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Details for Patent: 6,114,313
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Summary for Patent: 6,114,313
| Title: | Pharmaceutical compositions for freeze drying | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Abstract: | A pharmaceutical composition comprising a nucleotide analogue, mannitol and a modifying additive which is sodium chloride or a polyol which is suitable for freeze drying. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Inventor(s): | Chris Bland, Gerald Steele | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Assignee: | Chiesi Farmaceutici SpA | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Application Number: | US09/043,159 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Patent Claim Types: see list of patent claims | Use; Composition; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Patent landscape, scope, and claims: | United States Drug Patent 6,114,313: Scope, Claims, Expiration, and Cangrelor Patent LandscapeU.S. Patent No. 6,114,313 protects pharmaceutical formulations containing a defined class of nucleotide analogs, mannitol, and sodium chloride or a polyol. The central commercial embodiment is cangrelor, the intravenous P2Y12 platelet-inhibitor marketed as Kengreal. The patent does not principally claim cangrelor as a molecule. It claims stabilized, dried, and reconstitutable pharmaceutical compositions containing cangrelor or structurally related nucleotide analogs. The strongest coverage is concentrated in claims 1, 3, 5, 7, 8, 10, 11, and 13. Claim 3 identifies cangrelor specifically. Claims 7 through 10 add manufacturing and product-quality limitations involving drying, reconstitution, pH, and residual water. Claims 11 and 13 create process exposure for manufacturers using the claimed excipient and drying sequence. What drug does U.S. Patent 6,114,313 protect?The patent covers formulations of nucleotide analogs that inhibit platelet aggregation, with cangrelor as the principal identified compound. The compound in claim 3 is:
This compound is cangrelor, also known as AR-C69931MX and cangrelor tetrasodium in its marketed pharmaceutical form. Cangrelor is an intravenous, direct-acting P2Y12 receptor antagonist used to reduce thrombotic cardiovascular events in patients undergoing percutaneous coronary intervention when oral P2Y12 therapy is not practical or desirable (U.S. Food and Drug Administration [FDA], 2015). The patent’s claim architecture is formulation-focused:
What is the claim scope of U.S. Patent 6,114,313?The patent has three functional claim groups: composition claims, manufacturing claims, and treatment claims. How broad is independent claim 1?Claim 1 requires four principal elements:
The claim is not limited to cangrelor. Its Markush structure covers a broader family of nucleotide analogs defined by substituents R1 through R8 and an acidic moiety X. The relevant chemical variables are:
A composition that lacks mannitol falls outside claim 1, even if it contains cangrelor and sodium chloride. A composition containing mannitol but no sodium chloride or polyol also falls outside claim 1. The claim therefore requires both the core excipient and one of the specified modifying additives. What does claim 2 add?Claim 2 narrows the chemical genus by requiring:
Cangrelor is within this narrower class. Claim 2 is important because claim 12 depends on claim 2, not merely on claim 1. What does claim 3 cover?Claim 3 identifies cangrelor by chemical name. It is the most commercially significant composition limitation in the patent. Claim 3 remains a formulation claim. It does not claim cangrelor in every pharmaceutical or nonpharmaceutical context. A competing product would need to include the specified cangrelor compound in a composition that also satisfies the limitations inherited from claim 1, including mannitol and sodium chloride or a polyol. What do claims 4 and 5 protect?Claim 4 requires the modifying additive to be a polyol. Claim 5 narrows the polyol to sorbitol. These claims create separate infringement routes:
What does claim 6 add?Claim 6 requires at least 1% by weight of mannitol. The claim provides a quantitative limitation that can be tested through product composition, batch records, formulation specifications, or analytical testing. A formulation containing trace mannitol below 1% by weight would not satisfy claim 6, although it could still satisfy claim 1 if all other limitations are met. What do claims 7 through 10 protect?These claims target solid-state and finished-product characteristics:
The combination is directed to an injectable product supplied as a dry powder and reconstituted before administration. The claims are commercially relevant because cangrelor is supplied for intravenous preparation rather than as a conventional oral tablet. “About” in claim 9 introduces a range-construction issue. The legally relevant pH boundary would depend on intrinsic evidence, prosecution history, specification examples, and ordinary pharmaceutical practice. A product at pH 6.0 to 10.0 is the obvious target, but values near the boundaries would require claim-construction analysis. How do the process claims affect generic manufacturers?Claims 11 and 13 create process exposure separate from the finished-composition claims.
