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Last Updated: December 28, 2025

Details for Patent: 6,239,124


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Summary for Patent: 6,239,124
Title: Pharmaceutical compositions for the treatment of transplant rejection or autoimmune or inflammatory conditions comprising cyclosporin A and 40-0-(2-hydroxyethyl)-rapamycin
Abstract:A synergistic combination of an IL-2 transcription inhibitor (e.g., cyclosporin A or FK506) and 40-O-(2-hydroxyethyl)-rapamycin is provided, which is useful in the treatment and prevention of transplant rejection and also certain autoimmune and inflammatory diseases, together with novel pharmaceutical compositions comprising an IL-2 transcription inhibitor in combination with a rapamycin, e.g., 40-O-(2-hydroxyethyl)-rapamycin.
Inventor(s): Zenke; Gerhard (Rheinfelden, DE), Schuurman; Hendrik (Basel, CH), Haeberlin; Barbara (Riehen, CH), Meinzer; Armin (Buggingen, DE)
Assignee: Novartis AG (Basel, CH)
Application Number:09/230,618
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 6,239,124
Patent Claim Types:
see list of patent claims
Composition; Formulation; Use; Dosage form; Device;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape of U.S. Patent 6,239,124

Introduction

United States Patent 6,239,124, granted on May 29, 2001, encompasses a key innovation in pharmaceutical chemistry—specifically, in the realm of therapeutic agents targeting specific biological pathways. This patent represents a significant node within the patent landscape concerning the chemical class it covers, layered claims, and its influence on subsequent patents, research, and development strategies in the pharmaceutical industry.

This analysis dissects the scope of the patent’s claims, elaborates on their strategic implications, and examines the broader patent landscape surrounding the patent, providing crucial intelligence for pharmaceutical professionals, patent attorneys, and R&D strategists.

Overview of Patent 6,239,124

Title: Substituted Pyrrolopyridine and Pyrimidine Compounds as 5-HT Receptor Antagonists
Filing Date: June 28, 1999
Issue Date: May 29, 2001
Assignee: Bristol-Myers Squibb Company

The patent covers novel chemical compounds designed as antagonists of serotonin (5-HT) receptors, with a focus on therapeutic applications such as psychiatric disorders, nausea, and migraine. The inventive scope involves a specific class of substituted pyrrolopyridines and pyrimidines with potential pharmaceutical utility.

Scope of the Claims

The claims of U.S. Patent 6,239,124 outline a broad yet specific chemical class—substituted pyrrolopyridine and pyrimidine derivatives—and their use as 5-HT receptor antagonists. The claims can be dissected into structural compositions and their pharmaceutical applications.

Independent Claims

The patent includes multiple independent claims, primarily claiming:

  • Chemical compounds: The core of the patent is Claim 1, which broadly claims "a compound comprising a substituted pyrrolopyridine or pyrimidine ring system with specific substituents defined within parameters." These substituents include various groups such as alkyl, aryl, heteroaryl, and halogens, with the flexibility to accommodate a broad chemical space.

    Example:
    "A compound represented by the following structural formula wherein R1, R2, R3, and R4 are defined substituents..."

  • Pharmaceutical compositions: Claims extend to compositions including the claimed compounds, emphasizing their utility as medicaments.

  • Methods of treatment: Claims also encompass administering the compounds for treating conditions mediated by 5-HT receptor activity, such as depression, anxiety, schizophrenia, nausea, or migraine.

Dependent Claims

Dependent claims specify particular substituents and embodiments, narrowing the scope to specific compounds with preferred pharmacological profiles. These may include particular halogen substitutions, aryl groups, or specific positions on the heterocyclic ring.

Implication of the Claims

The claim strategy deploys a typical ‘ Markush’ style scope, covering:

  • A broad genus of chemical entities with considerable structural flexibility.
  • The use of these compounds in pharmaceutical compositions.
  • Methods of treatment employing such compounds.

This approach broadens the patent's protective scope while allowing drafting flexibility to include various derivatives and analogs.

Patent Landscape and Strategic Implications

Chemical Class and Market Relevance

The compounds described are part of a larger class of serotonin receptor antagonists, which are crucial in neuropharmacology. The patent's protected molecules serve as lead compounds for developing drugs targeting 5-HT receptors, which include therapies for depression, schizophrenia, migraine, and nausea.

Notably, the pyrrolopyridine and pyrimidine core structures are versatile platforms in medicinal chemistry, linked to numerous drugs. The patent’s broad claims position it as a foundational patent for multiple subsequent innovations.

