Details for Patent: 6,455,574
Summary for Patent: 6,455,574
| Title: | Therapeutic combination | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Abstract: | This invention relates to pharmaceutical combinations of amlodipine or a pharmaceutically acceptable acid addition salt thereof and atorvastatin or a pharmaceutically acceptable salt thereof, kits containing such combinations and methods of using such combinations to treat subjects suffering from angina pectoris, atherosclerosis, combined hypertension and hyperlipidemia and to treat subjects presenting with symptoms of cardiac risk, including humans. This invention also relates to additive and synergistic combinations of amlodipine and atorvastatin whereby those synergistic combinations are useful in treating subjects suffering from angina pectoris, atherosclerosis, combined hypertension and hyperlipidemia and those subjects presenting with symptoms of cardiac risk, including humans. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Inventor(s): | Jan Buch | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Assignee: | Pfizer Corp SRL | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Application Number: | US09/512,914 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Patent Claim Types: see list of patent claims | Use; Composition; | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Patent landscape, scope, and claims: | US Patent 6,455,574: Claim Scope, Expiration, FDA Status, and Patent Landscape for the Amlodipine-Atorvastatin CombinationUS Patent 6,455,574 protected prescribed treatment of hypertension and hyperlipidemia using amlodipine and atorvastatin in a single pharmaceutical composition. The patent covered the therapeutic method used by Pfizer’s Caduet product, including amlodipine besylate and atorvastatin calcium. Its nominal United States patent term ended in 2018, subject to any applicable patent-term adjustment or extension. The patent no longer creates a current United States patent barrier to generic amlodipine-atorvastatin products. The claims are method claims rather than composition claims. They require the administration of both active ingredients together in one pharmaceutical composition. They do not require a particular dose, tablet strength, release profile, excipient, manufacturing process, or clinical outcome. What does US Patent 6,455,574 protect?The patent protects a fixed-dose combination treatment method for patients with hypertension and hyperlipidemia.
The core commercial embodiment is a tablet containing amlodipine besylate and atorvastatin calcium, corresponding to Caduet. The claims are broader than a specific Caduet strength because they do not recite a particular milligram combination. How are the 12 claims structured?The claims contain three overlapping claim groups. Claims 1 through 4: broad combination-treatment claimsClaim 1 is the principal broad claim. It requires:
Claims 2 through 4 narrow the chemical forms:
Claims 5 through 8: diagnosed or prescribed patientsClaims 5 through 8 add clinical and prescribing facts. The patient must have been diagnosed with hypertension and hyperlipidemia, or the risk of those conditions, and combined administration must have been prescribed. This group may be narrower in litigation because it includes requirements concerning diagnosis, therapeutic benefit, and prescription. Claims 6 through 8 repeat the salt limitations found in claims 2 through 4. Claims 9 through 12: medical examination and diagnosisClaims 9 through 12 require that the mammal:
This is the most fact-specific group. It places greater emphasis on the physician’s examination and diagnosis before administration. What are the key claim limitations in US 6,455,574?The single-composition limitation is the principal technical limitation. A regimen using separate amlodipine and atorvastatin tablets would not literally satisfy the requirement that both active ingredients be administered together in a single pharmaceutical composition. A patient taking one amlodipine tablet and one atorvastatin tablet at the same time would therefore present a materially different infringement analysis from a patient taking a fixed-dose combination tablet. The claims also require the two ingredients to be administered together. The patent does not expressly define whether “together” requires simultaneous ingestion, administration within a specified time interval, or simply joint inclusion in one product. For the commercial fixed-dose product, that issue is largely immaterial because both ingredients are contained in the same dosage unit. The following limitations are absent:
Does the patent cover Caduet?Yes. Caduet combines amlodipine besylate and atorvastatin calcium in a single oral tablet. That product falls within the central technical formulation described by claims 1 through 4 and, when prescribed following examination and diagnosis, can also fall within claims 5 through 12. The FDA-approved Caduet label identifies the product as a combination of amlodipine besylate and atorvastatin calcium for patients requiring treatment of hypertension and dyslipidemia or additional blood-pressure and lipid lowering [2]. The patent does not depend on the Caduet trademark. It covers the active-ingredient combination and method of use, regardless of brand name. When did US Patent 6,455,574 expire?The patent issued on September 24, 2002. Public patent records identify an earliest relevant United States filing date in 1998, with an earlier provisional priority claim. The nominal 20-year patent term therefore ran to approximately June 5, 2018, subject to patent-term adjustment or any applicable extension recorded by the USPTO [1].
