Last Updated: June 24, 2026

Details for Patent: 6,015,801


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Summary for Patent: 6,015,801
Title:Method for inhibiting bone resorption
Abstract:Disclosed are methods for inhibiting bone resorption in mammals while minimizing the occurrence of or potential for adverse gastrointestinal effects. Also disclosed are pharmaceutical compositions and kits for caring out the therapeutic methods disclosed herein.
Inventor(s):Anastasia G. Daifotis, A. John Yates, II Arthur C. Santora
Assignee: Merck Sharp and Dohme LLC
Application Number:US09/134,215
Patent Claim Types:
see list of patent claims
Use;
Patent landscape, scope, and claims:

Executive summary: US Patent 6,015,801 claims oral bisphosphonate treatment and prevention regimens for a defined set of bone-related diseases, with “continuous schedules” limited to discrete dosing intervals (once-weekly, twice-weekly, biweekly, twice-monthly) and with specific example unit doses for alendronate monosodium trihydrate. Independent claim scope is method-of-use with regimen limitations, not a new chemical entity or a particular dosage form. The additional dependency set covers drug-drug sequencing with an H2 receptor blocker or proton pump inhibitor (PPI), administered 30 minutes to 24 hours before the bisphosphonate, and provides a closed list of acid-suppressors. This architecture typically narrows enforceability to (i) the claimed indications, (ii) the claimed dosing cadence, and (iii) oral coadministration/sequencing with selected acid-suppressors.

H1: US Patent 6,015,801 scope, claims, and US patent landscape for weekly dosing oral bisphosphonates

What exactly does US Patent 6,015,801 claim: weekly, twice-weekly, biweekly, and twice-monthly oral bisphosphonate regimens?

Core claim type: method for treating and method for preventing, directed to oral administration schedules of a bisphosphonate.

What is patented (independent-method architecture)

US 6,015,801 contains two substantively parallel claim blocks:

  • Treating (claims 1-14)
  • Preventing (claims 15-28)

Both blocks are framed as:

  • A defined disease/condition set
  • An oral bisphosphonate dosing regimen with a “continuous schedule”
  • A dosing interval limited to one of four discrete options

Disease/condition scope is limited to a specific list

For both treating and preventing, the disease/condition recited is selected from:

  • Paget’s disease
  • Abnormally increased bone turnover
  • Periodontal disease
  • Tooth loss
  • Bone fractures
  • Metastatic bone disease
  • Hypercalcemia of malignancy
  • Multiple myeloma

The list is exhaustive by claim language (selected from the group consisting of).

Regimen limitation is the key novelty hook

The method requires:

  • Oral administration
  • Pharmaceutically effective amount
  • Unit dosage
  • “Continuous schedule”
  • Dosing interval selected from:
    • once-weekly
    • twice-weekly
    • biweekly
    • twice-monthly

Because “continuous schedule” is paired with discrete interval options, the practical infringement focus is cadence. If a competitor uses a different interval (for example daily dosing, monthly dosing, every 10 days, or “as needed”), the cadence limitation is a common non-infringement lever.

Bisphosphonate scope is “selected from” a defined list

Claim 2 expands to bisphosphonates selected from:

  • alendronate, cimadronate, clodronate, tiludronate, etidronate,
  • ibandronate, risedronate, piridronate, pamidronate, zolendronate,
  • salts/esters and mixtures

Claim 3 then narrows to alendronate; claim 4 narrows further to alendronate monosodium trihydrate.

Practical effect: the broad independent concept is limited to bone-disease indications and oral bisphosphonate treatment/prevention at specific intervals, with explicit examples and tighter specificity for alendronate.

Which bisphosphonates and unit doses are explicitly covered (alendronate monosodium trihydrate 70 mg, 35 mg, 140 mg, 17.5 mg)?

Alendronate monosodium trihydrate example doses tied to cadence

Claims provide specific unit dosage values for alendronate monosodium trihydrate “on an alendronic acid active basis.”

Treating (alendronate block):

  • Once-weekly: ~70 mg (claim 8)
  • Twice-weekly: ~35 mg (claim 10)
  • Biweekly: ~140 mg (claim 12)
  • Twice-monthly: ~140 mg (claim 14)

Preventing (alendronate block):

  • Once-weekly: ~35 mg (claim 22)
  • Twice-weekly: ~17.5 mg (claim 24)
  • Biweekly: ~70 mg (claim 26)
  • Twice-monthly: ~70 mg (claim 28)

Notable structural point: treating and preventing have different specific example unit doses even where the cadence matches (for example, once-weekly is ~70 mg for treating but ~35 mg for preventing). That means a prevention regimen cannot be assumed to be a half-dose of treating without matching the prevention claims’ unit-dose examples.

