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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 | ||||||||||||||||||||||||||||
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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:
Both blocks are framed as:
Disease/condition scope is limited to a specific listFor both treating and preventing, the disease/condition recited is selected from:
The list is exhaustive by claim language (selected from the group consisting of). Regimen limitation is the key novelty hookThe method requires:
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 listClaim 2 expands to bisphosphonates selected from:
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 cadenceClaims provide specific unit dosage values for alendronate monosodium trihydrate “on an alendronic acid active basis.” Treating (alendronate block):
Preventing (alendronate block):
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” rangesThe 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 bisphosphonateClaims 29 and 44 (treating and preventing) require sequential oral administration of:
Timing window for acid suppressionClaim 30 and claim 45 specify:
This timing constraint is a major narrowing feature relative to the non-sequenced claims. Acid-suppressor scope is capped by a closed listClaim 59 lists, for claims “any one of claims 29-58,” the acid-suppressors as:
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 blockThe bisphosphonate selection set mirrors the earlier claims:
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:
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:
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
Narrowest control points
Regimen specificity matters mostA competitor using:
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:
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:
align with the claims. Two high-leverage risk scenarios:
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:
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:
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:
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:
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)
Key Takeaways
FAQs1) What dosing intervals are specifically claimed in US 6,015,801 for oral bisphosphonate regimens? 2) Which disease indications are included in the “treating” and “preventing” claim lists? 3) What is the claimed timing window for H2 blocker or PPI administration relative to the bisphosphonate? 4) Which acid-suppressors are enumerated in US 6,015,801 (claim 59)? 5) Are the alendronate unit doses the same for treating versus preventing in the alendronate monosodium trihydrate embodiments? ReferencesNo 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. More… ↓ |
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 |
