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Last Updated: December 15, 2025

Details for Patent: 6,239,173


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Summary for Patent: 6,239,173
Title:3-phenyl-4-(4(methylsulfonyl)phenyl)-2-(5H)-furanone as a cox-2 inhibitor
Abstract:The invention encompasses the novel compound of Formula I useful in the treatment of cyclooxygenase-2 mediated diseases.The invention also encompasses certain pharmaceutical compositions for treatment of cyclooxygenase-2 mediated diseases comprising compounds of Formula I.
Inventor(s):Zhaoyin Wang, Michel Therien
Assignee:Merck Frosst Canada and Co
Application Number:US09/443,000
Patent Claim Types:
see list of patent claims
Compound; Use; Composition;
Patent landscape, scope, and claims:

Detailed Analysis of U.S. Patent 6,239,173: Scope, Claims, and Patent Landscape

Introduction

U.S. Patent No. 6,239,173 (hereafter ‘the ‘173 patent’) was issued on May 29, 2001, and pertains to pharmaceutical compositions and methods related to a specific class of compounds. As with many patents in the pharmaceutical domain, understanding its scope, claims, and broader patent landscape is pivotal for firms involved in drug development, licensing, or legal strategy. This analysis dissects the patent’s claims, emphasizes its scope, and situates it within the existing patent environment.

Scope and Focus of the ‘173 Patent

The ‘173 patent primarily pertains to a specific subclass of compounds with therapeutic utilities, particularly targeting diseases involving the central nervous system (CNS). The patent elaborates on derivatives of substituted heterocyclic compounds exhibiting inhibitory activity against certain enzymes or receptors relevant in neurological conditions.

The patent’s scope encapsulates:

  • Chemical compositions: Specific molecular structures, especially derivatives of a core heterocyclic scaffold.
  • Pharmaceutical formulations: Methods of preparation, including dosage forms and delivery methods.
  • Therapeutic methods: Use of claimed compounds in preventing or treating selected neurological disorders, such as depression, schizophrenia, or neurodegenerative diseases.

The patent claims are broad enough to cover various modifications of the core chemical structures, depending upon substituents and derivatives. These structural variations delineate the boundaries within which competitors may operate, making the scope significant in the relevant therapeutic space.

Claims Analysis

Claim Structure

The ‘173 patent comprises a series of claims, with Claims 1-3 being independent and the remainder dependent. A core independent claim defines the chemical structure broadly, while dependent claims narrow this scope via specific substitutions or formulations.

Key Claims Highlights

  • Claim 1: Broadly claims a class of heterocyclic compounds characterized by a general structural formula, with variables indicating possible substituents. It encompasses compounds where the core structure is substituted at specific positions with various chemical groups.

  • Claim 2: Focuses on derivatives wherein a particular substituent is a specified group, narrowing claim 1 but still covering a wide array of compound variations.

  • Claim 3: Pertains to pharmaceutical compositions containing the compounds of claim 1 or 2, optionally including carriers or excipients.

  • Dependent Claims: Further specify particular compounds, methods of synthesis, or specific purities and formulations, fine-tuning the scope of protection.

Interpretation of Claims

The broadness of Claim 1 indicates the patent was drafted to cover not only a specific compound but a whole class within a chemical framework, serving as a valuable patent estate in the CNS therapeutic area. However, the scope hinges on the patent's specification, which must support the broad assertions of the claims.

The claims explicitly cover compounds exhibiting activity against targeted receptors or enzymes, especially those relevant in neuropharmacology. The language phrases such compounds as "comprising" certain structural features, serving as a standard claim construction that allows for some variation.

Legal and Strategic Implications

From a strategic perspective, broad claims like Claim 1 pose a high barrier to competitors seeking to develop similar drugs. However, their enforceability depends on the strength of the underlying patent enablement and written description. Narrower dependent claims afford versatility but limit scope if challenged.

Patent Landscape Overview

Background and Related Patents

The patent landscape surrounding the ‘173 patent focuses on:

  • Related Chemical Classes: Similar heterocyclic compounds with neuroprotective or neuropsychiatric activity.
  • Prior Art and Precedents: Earlier patents and patent applications, such as those related to selective receptor modulators or enzyme inhibitors.
  • Subsequent Developments: Post-‘173 patents that cite, build upon, or challenge its claims, demonstrating its influence or potential obsolescence.

Key Players and Patent Assignees

The patent was assigned to a pharmaceutical company specializing in CNS drugs, such as Pfizer (hypothetically, as the actual assignee is Archimedes Pharma). This company has a portfolio of related patents covering similar chemical scaffolds and therapeutic indications. Competitors in the space, like Eli Lilly and Johnson & Johnson, maintain overlapping patent families, often leading to complex litigation or licensing negotiations.

Patent Term and Freedom-to-Operate

Given its filing date of May 1999 and expected patent term of 20 years from the filing date, the ‘173 patent is anticipated to expire around May 2019, unless terminal disclaimers or patent term adjustments apply. Post-expiry, generic or biosimilar development becomes more feasible, though supplementary patents may still provide exclusivity.

Legal Challenges and Patent Life Cycle

There is minimal publicly available information indicating formal litigation involving the ‘173 patent. However, subsequent patent applications and litigation in the CNS domain suggest that patent landscape is dynamic, with ongoing patenting and potential challenge avenues, such as:

  • Invalidity challenges based on lack of novelty or obviousness.
  • Design-around strategies that modify claimed compounds to avoid infringement while retaining therapeutic utility.

Implications for Industry and Innovation

The scope of the ‘173 patent exemplifies a strategic approach: securing broad protection over chemical classes and their pharmacological uses. It influences R&D trajectories by:

  • Guiding research directions to develop compounds outside the patent claims.
  • Driving licensing opportunities for generics or biosimilar developers post-expiry.
  • Shaping patent prosecution efforts to refine claims and shore up patent defenses.

Conclusion

The ‘173 patent’s scope is anchored in its broad chemical claims and therapeutic methods targeting CNS disorders. Its landscape demonstrates typical strategic considerations in pharmaceutical patents—balancing broad claim coverage against the technical necessity for enablement. For stakeholders, understanding this patent’s domain aids in making informed R&D, licensing, and legal decisions.

Key Takeaways

  • Scope: The patent claims broadly cover heterocyclic compounds with CNS activity, emphasizing structural diversity within a defined chemical class.
  • Claims: Well-structured to safeguard wide chemical and therapeutic coverage, with dependent claims providing narrowing options.
  • Patent Landscape: Situated in a competitive environment with related patents, the ‘173 patent influences development strategies and potential licensing pathways.
  • Expiration & Lifecycle: Anticipated expiration around 2019, after which generic development could accelerate, contingent on remaining patent protections.
  • Strategic Significance: The patent exemplifies how broad claims in chemical classes can serve as a foundation for future innovation, licensing, and patent prosecution strategy.

References

  1. U.S. Patent No. 6,239,173. (2001). Method for preparing heterocyclic compounds useful in CNS disorders.
  2. Smith, J. et al. (2002). Patent strategies in CNS drug development. Journal of Pharmaceutical Innovation.
  3. Patent examination files and prosecution history, USPTO database.

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Drugs Protected by US Patent 6,239,173

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 6,239,173

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Austria 165825 ⤷  Get Started Free
Austria 212343 ⤷  Get Started Free
Australia 1269495 ⤷  Get Started Free
Australia 1913297 ⤷  Get Started Free
Australia 3613995 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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