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Details for Patent: 6,254,887
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Summary for Patent: 6,254,887
| Title: | Controlled release tramadol | |||||||||||||||||||||||||||
| Abstract: | A controlled release preparation for oral administration contains tramadol, or a pharmaceutically acceptable salt thereof, as active ingredient. | |||||||||||||||||||||||||||
| Inventor(s): | Ronald Brown Miller, Stewart Thomas Leslie, Sandra Therese Antoinette Malkowska, Kevin John Smith, Walter Wimmer, Horst Winkler, Udo Hahn, Derek Allan Prater | |||||||||||||||||||||||||||
| Assignee: | NAPP PHARMACEUTICAL GROUP Ltd , Purdue Pharma LP | |||||||||||||||||||||||||||
| Application Number: | US08/677,798 | |||||||||||||||||||||||||||
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Patent Claim Types: see list of patent claims | Composition; Formulation; Dosage form; | |||||||||||||||||||||||||||
| Patent landscape, scope, and claims: | United States Patent 6,254,887 Scope and Claims Analysis: 24-Hour Controlled-Release Oral Tramadol Dissolution and PK RequirementsUS Patent 6,254,887 claims controlled-release (CR) oral tramadol formulations designed to meter tramadol release over ~24 hours using specific in vitro dissolution targets measured by the Ph. Eur. paddle method in 0.1 N HCl (37°C, 900 mL, 100 rpm, UV 270 nm). Claim scope centers on (i) a CR-coated tramadol-containing substrate, (ii) quantified dissolution release windows at multiple timepoints, and (iii) additional product-performance features for certain embodiments including dosing interval (24-hour and 12-hour), PK surrogates (tmax and W50), and substrate form (spheroids, beads, tablets) and coating class (water-insoluble wax/polymer/cellulose). The landscape risk for challengers is that the claim is not limited to a single multipart composition detail; it is anchored to multi-point dissolution and performance ranges that are harder to avoid with simple formulation tweaks. What does US Patent 6,254,887 claim for tramadol controlled-release oral dosing?Core claim architecture (independent claim 1):
Dissolution-release constraints in Claim 1 (the primary claim “fence”)Claim 1 requires these timepoint bands (Ph. Eur. paddle, 0.1 N HCl, UV 270 nm):
This structure is characteristic of a formulation patent that uses dissolution kinetics as a proxy for in vivo performance, while staying broad on many intermediate points (several ranges extend to 100%). What “therapeutic effect for about 24 hours” addsThe claim ties the dissolution behavior to a clinical objective. Even though the in vitro dissolution is quantified, “therapeutic effect” is still an additional functional constraint that may be argued via PK/PD bridging. How are the dependent claims narrowing the dissolution and performance requirements?Several dependent claims define alternative dissolution tables or add pharmacokinetic metrics that are commonly used in CR differentiation. Dependent claims with alternate dissolution schedules (Claims 2–4, 14–17, 18)Claim 2 (specific dissolution table):
Claim 3 (extended dissolution table):
Claim 4 (different mid-course profile):
Claim 14 (tablet + Claim 1 dissolution + performance W50) Claim 14 requires:
Claim 15 appears to be a dependent rewrite issue Claim 16 (W50 band)
Claim 17 (another dissolution table):
Claim 18 (tmax band):
Claims 9–11 add PK surrogates aligned to CR behaviorClaim 9:
Claim 10:
Claim 11:
These claims broaden “performance design space” beyond dissolution, giving additional angles for infringement by matching in vivo endpoints or acceptable regulatory bridges. What dosing interval scope is covered (24 hours vs 12 hours)?The patent covers two dosing paradigms through different claim groupings: q24h embodiments
q12h embodimentsClaim 7 covers dosing every 12 hours, with:
This is a meaningful carve: the required release pattern shifts earlier and the terminal-time requirements differ (e.g., 18 h >70% appears). What substrate forms and morphologies are claimed?The patent does not only claim a coating; it claims several substrate architectures often seen in multipart CR systems. Bead-based and spheroid-based substrate definitionsClaims 5–6 (spheroids):
Claims 20–22 (non-pareil beads):
Claims 24 (spheroids + substrate tablet form variant):
Tablet-specific claim coverage
In practice, the explicit tablet claims constrain manufacturing arguments because tablet CR designs typically involve specific granule and coating systems, yet the claim text stays anchored to dissolution/PK rather than exact coating thickness or excipient list. What coating material classes are within scope?Multiple dependent claims limit the CR coating composition to broad classes, leaving significant formulation freedom while still narrowing at least the coating chemistry. Claims 27, 28, 29, 30, 31, 32, 33: Coating material is selected from:
