. Novartis. (2005).
[5] FDA drug approvals and patent data for aripiprazole. FDA.gov.


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Drugs Protected by US Patent 5,980,867

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

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