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Details for Patent: 6,195,582
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Summary for Patent: 6,195,582
| Title: | Electrotransport device electrode assembly having lower initial resistance | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Abstract: | The present invention relates generally to an electrotransport device for transdermally or transmucosally delivering a beneficial agent (e.g., a drug) to the body surface of a patient or for transdermally or transmucosally sampling a body analyte. Most particularly, the present invention relates to a configured and electrochemically reactive electrode assembly having improved start-up electrical performance and improved lag time to compliant agent delivery. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Inventor(s): | Erik R. Scott | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Assignee: | Alza Corp | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Application Number: | US09/239,708 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Patent Claim Types: see list of patent claims | Formulation; Compound; Delivery; Device; | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Patent landscape, scope, and claims: | United States Patent 6,195,582: Scope, Claims, Expiration and Electrotransport Patent LandscapeUS 6,195,582 protects an electrotransport device that uses a high-resistance, electrochemically reactive electrode positioned at a common boundary with an electrolyte reservoir and a separate, lower-resistance current collector. The core concept is that the electrode initially conducts poorly, then becomes less resistive as electric current oxidizes or reduces the electrode material. The patent covers both transdermal drug delivery and reverse-iontophoretic analyte sampling, including glucose sampling. Its strongest technical limitations are the discrete current collector, the initial resistance relationship, and the requirement that the electrode, collector and reservoir form a common boundary when current begins. The patent is a device patent rather than a drug patent. It does not create Orange Book exclusivity, FDA drug exclusivity, biosimilar exclusivity or a Paragraph IV pathway. What does US Patent 6,195,582 protect?The independent claim protects an electrotransport device having:
The claim is functional and structural. It does not require a particular drug, analyte, voltage, current waveform, skin location or commercial product configuration. The central inventive relationship is:
The claim therefore targets electrode assemblies that operate as electrochemically activated conductors rather than conventional low-resistance metal electrodes. Claim 1 limitation map
A product that lacks the common boundary may avoid literal infringement of claim 1 even if it uses a reactive electrode and current collector. A product with a common physical interface but no reduction in electrode resistance may also fall outside the literal claim. How do dependent claims 2 through 9 define the cathodic electrode?Claims 2 through 9 narrow the invention to a cathodic electrode assembly using a reducible material. The covered material classes include:
Claim 9 is commercially significant because it identifies silver chloride foil as a specific cathodic electrode. Claims 4 through 6 are also important because they cover silver-halide implementations that may be used in reverse iontophoresis and iontophoretic drug delivery. The claims do not require that the entire cathodic electrode consist of the listed compound unless claim 31 is also satisfied. A polymer matrix containing the reactive material can fall within claim 17, while claim 31 narrows the electrode to one consisting essentially of the electrochemically reactive material. What claims cover glucose sampling and reverse iontophoresis?Claims 10 through 14 expressly cover analyte sampling. Claim 12 identifies glucose as the sampled nonionic analyte. The claim structure is broad enough to encompass a device that extracts glucose through the skin into an anodic or cathodic reservoir, depending on the system configuration. The relevant claim categories are:
The glucose claim does not require a glucose-specific sensor chemistry. A product could therefore implicate claim 12 based on the sampling architecture even if glucose detection occurs through a separate enzymatic, electrochemical or optical sensor. This distinction matters for products resembling reverse-iontophoretic glucose monitors. The patent claims the electrode and reservoir arrangement, not the downstream analytical algorithm. What formulations and electrode materials are protected?The formulation claims are directed primarily to the electrolyte reservoir and the material environment around the electrode. Polymer-matrix electrodesClaim 17 covers an electrode comprising:
Claim 18 narrows the construction by requiring the polymer matrix to be substantially free of electrically conductive material when electrotransport current begins. This limitation distinguishes a reactive polymer composite from a conventional conductive polymer electrode that already contains carbon black, graphite, metal particles or another conductive additive. A device using a conductive polymer matrix from the outset may avoid claim 18, but it could still fall within claim 17 or claim 1 if the other limitations are present. Resistance thresholdsClaims 15, 16 and 36 through 39 impose quantitative resistance limitations:
The claims create overlapping but commercially distinct protection. Claim 39 is directed to a highly conductive collector. Claim 36 captures a very high-resistance reactive electrode. A product satisfying both may present a stronger literal infringement case than a product meeting only the broader functional limitation in claim 1. Reservoir compositionClaims 34 and 35 cover aqueous and gel electrolyte reservoirs. These claims are not limited to a particular buffer, salt, polymer, drug or analyte. Claims 28 and 31 provide further material restrictions:
These limitations address electrode dissolution and distinguish the claimed solid-phase architecture from an electrode based primarily on soluble redox species. What claims cover anodic electrodes and therapeutic delivery?Claims 19 through 25 cover anodic assemblies using oxidizable materials. Claim 20 identifies:
Claim 21 specifically covers a polyaniline sheet. Claims 22 through 24 cover therapeutic-agent delivery:
The polarity limitations reflect iontophoretic transport principles. Positively charged agents are generally driven from an anode, while negatively charged agents are generally driven from a cathode. The patent does not identify a particular pharmaceutical compound. A transdermal product using a conventional low-resistance electrode may avoid these claims even if it delivers the same drug. Conversely, a device using a polyaniline or other oxidizable electrode can raise infringement concerns even when the delivered agent differs from the examples in the patent. How important are the common-boundary limitations?The common-boundary requirement is the principal claim-construction issue. At the beginning of current application, the claim requires the electrode, current collector and electrolyte reservoir to form a common boundary. The language can be read to require a contiguous interface or shared boundary condition, rather than merely sequential electrical connection through intervening layers. Claims 26 through 30 add geometric and operating restrictions:
The ratio in claim 26 links current density and interface geometry. It may become important in litigation because it requires measurements tied to the operating current. Product documentation, electrode drawings, current logs and laboratory testing would likely determine whether a device satisfies this limitation. The common-boundary requirement can also limit design-around exposure. A manufacturer may attempt to separate the collector from the reservoir with an insulating layer, use a noncontiguous interface, or place the collector behind a conductive intermediate layer. Whether such a design avoids the claim would depend on the claim construction and the specific physical arrangement. When did US 6,195,582 lose patent exclusivity?US 6,195,582 issued on February 27, 2001. Its ordinary US patent term was governed by the 20-year term measured from the applicable nonprovisional filing date under 35 U.S.C. § 154. On that basis, the patent expired before 2026 and is not an active blocking patent today, absent an unusual patent-term adjustment, extension or related enforceable continuation right recorded in the official prosecution history.[1][2] The patent’s expiration does not eliminate historical infringement exposure for conduct during the enforceable term. It also does not invalidate later patents in the same family or separate patents covering commercial implementations. Exclusivity timeline
The patent is not a patent on an active pharmaceutical ingredient. Its expiration therefore does not establish generic entry for any drug. What is the Orange Book status of US 6,195,582?US 6,195,582 should not be treated as an Orange Book-listed patent. The FDA Orange Book covers patents and exclusivity associated with approved drug products, including product, formulation and method-of-use patents submitted by drug sponsors.[3] US 6,195,582 claims an electrotransport apparatus. It does not claim:
The patent therefore does not create a Paragraph IV certification route by itself. A generic drug applicant would address the patent only if the generic product incorporated a covered electrotransport delivery system and the patent remained enforceable. Which companies and technologies compete with the claimed estate?The relevant competitive landscape is the broader field of iontophoresis, reverse iontophoresis, transdermal delivery and wearable biosensing. Iontophoretic drug deliveryCompeting technology categories include:
The patent is most relevant where a product uses a reactive electrode that changes resistance during operation. It is less relevant to systems using stable low-resistance electrodes with no current-induced electrochemical activation. Reverse-iontophoretic glucose monitoringCommercial and historical glucose-monitoring programs have used reverse iontophoresis, electrochemical sensing and skin-contact reservoirs. Cygnus Inc.'s GlucoWatch system is a prominent example of reverse-iontophoretic glucose monitoring, although the relevant patent portfolio included multiple patents covering extraction, sensing, calibration, skin interfaces and device control.[4] A freedom-to-operate review for a reverse-iontophoretic glucose product must separate:
US 6,195,582 principally addresses the first two categories. How strong is the patent estate?The patent had meaningful historical scope but limited present-day blocking power because the issued patent has expired. Historical strengths
Weaknesses and litigation pressure points
The estate is therefore best characterized as a historical platform patent with narrow physical-architecture limitations, not as a current pharmaceutical exclusivity asset. What patent litigation and settlement issues affect the patent?A Paragraph IV challenge, biosimilar dispute or Hatch-Waxman settlement is not the expected litigation framework for US 6,195,582. The patent covers a device and is outside the ordinary Orange Book certification system. Potential historical litigation would more likely involve:
The supplied claim set does not establish a litigation history, settlement agreement or license transaction. No such event should be attributed to the patent without a docket, assignment record, license announcement or court opinion. What generic entry risks exist for products using this patent?There is no conventional generic-entry risk based solely on US 6,195,582 because the patent is expired and does not claim a drug product. The commercial risks are different:
The principal current risk is not this expired patent. It is the possibility that a continuation, divisional, foreign counterpart or later patent claims the same commercial implementation with a later expiration date. Patent-family review must therefore distinguish the issued claims of US 6,195,582 from related applications. How does US 6,195,582 compare with conventional electrode patents?
Key Takeaways
FAQs About US Patent 6,195,582Does US 6,195,582 cover a specific drug?No. It covers an electrotransport device and generic delivery or sampling configurations. It does not claim a particular active pharmaceutical ingredient. Does claim 12 cover every glucose monitor?No. Claim 12 is directed to glucose sampling through the claimed electrotransport architecture. A glucose monitor using an unrelated blood, interstitial-fluid or optical-sensing architecture would not satisfy the claim merely because it measures glucose. Can a product avoid the patent by using a metal electrode?Potentially. A conventional metal electrode may avoid the requirement for a solid-phase electrochemically reactive electrode whose resistance decreases upon current exposure. The full claim, including the common-boundary and collector limitations, must still be analyzed. Are foreign patents equivalent to US 6,195,582?Not automatically. Foreign counterparts are examined under different laws, may have different amended claims and may expire on different dates. Each national family member requires separate legal-status and claim review. Does expiration of US 6,195,582 clear all iontophoresis patent risk?No. Expiration clears only this patent. Later patents may cover electrode compositions, hydrogel reservoirs, sensing chemistry, calibration, skin interfaces, device controls or specific drug-delivery systems. References
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Drugs Protected by US Patent 6,195,582
| 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 6,195,582
| Country | Patent Number | Estimated Expiration | Supplementary Protection Certificate | SPC Country | SPC Expiration |
|---|---|---|---|---|---|
| Austria | 274973 | ⤷ Start Trial | |||
| Austria | 279232 | ⤷ Start Trial | |||
| Australia | 2346499 | ⤷ Start Trial | |||
| Australia | 2346599 | ⤷ Start Trial | |||
| >Country | >Patent Number | >Estimated Expiration | >Supplementary Protection Certificate | >SPC Country | >SPC Expiration |