Interpreting “about” ranges

The claims use “about” on the alendronate monosodium trihydrate amounts. That language generally allows minor deviation from the nominal values while staying within the claim’s capture.

What additional patent scope appears in US 6,015,801 for acid-suppressor sequencing (H2 blockers and PPIs before bisphosphonates)?

Extended method block: claims 29-58 add a sequencing requirement.

Sequencing limitation: H2 blocker/PPI then bisphosphonate

Claims 29 and 44 (treating and preventing) require sequential oral administration of:

  1. a unit dosage of an H2 receptor blocker or a proton pump inhibitor, and
  2. a unit dosage of a bisphosphonate on the same continuous schedule with dosing interval limited to:
    • once-weekly, twice-weekly, biweekly, twice-monthly

Timing window for acid suppression

Claim 30 and claim 45 specify:

  • H2 blocker/PPI administered from about 30 minutes to about 24 hours prior to bisphosphonate administration.

This timing constraint is a major narrowing feature relative to the non-sequenced claims.

Acid-suppressor scope is capped by a closed list

Claim 59 lists, for claims “any one of claims 29-58,” the acid-suppressors as:

  • cimetidine
  • famotidine
  • nizatidine
  • ranitidine
  • omeprazole
  • lansoprazole

Note: the underlying treatment/prevention acid-suppressor claims (29-58) are already limited to “histamine H2 receptor blocker or a proton pump inhibitor,” but claim 59 operationalizes an explicit list for at least the described dependent claims group (29-58). That list can function as an infringement boundary if a competitor uses a different H2 or PPI not captured.

Bisphosphonate scope in the sequenced block

The bisphosphonate selection set mirrors the earlier claims:

  • claim 31/46 includes alendronate, cimadronate, clodronate, tiludronate, etidronate, ibandronate, risedronate, piridronate, pamidronate, zolendronate, and salts/esters/mixtures
  • claim 32/47 narrows to alendronate; claim 33/48 narrows to alendronate monosodium trihydrate
  • claim 34/49 narrows to risedronate

Then claims 36-43 and 50-58 provide human and cadence-linked unit dose examples for the alendronate monosodium trihydrate embodiments, parallel to the unsequenced block but with different unit amounts.

How is US 6,015,801 likely enforced: what would a claimant argue are essential claim elements?

Based on the claim text provided, the most enforceable elements, as a practical matter, are those that courts treat as claim limitations rather than background features:

  1. Route: “orally administering”
  2. Indication: disease/condition must be one of the listed set
  3. Drug class and specific selection: bisphosphonate must be selected from the recited list or salts/esters/mixtures
  4. Dosing schedule: “continuous schedule” with dosing interval limited to the four discrete options
  5. Unit dosage: when asserted (at least in the dependent alendronate monosodium trihydrate embodiments), unit-dose mg values are essential
  6. Sequencing (sequenced claims only): for claims 29/44 and their dependents, an H2/PPI must be administered orally and within 30 minutes to 24 hours prior to the bisphosphonate dose
  7. Acid-suppressor identity: where claim 59 applies, the acid-suppressor must be within the enumerated list

In litigation, these elements are the likely focus for both non-infringement and infringement proof, especially for “method” patents where the accused infringer’s label and prescribing practices become central.

How strong is the patent estate for this concept: does 6,015,801 overlap with existing bisphosphonate dosing patents or product labels?

In absence of the full prosecution history and the broader patent family, the claim architecture itself indicates substantial reliance on regimen parameters rather than new molecule structure. This tends to create two practical realities:

  • Overlap risk is high if other patents in the same era also claimed:

    • oral bisphosphonate dosing intervals (weekly/biweekly/twice-monthly),
    • alendronate monosodium trihydrate dose levels tied to cadence,
    • or coadministration sequencing with acid suppressors.
  • But enforceability can be relatively tractable when competitors depart from the claimed cadence and timing windows. The four discrete intervals plus the explicit pre-dosing window for acid suppressors create clean “fall-away” points.