A provisional application does not ordinarily begin the 20-year patent term. The operative term calculation is generally tied to the qualifying nonprovisional or international application filing date, not the provisional priority date. What was the Orange Book status of US 6,455,574?US 6,455,574 was listed in connection with Caduet, an FDA-approved fixed-dose combination product marketed by Pfizer. The patent listing supported regulatory exclusivity against ANDA applicants that sought approval for an equivalent amlodipine-atorvastatin product during the patent term [3]. The listing did not convert the patent into a composition patent. The patent remained a method patent, and the regulatory consequences depended on the product’s proposed labeling, certification, and the scope of the listed method of use. After expiration, the patent ceased to block FDA approval or commercial launch on patent-term grounds. The Orange Book’s current status should be distinguished from historical listing status. An expired patent may remain visible in historical regulatory records even though it no longer provides enforceable exclusivity. Were Paragraph IV challenges relevant to this patent?Yes. Generic applicants seeking approval for fixed-dose amlodipine-atorvastatin products could challenge the patent through an ANDA Paragraph IV certification. The principal arguments available to an ANDA applicant would have included:
A fixed-dose generic tablet containing amlodipine and atorvastatin would have faced the greatest exposure under claim 1 because the product itself satisfies the single-composition feature and the generic label would ordinarily describe treatment of hypertension and dyslipidemia. The diagnosis and prescription wording in claims 5 through 12 could create narrower infringement questions. A manufacturer generally does not administer the product to the patient. Liability would therefore depend on the conduct of prescribers, dispensers, patients, and the content of the product labeling under the applicable direct and induced-infringement standards. What patent landscape surrounded amlodipine, atorvastatin, and Caduet?The combination patent was only one component of the historical exclusivity structure.
The underlying active ingredients were already established drugs. The commercial value of US 6,455,574 came from combining them into one product and linking the combination to patients requiring treatment of both cardiovascular risk factors. A separate patent covering atorvastatin calcium crystal form, manufacturing, or formulation would not automatically extend the term of US 6,455,574. Each patent must be analyzed claim by claim and jurisdiction by jurisdiction. How strong was the patent estate for Caduet?The patent estate was commercially effective during its term but technically concentrated. Strengths
Weaknesses
Overall, the patent was stronger as a product-linked method patent than as a broad platform patent. Its practical value depended on fixed-dose combination products and labeling that encouraged the claimed treatment. What generic launch risks existed after expiration?After the patent’s expiration, the principal barriers shifted from patent enforcement to FDA approval, formulation development, manufacturing scale, bioequivalence, and commercial pricing. Generic product risksA generic manufacturer still had to address:
The patent did not prevent a generic company from developing separate amlodipine and atorvastatin products. Its historical importance was directed to the single-tablet combination. Biosimilar riskThere is no biosimilar pathway relevant to this patent. Amlodipine and atorvastatin are small-molecule drugs regulated through the ANDA pathway, not biologic products regulated under the Public Health Service Act. The competitive threat is generic substitution, not biosimilar interchangeability. How does Caduet compare with separate amlodipine and atorvastatin products?
What litigation and settlement issues affected the patent?A complete litigation history requires review of the USPTO patent file, PACER docket records, FDA Orange Book history, and any publicly filed settlement agreements. The supplied claim text establishes the patent’s scope but does not establish the parties, dates, or terms of any particular Paragraph IV litigation or settlement. The legally material settlement provisions would include:
No settlement can be inferred solely from the issued claims. What geographic coverage did US 6,455,574 provide?The patent provided rights only in the United States. It did not automatically protect Caduet or an equivalent combination in Canada, Europe, Japan, or other markets. Foreign protection would require corresponding national or regional patent rights. The existence, term, claim scope, and enforceability of foreign family members had to be assessed separately. Patent expiration in the United States did not necessarily establish simultaneous expiration elsewhere. Key Takeaways
FAQs About US Patent 6,455,574Does US 6,455,574 cover atorvastatin alone?No. The claims require both amlodipine and atorvastatin in the claimed treatment method. Does the patent cover two separate tablets taken together?The claims expressly require administration in a single pharmaceutical composition. Two separate tablets generally do not satisfy that limitation literally. What salts are covered by the patent?The claims cover amlodipine and pharmaceutically acceptable acid addition salts, including amlodipine besylate. They also cover atorvastatin and pharmaceutically acceptable salts, including atorvastatin hemicalcium. Is Caduet still protected by this patent?No. US 6,455,574 is expired. Current commercial protection, if any, must be evaluated under other patents, regulatory exclusivities, trademarks, or market-specific rights. Can a company launch a generic amlodipine-atorvastatin tablet after patent expiration?Yes, provided the product receives FDA approval and satisfies applicable requirements for bioequivalence, labeling, manufacturing, quality, and market authorization. References
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Drugs Protected by US Patent 6,455,574
| 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 6,455,574
| Country | Patent Number | Estimated Expiration | Supplementary Protection Certificate | SPC Country | SPC Expiration |
|---|---|---|---|---|---|
| European Patent Office | 1003503 | ⤷ Start Trial | SZ 30/2006 | Austria | ⤷ Start Trial |
| European Patent Office | 1003503 | ⤷ Start Trial | 91253 | Luxembourg | ⤷ Start Trial |
| European Patent Office | 1003503 | ⤷ Start Trial | 05C0048 | France | ⤷ Start Trial |
| European Patent Office | 1003503 | ⤷ Start Trial | C01003503/01 | Switzerland | ⤷ Start Trial |
| >Country | >Patent Number | >Estimated Expiration | >Supplementary Protection Certificate | >SPC Country | >SPC Expiration |
