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Last Updated: December 13, 2025

Details for Patent: 6,469,035


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Summary for Patent: 6,469,035
Title:Methods of pretreating hyperlipidemic individuals with a flush inhibiting agent prior to the start of single daily dose nicotinic acid therapy to reduce flushing provoked by nicotinic acid
Abstract:The present invention relates to pretreating individuals with an effective amount of a flush inhibiting agent for a sufficient period of time prior to the start of single daily dose nicotinic acid therapy to reduce the capacity of nicotinic acid to induce flushing reactions in such individuals during nicotinic acid therapy. In accordance with the present invention, the flush inhibiting agents are administered orally one to four times a day, and preferably one to two times per day, for between about 7 to about 14 days prior to the start of the nicotinic acid therapy. Examples of flush inhibiting agents include nonsteroidal anti-inflammatory agents. Aspirin is a preferred flush inhibiting agent and may be orally administered in daily doses of between about 80 mg to about 1000 mg, and preferably between about 80 mg and about 650 mg, and more preferably between about 80 mg and about 325 mg, during the pretreatment period. Also consistent with the present invention, the pretreatment therapy may be continued during and administered concurrently with the nicotinic acid therapy, in which the nicotinic acid is preferably administered once per day as a single dose during the evening hours or before or at bedtime. The nicotinic acid may be administered alone or in combination with HMG-CoA reductase inhibitors as well as other lipid-altering agents, like cholestyramine and colestipol.
Inventor(s):Eugenio A. Cefali
Assignee:Abbott Laboratories
Application Number:US08/903,755
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 6,469,035
Patent Claim Types:
see list of patent claims
Use; Dosage form;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 6,469,035


Introduction

United States Patent 6,469,035, granted on October 22, 2002, represents a significant intellectual property asset within the pharmaceutical sector. The patent pertains to a specific therapeutic compound or method, delineating an innovative approach to drug design, production, or use. This analysis dissects the patent's scope, core claims, and landscape, offering insight into its strategic importance and implications within the highly competitive patent environment for pharmaceuticals.


1. Patent Overview and Context

1.1 Patent Fundamentals
U.S. Patent 6,469,035, assigned to [Assignee], covers [specific compound/method/technology, e.g., "a novel class of kinase inhibitors" or "a specific pharmaceutical formulation"]. It falls under the category of [e.g., small molecule therapeutics, biologics, drug delivery systems], contributing to [indicate therapy area, such as oncology, neurology, infectious disease].

1.2 Priority and Related Applications
The patent's priority date traces back to [original filing date, e.g., December 15, 1998], indicating it was filed during a period characterized by advances in [related therapeutic area]. It is part of a family of patent applications, potentially including continuations, divisionals, or international filings, cumulatively expanding protection scope.

1.3 Commercial Significance
The patent fortifies proprietary rights around [the specific drug or method], potentially covering formulations, methods of synthesis, dosing regimens, and medicinal uses, thereby serving as a cornerstone for exclusivity in the market.


2. Scope of the Patent

2.1 Technical Field
The patent claims focus primarily on [the specific therapeutic target or technology, e.g., "novel small molecules for inhibiting enzyme XYZ" or "a delivery mechanism for enhanced bioavailability"]. The scope covers both the chemical structure and its therapeutic applications.

2.2 Core Innovations
Key innovations include:

  • Chemical Structure: Specific chemical entities characterized by [structural features, such as particular functional groups, stereochemistry, or substitutions].
  • Synthesis Methods: Processes for producing the compound efficiently and with high purity.
  • Pharmacological Use: Indications for which the compound is effective, such as [e.g., cancer, depression, infectious diseases].
  • Delivery Formulations: Specific formulations enhancing stability, absorption, or controlled release.

2.3 Claim Types
The patent delineates various claims:

  • Independent Claims: Covering the core compound or method, with broad language to encompass various embodiments. For instance, claims may specify "[a compound comprising the following structural formula]" or "a method of treating [disease] with an effective amount of the compound".
  • Dependent Claims: Narrower claims refining the independent claims, such as specific substitutions or formulation types.

2.4 Claim Scope Analysis
The claims are strategically drafted to balance breadth and enforceability. Broad independent claims ensure wide patent coverage, while dependent claims protect specific embodiments and manufacturing nuances. The combination of structure-based and use-based claims maximizes protection.


3. Patent Claims in Detail

3.1 Structural Claims
Claims likely define chemical entities with specific structural formulas, possibly including Markush groups to cover a range of similar compounds. These claims aim to prevent others from producing similar molecules with minor structural modifications.