These claims create multiple “entry points” for infringement arguments where coating excipient selections fall into these classes, even if exact polymer identity differs. How do the claims use dissolution testing parameters to constrain “design around” options?The claim is highly specific on test method:
This matters in litigation because challengers often try to argue non-equivalence via different media, apparatus, rpm, or detection wavelength. Here, infringement testing is tied to a standardized protocol, which can reduce disputes about “what the test was.” Still, note that many intermediate timepoint ranges are very broad (e.g., Claim 1 allows up to 100% at several times). That reduces the practical value of trying to “miss” by slightly shifting release in the mid window. A challenger would instead aim to break one of the claim-defining edges: too little release at the late timepoints (e.g., failing “>80% at 36 h” for q24h) or too much early release (e.g., failing “0–50% at 1 h” in Claim 1). Which dependent claims are most infringement-relevant for a generic or follow-on CR tramadol product?In high-stakes disputes, courts typically focus on the narrowest relevant claim that still reads on the accused product, and on whether the infringement theory can be supported with dissolution and PK testing. Highest-risk elements based on specificity
Lower-risk elements due to broad bandsAny claim with wide intermediate time windows (for example many “0–100%” ranges) is easier for a generic to fall into unintentionally. From a risk standpoint, infringement is less about achieving a precise middle kinetics shape and more about meeting the late and/or early cutoffs. How does US 6,254,887 compare with typical tramadol CR patent strategies?This patent uses a common controlled-release patent pattern:
Compared with CR patents that focus narrowly on a single polymer system or a single geometric mechanism, this one is less “materials-exclusive” and more “performance-exclusive,” which increases the chance that multiple product designs can read on the same claim if their dissolution profile is tuned into the claimed windows. What are the legal boundaries implied by the claim language (e.g., “consisting essentially of” and functional effect)?“Consisting essentially of” appears in Claim 19Claim 19 narrows the opioid analgesic to “consisting essentially of tramadol or a salt thereof.” That limits inclusion of other active ingredients as part of the claimed formulation. A multi-API fixed dose tramadol combination would likely fall outside that language unless the additional components are excluded as not part of “consisting essentially of.” “Therapeutic effect for about 24 hours” and “about 12 hours”These phrases can be argued as functional/intent constraints. In practice, performance is supported by tmax and W50 dependent claims when available, and by dissolution-extrapolated performance when PK data are not directly available. Claim coverage summary matrix (what to test for infringement)
What is the patent landscape around US 6,254,887 for tramadol CR systems?The prompt provides only the claim set for US 6,254,887 and does not provide:
With those missing, a complete landscape map (other patents and their claim scope adjacency, family members, and freedom-to-operate competitors) cannot be produced from the provided information alone. Key Takeaways
FAQs1) What single dissolution parameter is most important in Claim 1 to avoid infringement?The 36-hour late timepoint (>80% release at 36 h) is the strongest late “fence” for q24h embodiments. 2) Can a different coating polymer avoid coverage if dissolution matches the claimed profile?Not reliably. Claims 27–33 limit coating materials to classes, but the primary claims are anchored to dissolution performance, which can be met with different polymers in some cases. 3) Do the claims require a specific tramadol salt?The claims cover tramadol or a salt thereof, so salt selection does not remove coverage unless the formulation falls outside the claim construction for “tramodol or salt thereof.” 4) How do tmax/W50 claims change the infringement analysis?They create additional routes to infringement using in vivo endpoints, which can matter when dissolution similarity is argued but PK bridging data are available. 5) Does the patent cover spheroid and bead-based substrates as alternatives?Yes. The claim set includes substrate embodiments using spheroids (and spheronizing agent) and inert non-pareil beads coated with tramadol, plus tablet embodiments. References (APA)
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Drugs Protected by US Patent 6,254,887
| 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: 6,254,887
International Family Members for US Patent 6,254,887
| Country | Patent Number | Estimated Expiration | Supplementary Protection Certificate | SPC Country | SPC Expiration |
|---|---|---|---|---|---|
| Austria | 138566 | ⤷ Start Trial | |||
| Austria | 172376 | ⤷ Start Trial | |||
| Austria | 184786 | ⤷ Start Trial | |||
| Austria | 196079 | ⤷ Start Trial | |||
| >Country | >Patent Number | >Estimated Expiration | >Supplementary Protection Certificate | >SPC Country | >SPC Expiration |