From a landscape standpoint, US 6,015,801 is best viewed as a regimen-specific method-of-use patent. Any “strength” assessment in litigation will track how many third-party regimens in the market match these exact cadence and sequencing features.

Which parts are broad vs narrow within the claims (and what would likely be targeted in claim construction)?

Broadest surface area

  • Disease set is broad across multiple bone-related clinical states.
  • Bisphosphonate set covers multiple actives (alendronate through zolendronate).
  • Treating/preventing both cover “pharmaceutically effective amount” (not a rigid dose) at the top of the block.

Narrowest control points

  • The cadence limitation is restricted to four discrete schedules.
  • Human-specific limitations appear in many dependent claims (for example claim 6, 20, 35, 50).
  • The sequenced claims narrow to acid suppressors given 30 minutes to 24 hours prior.
  • The acid-suppressor identity is further constrained (claim 59 list).

Regimen specificity matters most

A competitor using:

  • daily oral dosing,
  • monthly dosing,
  • “as needed” patterns,
  • different acid suppression timing outside 30 minutes to 24 hours,
  • or non-listed H2/PPI agents (where claim 59 is asserted)

would have strong argument vectors against literal infringement on the method.

What patent landscape and Orange Book status questions should be asked for US 6,015,801?

A regimen method patent typically does not map one-to-one to a single Orange Book “listed drug” entry, because Orange Book lists approved drug products and some patents tied to approved products, including method-of-use patents in certain cases. Whether US 6,015,801 is listed on a particular NDA/ANDA depends on:

  • the drug label it is tethered to,
  • whether the method-of-use is listed for that NDA/ANDA,
  • and the patent’s submission category.

Because you did not provide Orange Book listings, FDA approvals, or assignee-family identifiers for US 6,015,801, no complete and accurate Orange Book status can be stated here.

What generic entry risks exist if the generic proposes the same cadence but different acid-suppressor regimen?

For a generic (ANDA) entrant, the key risk is whether its proposed:

  • label for dosing interval,
  • and real-world prescribing patterns,
  • and any acid-suppressor coadministration instructions

align with the claims.

Two high-leverage risk scenarios:

  1. Generic matches the same bisphosphonate cadence and indication, without acid suppressor sequencing

    • exposure is primarily to claims 1-28.
  2. Generic matches cadence and uses the same class of acid suppressor with the same timing window

    • exposure extends to claims 29-58, and further constraint appears with claim 59 enumerations.

If the generics market instead emphasizes administration separated from acid suppressors, uses different timing than 30 minutes to 24 hours, or relies on different acid-suppressors, the risk diminishes relative to literal infringement targets.

What patent litigation issues typically arise for this type of method-of-use regimen patent?

For patents like US 6,015,801, common litigation pressure points include:

  • “Use” infringement proof: method patents often require proof that the claimed method is used in practice, not just that a product is sold.
  • Label alignment: plaintiffs often rely on the FDA label to show prescribing instructions include the claimed regimen cadence and sequencing.
  • Indication matching: claims require treatment/prevention of a listed set of diseases or conditions.
  • Timing and scheduling evidence: proving a 30-minute to 24-hour prior window for H2/PPI dosing relative to bisphosphonate administration can be evidentiary and fact intensive.
  • Design-around via cadence: switching to dosing intervals outside the four claimed options is a clear avoidance design.

Does US 6,015,801 create a competitive advantage for specific companies or dosage programs?

The claims themselves are not tied to a single sponsor. They are built around:

  • widely used bisphosphonates (alendronate, risedronate, etc.),
  • dosing intervals that match common osteoporosis and bone disease regimens,
  • and a specific acid-suppressor sequencing window.

In practice, the commercial advantage accrues to whoever markets regimens matching the claimed cadence and sequencing for the listed indications.

How does US 6,015,801 compare with competing bisphosphonate schedule patents (weekly vs monthly vs daily)?

Conceptual comparison based on the claim limitation:

  • US 6,015,801 captures weekly, twice-weekly, biweekly, twice-monthly oral regimens.
  • It does not capture daily dosing (not among the four intervals).
  • It does not capture monthly dosing (not among the four intervals).
  • It also captures a defined acid-suppressor sequencing window only for the sequenced dependent claims.

Therefore, if competing patents cover monthly dosing (common for certain bisphosphonates), those would sit outside the strict interval capture of 6,015,801.

Timeline: when does the exclusivity window end (patent term) for US 6,015,801?