Claim 13 is particularly relevant to generic injectable manufacturers because it expressly names the formulation ingredients and drying operations. A generic sponsor could attempt to avoid literal infringement by:
Process avoidance is not automatically sufficient. A court could consider equivalents, and the product itself may still infringe composition claims even if the manufacturing process differs. What is the scope of claim 12 for platelet aggregation treatment?Claim 12 covers treating a platelet aggregation disorder with a therapeutically effective amount of the composition defined in claim 2. The claim is narrower than a general method-of-use claim for cangrelor. It requires the claimed composition, including the structural restrictions in claim 2. A method using cangrelor in an unclaimed formulation would not necessarily fall within claim 12. The likely clinical field includes:
The claim does not appear limited to a particular procedure, patient population, dose, infusion duration, or clinical endpoint. Its principal limitation is the composition administered. What formulation technology is protected?The patent is directed to improving the handling and pharmaceutical performance of unstable or difficult-to-formulate nucleotide analogs. The protected formulation concept combines:
The water-content limitation in claim 10 is commercially significant. Reducing residual water can improve storage stability, reduce degradation, and support a shelf-stable injectable product. The claim does not require a particular vial, stopper, diluent, concentration after reconstitution, or administration device. What is the patent expiration date for U.S. Patent 6,114,313?U.S. Patent 6,114,313 issued on September 5, 2000 (U.S. Patent No. 6,114,313, 2000). Its enforceable term must be determined from the patent’s earliest effective U.S. nonprovisional filing or priority date, together with any applicable patent-term adjustment, patent-term extension, terminal disclaimer, and regulatory extension. The key legal point is that the patent is not governed solely by the issue date. For modern U.S. patents, the baseline term is generally 20 years from the earliest effective nonprovisional filing date, subject to statutory adjustments under 35 U.S.C. §§ 154 and 156. The patent’s remaining commercial relevance therefore depends on:
The patent itself should not be treated as an automatically current barrier merely because it is listed in historical patent databases. FDA Orange Book records and the USPTO Patent Center file history control the current status analysis (FDA, n.d.; U.S. Patent and Trademark Office [USPTO], n.d.). What is the Orange Book status of cangrelor and Kengreal?Kengreal was approved by FDA in June 2015 under NDA 207558 for intravenous use in patients undergoing PCI (FDA, 2015). For Orange Book purposes, the relevant analysis is narrower than a general patent search. A patent must be evaluated for:
U.S. Patent 6,114,313 is best characterized as a formulation and method patent. It is not a classic compound patent claiming cangrelor in all forms. Its practical significance depends on whether the listed product uses the claimed mannitol-plus-modifying-additive formulation and whether the relevant patent term remains enforceable. Which companies challenged or could challenge the patent?Publicly identifiable commercial risk centers on generic injectable manufacturers rather than biosimilar developers. Potential parties include companies with sterile injectable manufacturing capabilities, such as Fresenius Kabi, Hikma, Sagent, Teva, Pfizer, and other ANDA sponsors. A company becomes a legal challenger only if it files an ANDA with a Paragraph IV certification or otherwise creates an actionable controversy. The principal challenge theories would be:
No biosimilar pathway applies to cangrelor because cangrelor is a chemically synthesized small-molecule drug, not a biologic. The relevant regulatory route is an ANDA under section 505(j) of the Federal Food, Drug, and Cosmetic Act, not a biosimilar application under section 351(k) of the Public Health Service Act. How strong is the patent estate for cangrelor?U.S. Patent 6,114,313 has meaningful formulation specificity but limited molecule-wide coverage. Strengths
Vulnerabilities
The estate is therefore stronger against a copycat of the original Kengreal formulation than against every possible cangrelor product. How does U.S. Patent 6,114,313 compare with compound and method patents?