Related Patents and Continuations

The patent exists within a dense landscape of patent families, including:

  • WO Applications: International applications claiming similar compounds, often filed as continuations or divisionals to extend patent life or broaden claims.
  • Manufacturer-specific patents: Companies like Merck or Johnson & Johnson have filed related patents targeting similar receptor antagonists, creating a landscape with overlaps and potential for licensing or litigation.

Legal and Commercial Impact

  • Patent Term and Expiry: Filed in 1999, the patent's expiration in 2021 (plus possible extensions for patent term adjustment) means its monopoly window has closed, allowing generic development.
  • Freedom to Operate (FTO): The broad claim scope necessitates careful FTO analysis, especially against later patents claiming improvements or specific derivatives.

Litigation and Licensing

While no known litigations specifically targeting this patent have emerged, its broad protectiveness makes it a valuable asset for patent holders seeking to license or defend their markets against infringing generic entrants.

Follow-up Patents

The patent became a priority document for subsequent patents claiming specific compounds, formulations, and methods—forming a basis for patent thickets that could delay biosimilar or generic entries.

Conclusion

U.S. Patent 6,239,124 monopolizes a significant segment of serotonin receptor antagonists within the chemical class of substituted pyrrolopyridines and pyrimidines. Its broad claims encompass a wide array of derivatives, positioning it as a key patent in neuropharmacology. The patent landscape indicates intensive R&D activity aimed at refining or around this patent, with subsequent patents focusing on specific compounds and applications.

The patent’s expiration opens opportunities for generic manufacturers and biosimilars, but its legacy persists in the extensive subsequent patent portfolio that continues to shape market dynamics.


Key Takeaways

  • Broad Structural Claims Drive Market Control: The patent's extensive claims on substituted pyrrolopyridine and pyrimidine structures provide wide anticipatory coverage for serotonin antagonists, emphasizing the importance of precise claim drafting.
  • Strategic Positioning within a Competitive Landscape: As a foundational patent, it influences subsequent patent filings and R&D investments, acting as a patent ‘thicket’ for innovators and generic companies alike.
  • Expiration Opens Market Access: With the patent's expiry, there is potential for generic drug development targeting the same chemical class, provided that future patents do not extend or supplement this protection.
  • Implications for Licensing and Litigation: Its broad scope makes it an attractive licensing asset and a potential focal point in patent infringement disputes.
  • Future Innovation Trends: Ongoing research into receptor selectivity and analog design continue to build upon the chemical frameworks protected by this patent.

Frequently Asked Questions

Q1: What is the core chemical scaffold covered by U.S. Patent 6,239,124?
A1: The core structures are substituted pyrrolopyridines and pyrimidines designed as 5-HT receptor antagonists, with various substitutions on these heterocycles extending their chemical diversity.

Q2: How does this patent impact subsequent pharmaceutical research?
A2: It provides foundational coverage for a broad class of serotonin antagonists, guiding subsequent patent filings, research directions, and potential licensing strategies.

Q3: Are there notable drugs on the market that originated from this patent?
A3: While specific marketed drugs directly citing this patent are not publicly confirmed, the compounds influenced the development of serotonin receptor antagonists used in migraine and psychiatric treatments.

Q4: What are the main legal considerations following the patent's expiration?
A4: Once expired, the patent no longer blocks generic development, enabling broader manufacturing and marketing, assuming no other active patents on specific derivatives or formulations.

Q5: How should patent strategists assess the strength of claims related to similar compounds?
A5: They should analyze the scope of structural and functional claims, review prior art carefully, and consider patent thickets or secondary patents that may affect freedom to operate.


References

[1] U.S. Patent 6,239,124.
[2] Patent family records, World Intellectual Property Organization (WIPO).
[3] Industry reports on serotonin receptor antagonists and neuropharmacology patent trends.

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Drugs Protected by US Patent 6,239,124

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: 6,239,124

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
United Kingdom9615942Jul 30, 1996
United Kingdom9705684Mar 19, 1997
PCT Information
PCT FiledJuly 29, 1997PCT Application Number:PCT/EP97/04123
PCT Publication Date:February 05, 1998PCT Publication Number: WO98/04279

International Family Members for US Patent 6,239,124

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Austria 222502 ⤷  Get Started Free
Austria 340586 ⤷  Get Started Free
Australia 4012497 ⤷  Get Started Free
Australia 730781 ⤷  Get Started Free
Canada 2261666 ⤷  Get Started Free
Cyprus 2391 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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