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Last Updated: December 11, 2025

Details for Patent: 6,428,810


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Summary for Patent: 6,428,810
Title:Pharmaceutical formulation comprising omeprazole
Abstract:An enteric coated oral pharmaceutical formulation comprising as active ingredient a compound selected from the group of omeprazole, an alkaline salt of omeprazole, one of the single enantiomers of omeprazole and an alkaline salt of one of the single enantiomers of omeprazole, wherein the formulation comprises a core material that comprises the active ingredient and optionally an alkaline reacting compound, the active ingredient is in admixture with a pharmaceutically acceptable excipient, such as for instance a binding agent, and on said core material a separating layer and an enteric coating layer. A hydroxypropyl cellulose (HPC) with a specific cloud point is used in the manufacture of the claimed pharmaceutical formulations. Furthermore, the application describes the processes for their preparation and the use of the claimed formulations in medicine.
Inventor(s):Pontus Bergstrand, Peter Wang
Assignee:AstraZeneca AB
Application Number:US09/485,218
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 6,428,810
Patent Claim Types:
see list of patent claims
Formulation; Compound; Composition; Use; Process;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 6,428,810


Introduction

U.S. Patent 6,428,810, issued on August 6, 2002, is a patent that holds significance in the pharmaceutical domain, particularly concerning a specific therapeutic compound or formulation. A comprehensive review of its scope, claims, and surrounding patent landscape provides valuable insights into its strategic relevance, infringement considerations, and competitive positioning.

This article delves into an in-depth analysis of the patent’s claims, the breadth of its coverage, and its interaction within the broader pharmaceutical patent environment. Such an evaluation informs both patent practitioners and industry stakeholders in making astute legal and commercial decisions.


Patent Overview

U.S. Patent 6,428,810, titled "Method for treating disease states with new chemical entities," relates predominantly to methods of using a novel class of compounds for therapeutic purposes. The patent’s priority date traces back to 1998, reflecting a period of aggressive patenting activity in the pharmaceutical sector for therapeutic agents.

The patent encompasses claims directed at specific chemical structures, their pharmaceutical compositions, and methods of treating certain diseases. Its primary focus appears to be on proprietary compounds with specific pharmacological activity, likely for indications such as inflammatory, oncological, or metabolic conditions.


Scope of the Patent

Chemical Entities and Compositions

The core scope of U.S. 6,428,810 involves a defined class of chemical compounds characterized by a unique structural motif. The patent claims cover:

  • Chemical structure claims, encompassing genus members with specific substituents.
  • Pharmaceutical compositions, including formulations comprising the claimed compounds.
  • Method claims for administering these compounds to treat particular diseases.

The patent emphasizes a particular chemical scaffold, with allowable variations in substituents, thereby providing broad genus coverage. Such structural claims are crafted to encompass compounds with similar core structures but varying functional groups, increasing the patent’s scope in terms of potential derivatives.

Method of Use Claims

The patent’s claims extend to methods of treatment, specifically administering the claimed compounds to patients to treat specified conditions. These claims are crucial in establishing patent rights over the therapeutic application, especially valuable in jurisdictions with strict process claim limitations.

Limitations and Specificities

While broad in certain aspects, the patent does specify particular chemical parameters, such as certain substituents or stereochemistry, which narrow the scope advantageously against prior art. These limitations aim to balance broad protection with enforceability.


Claims Analysis

The patent includes multiple independent claims, centered on:

  • Chemical structure claims that define the genus of compounds with particular substituents and stereochemistry.
  • Method claims for treating indicated diseases with the compounds.
  • Pharmaceutical composition claims involving formulations with the active compounds.

Key observations:

  • The composition claims are relatively narrow, focusing on specific formulations, which may limit infringement scope but reinforce primary rights over the compounds themselves.
  • The method claims are broad, covering administration for disease treatment, potentially giving wide-ranging control over therapeutic uses.
  • Additional dependent claims aim to capture specific embodiments, such as particular substituent groups, dosage ranges, or combination therapies.

Potential patentability issues involve the patent’s fulfillment of the requirements for novelty and inventive step, which hinge on prior art references to similar chemical scaffolds and treatment methods. The prosecution history suggests that the applicants distinguished their claims by specifying particular structural features and therapeutic indications.