U.S. Patent 6,114,313 should be analyzed as one layer of the cangrelor estate, not as a complete substitute for compound, salt, dosage, polymorph, manufacturing, or clinical-use patents. What generic launch scenarios exist for cangrelor?Scenario 1: Paragraph III certificationA generic applicant acknowledges the patent and waits until the listed patent expires. This is the lowest-litigation route but delays launch. Scenario 2: Paragraph IV certificationThe applicant asserts that the patent is invalid, unenforceable, or not infringed. The patent owner may file suit within the statutory period, triggering the Hatch-Waxman stay under applicable conditions. Scenario 3: Formulation design-aroundThe applicant develops a cangrelor product without the claimed combination of mannitol and sodium chloride or polyol. This approach may avoid literal infringement but must account for other listed patents and regulatory sameness requirements. Scenario 4: Alternative dosage formA liquid, non-dried, or differently stabilized product could avoid claims 7, 11, and 13. The product would still need to satisfy FDA requirements for pharmaceutical equivalence, stability, sterility, strength, and labeling. Scenario 5: Litigation settlementThe parties could resolve a Paragraph IV dispute through a license, delayed-entry agreement, or other settlement. The commercial effect would depend on entry timing, authorized-generic rights, royalties, and restrictions on formulation changes. What revenue exposure does the patent create?Kengreal is a hospital-administered product used in interventional cardiology. Its revenue exposure is narrower than that of a chronic oral antiplatelet because sales depend on procedure volume, hospital formularies, inventory practices, and competitive use of oral P2Y12 agents. The patent’s economic value is tied to the commercial injectable formulation. If a generic manufacturer can enter with a noninfringing cangrelor formulation, the patent may not prevent competition even if cangrelor demand remains clinically stable. Key commercial variables include:
Key Takeaways
Frequently Asked QuestionsDoes U.S. Patent 6,114,313 claim cangrelor itself?No. Claim 3 identifies cangrelor, but it does so within a pharmaceutical-composition claim that inherits the mannitol and sodium chloride or polyol limitations of claim 1. Can a generic cangrelor avoid the patent by removing mannitol?Potentially. Removing mannitol may avoid claim 1 and its dependent claims, but the generic would need to evaluate other formulation, process, compound, and method patents. Does the patent cover Kengreal after reconstitution?Yes, claim 8 expressly covers the reconstituted form, provided the formulation satisfies the limitations inherited from the preceding claims. Is cangrelor subject to biosimilar competition?No. Cangrelor is a small-molecule nucleotide analog. Competition would proceed through the generic-drug framework, primarily an ANDA, rather than the biosimilar pathway. What is the main litigation vulnerability of this patent?The principal vulnerability is its limited formulation scope. A competitor may argue that a product using different excipients, a different physical form, or a different manufacturing route does not meet the required limitations. ReferencesFood and Drug Administration. (2015). Kengreal (cangrelor) prescribing information. U.S. Department of Health and Human Services. Food and Drug Administration. (n.d.). Approved drug products with therapeutic equivalence evaluations. U.S. Department of Health and Human Services. U.S. Patent No. 6,114,313. (2000). Pharmaceutical compositions. United States Patent and Trademark Office. U.S. Patent and Trademark Office. (n.d.). Patent Center and patent-term information. U.S. Department of Commerce. 35 U.S.C. §§ 154, 156, 271, 282. 21 U.S.C. § 355(j). More… ↓ |
Drugs Protected by US Patent 6,114,313
| 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: 6,114,313
| Foriegn Application Priority Data | ||
| Foreign Country | Foreign Patent Number | Foreign Patent Date |
| Sweden | 9604795 | Dec 20, 1996 |
| PCT Information | |||
| PCT Filed | December 11, 1997 | PCT Application Number: | PCT/SE97/02068 |
| PCT Publication Date: | July 02, 1998 | PCT Publication Number: | WO98/28009 |
International Family Members for US Patent 6,114,313
| Country | Patent Number | Estimated Expiration | Supplementary Protection Certificate | SPC Country | SPC Expiration |
|---|---|---|---|---|---|
| European Patent Office | 1007094 | ⤷ Start Trial | 15C0060 | France | ⤷ Start Trial |
| Argentina | 010377 | ⤷ Start Trial | |||
| Austria | 221787 | ⤷ Start Trial | |||
| Australia | 5351598 | ⤷ Start Trial | |||
| Australia | 758857 | ⤷ Start Trial | |||
| >Country | >Patent Number | >Estimated Expiration | >Supplementary Protection Certificate | >SPC Country | >SPC Expiration |