A complete exclusivity timeline requires the patent’s:

  • filing date,
  • priority date,
  • prosecution history (including any terminal disclaimers),
  • and any patent term adjustment information.

These data are not included in the prompt. No complete and accurate exclusivity calendar can be produced from the claim text alone.

Key claim-by-claim scope map (what is covered and what is likely to avoid coverage)

Claim cluster What it covers Critical limitations that narrow scope Likely design-around
1-14 (treating) Treat listed bone diseases with oral bisphosphonate on weekly/twice-weekly/biweekly/twice-monthly schedule Indication list; bisphosphonate list; cadence in 4-option set; “unit dosage” Use different cadence (daily/monthly); treat conditions outside list; use non-listed bisphosphonate
8,10,12,14 (treating alendronate example) Alendronate monosodium trihydrate unit doses tied to cadence Dose values: ~70mg once-weekly; ~35mg twice-weekly; ~140mg biweekly; ~140mg twice-monthly Use different dose and/or cadence not captured by “about”
15-28 (preventing) Prevent listed bone diseases with oral bisphosphonate on same cadence set Indication list; bisphosphonate list; cadence in 4-option set Switch cadence; prevention indications outside list; different dosing pattern
22,24,26,28 (prevention alendronate example) Alendronate monosodium trihydrate unit doses tied to cadence for prevention Prevention dose values differ from treatment block Use prevention dosing not captured; different cadence
29-58 (sequenced treating and preventing) Sequential oral H2/PPI then oral bisphosphonate on same cadence set Sequencing; 30 minutes to 24 hours prior; bisphosphonate list; indication list Change timing outside window; use different acid-suppressor not in relevant list; change cadence
59 Acid-suppressor identity list (for claims 29-58 dependents) Requires cimetidine/famotidine/nizatidine/ranitidine/omeprazole/lansoprazole where claim 59 applies Use other H2 or PPI outside list for asserted dependent claims

Key Takeaways

  • US 6,015,801 is a regimen-focused method-of-use patent: oral bisphosphonate treatment and prevention for a defined bone-disease list with dosing intervals limited to once-weekly, twice-weekly, biweekly, or twice-monthly.
  • The patent’s practical infringement boundaries are cadence + indication + oral administration and, for part of the claim set, acid-suppressor sequencing within 30 minutes to 24 hours prior.
  • The most enforceable narrow embodiments are the alendronate monosodium trihydrate unit doses tied to cadence and the acid-suppressor timing and identity list.
  • Competitive risk concentrates where marketed regimens match the exact interval options and, in sequenced claims, the timing window and acid-suppressor identity.

FAQs

1) What dosing intervals are specifically claimed in US 6,015,801 for oral bisphosphonate regimens?
Once-weekly, twice-weekly, biweekly, and twice-monthly.

2) Which disease indications are included in the “treating” and “preventing” claim lists?
Paget’s disease, abnormally increased bone turnover, periodontal disease, tooth loss, bone fractures, metastatic bone disease, hypercalcemia of malignancy, and multiple myeloma.

3) What is the claimed timing window for H2 blocker or PPI administration relative to the bisphosphonate?
About 30 minutes to about 24 hours prior.

4) Which acid-suppressors are enumerated in US 6,015,801 (claim 59)?
Cimetidine, famotidine, nizatidine, ranitidine, omeprazole, and lansoprazole.

5) Are the alendronate unit doses the same for treating versus preventing in the alendronate monosodium trihydrate embodiments?
No. The claimed example unit doses differ between the treating block and the preventing block for the same cadence options.

References

No external sources were cited because the prompt provides only the claim text and does not include publication metadata, prosecution history, assignee, or Orange Book/FDA listing details.

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Drugs Protected by US Patent 6,015,801

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 6,015,801

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
European Patent Office 0998292 ⤷  Start Trial CA 2006 00005 Denmark ⤷  Start Trial
European Patent Office 0998292 ⤷  Start Trial PA2006002 Lithuania ⤷  Start Trial
European Patent Office 0998292 ⤷  Start Trial 91222 Luxembourg ⤷  Start Trial
European Patent Office 0998292 ⤷  Start Trial PA2006002,C0998292 Lithuania ⤷  Start Trial
European Patent Office 1175904 ⤷  Start Trial PA2007007 Lithuania ⤷  Start Trial
European Patent Office 1175904 ⤷  Start Trial CA 2007 00045 Denmark ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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