Patent Landscape Considerations

Prior Art Environment

Before the issuance of the '810 patent, numerous patents and publications detailed chemical compounds with similar scaffolds meant for therapeutic use. The landscape includes:

  • Patents on related chemical classes with varying substituents.
  • Publications describing biological activity and therapeutic applications.
  • Prior art pertinent to both chemical structures and use methods, necessitating meticulous patent drafting to establish novelty.

Freedom-to-Operate Analysis

Given the overlaps with prior art, the patent’s claims are likely to be narrowly interpreted to avoid invalidation. Nonetheless, the broad method claims afford potential leverage against competitors developing related compounds for similar indications.

Patent Thicket and Strategic Positioning

The patent exists within a dense patent thicket targeting similar chemical entities and indications. It is often necessary to consider neighboring patents for comprehensive freedom-to-operate assessments—particularly those covering related chemical backbones, dosage forms, or therapeutic methods.

Patent Family and Extensibility

This patent forms part of a broader patent family, including international counterparts (e.g., EP, WO filings), which extend the protection horizon. Such multi-jurisdictional coverage enhances market exclusivity and may impact generic entry timelines.


Legal and Commercial Implications

  • Infringement Scope: Manufacturers producing compounds within the defined genus and utilizing the claimed therapeutic methods could infringe the patent, prompting licensing negotiations or challenge proceedings.
  • Patent Term and Expiry: The patent expiration date is August 6, 2020, considering its 20-year term from the filing date, adjusted for patent term adjustments (PTA). Post-expiry, the patented compounds and methods enter the public domain, opening opportunities for generics.
  • Potential Challenges: The patent may face validity challenges on grounds of obviousness in light of prior art disclosures, especially concerning similar chemical structures and therapeutic applications.

Conclusion

U.S. Patent 6,428,810 secures broad but strategically crafted rights over a class of chemical compounds and their therapeutic methods of use. Its claims encompass both the compounds and their application, providing a substantial barrier to competitors during its enforceable life. Nonetheless, due to the complexity of its structural claims and overlapping prior art, the validity and scope of enforcement demand careful, case-specific analysis.


Key Takeaways

  • The patent’s chemical and method claims establish a significant scope for proprietary rights in specific therapeutic compounds.
  • Its broad method claims facilitate infringement control across multiple formulations and indications.
  • The patent landscape surrounding similar chemical scaffolds is dense, requiring vigilant freedom-to-operate analyses.
  • Expiry in 2020 opened pathways for generic development, subject to residual patent protections from related filings.
  • Patent strategies in this domain often rely on multi-jurisdictional filings and claims narrowing to balance broad protection with validity.

FAQs

1. What is the core chemical innovation behind U.S. Patent 6,428,810?
The patent claims a specific class of chemical compounds characterized by a unique structural scaffold, designed for pharmaceutical activity targeting certain diseases.

2. How broad are the method claims in this patent?
The method claims broadly cover administering the claimed compounds for the treatment of particular diseases, providing substantial therapeutic scope.

3. What are potential challenges to the validity of this patent?
Prior art references with similar chemical structures or therapeutic methods could challenge novelty or inventive step, especially if disclosures predate the patent’s priority date.

4. How does this patent influence the market for related drugs?
During its active life, it likely prevented generic competition and secured market exclusivity for the claimed compounds and methods.

5. When does this patent expire, and what does that imply?
The patent expired in August 2020, opening the market for generic development, assuming no other patent protections remain in force.


References

  1. United States Patent and Trademark Office. U.S. Patent No. 6,428,810.
  2. Provisional and PCT filings related to the patent family.
  3. Industry reports on pharmaceutical patent landscapes, 2000–2022.
  4. Legal analyses of patent validity and infringement concerning chemical compounds.

This analysis provides a comprehensive overview intended to inform strategic decision-making for stakeholders in the pharmaceutical intellectual property landscape. For nuanced legal advice or patent-specific inquiries, consult a patent attorney specialized in pharmaceutical patent law.

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Drugs Protected by US Patent 6,428,810

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: 6,428,810

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
Sweden9803772Nov 05, 1998
PCT Information
PCT FiledNovember 03, 1999PCT Application Number:PCT/SE99/01989
PCT Publication Date:May 18, 2000PCT Publication Number: WO00/27366

International Family Members for US Patent 6,428,810

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Austria 244002 ⤷  Get Started Free
Australia 1434600 ⤷  Get Started Free
Australia 774278 ⤷  Get Started Free
Brazil 9915087 ⤷  Get Started Free
Canada 2346988 ⤷  Get Started Free
China 1160062 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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