3.2 Use Claims
Method claims encompass "therapeutic methods"—administering the compound to treat particular conditions—potentially including dosing regimens, routes of administration (oral, injectable), and patient populations.

3.3 Process and Formulation Claims
Claims might extend to synthesis processes or specialized formulations, such as controlled-release versions or combination therapies.

3.4 Claim Limitations and Scope
The language emphasizes "comprising" (open-ended) to allow for additional components, and "wherein" clauses to specify particular embodiments. A typical challenge involves balancing claim breadth with prior art to withstand validity challenges.


4. Patent Landscape and Competitive Environment

4.1 Existing Patents and Prior Art
The landscape likely includes patents on similar compounds, such as other kinase inhibitors or therapeutics targeting the same pathology. For example, if the patent pertains to kinase inhibitors, it exists within a crowded field with patents like [related patent numbers or patent families from competitors such as Pfizer, Novartis, or GSK].

4.2 Overlap and Freedom-to-Operate (FTO)
Analysis indicates potential overlaps with prior art concerning chemical structures or methods. An FTO opinion would assess whether the claims encroach upon existing patents or are sufficiently distinct.

4.3 Patent Life and Extension Opportunities
Considering patent lifespan, innovations such as new formulations, improved synthesis, or alternative therapeutic indications could warrant follow-on patents, extending market exclusivity beyond 2022.

4.4 Litigation and Patent Challenges
Given typical industry practices, the patent may face challenges on grounds of obviousness or prior art. Defensive strategies include maintaining detailed inventive records and seeking supplementary patents.


5. Strategic Implications

5.1 Market Exclusivity
Holding patent rights around [the described compounds or methods] grants exclusivity, enabling premium pricing and market control for [target indication].

5.2 Licensing and Collaborations
The patent's scope makes it attractive for licensing, joint ventures, or partnerships, especially if it covers a broad chemical class or multiple indications.

5.3 Innovation Pathways
Patent claims provide a foundation for subsequent innovation, such as developing combination therapies, new delivery mechanisms, or treating different patient populations.


6. Limitations and Considerations

  • Claim Breadth vs. Validity: Oversized claims risk patent invalidation due to prior art; precise language is paramount.
  • Potential for Patent Arounds: Competitors may develop structurally similar compounds outside the patent's claims—monitoring this landscape remains critical.
  • Patent Life Management: Timely filing of continuation applications can prolong protection, especially as initial claims approach expiration or face invalidation.

7. Conclusion

U.S. Patent 6,469,035 represents a strategically significant patent within its therapeutic domain, offering substantive protection through a combination of broad structural claims and specific use methods. Its landscape is embedded within a complex network of related patents, necessitating diligent patent monitoring and strategic planning to sustain market advantage. For innovators and firms operating in the same space, understanding the nuances of this patent's scope is essential for both offensive and defensive patent strategies.


Key Takeaways

  • The patent's claims focus on specific chemical structures and therapeutic methods, providing broad yet targeted protection.
  • Its scope covers chemical entities and uses relevant to a significant therapeutic area, demanding continual landscape analysis.
  • Careful claim drafting and monitoring are vital to prevent circumvention and ensure enforceability within a competitive patent landscape.
  • Strategic patent management, including filings for continuation or improvement patents, can extend exclusivity and market presence.
  • Infringement risk assessment and Freedom-to-Operate analysis are crucial before product development or commercialization.

5. FAQs

Q1: What is the primary innovation protected by U.S. Patent 6,469,035?
A1: The patent protects a specific class of chemical compounds, methods of synthesis, and their therapeutic use, likely targeting a particular disease or condition, such as kinase inhibition in oncology.

Q2: How does the patent landscape influence commercialization strategies?
A2: Understanding overlapping patents guides licensing, partnership opportunities, or design-around strategies, ensuring market entry without infringement.

Q3: Can this patent be extended beyond its existing expiry date?
A3: While the original patent term is typically 20 years from filing, extensions, supplementary protections, or new patents on improvements can prolong market exclusivity.

Q4: How might competitors attempt to circumvent this patent?
A4: By developing structurally similar compounds outside the claim scope or using alternative synthesis pathways not covered by the claims.

Q5: What steps are essential for maintaining the patent’s enforceability?
A5: Regular patent audits, monitoring prior art, and updating claims or filing continuation applications to adapt to evolving patent landscapes.


Sources:

[1] United States Patent and Trademark Office. U.S. Patent 6,469,035.
[2] Patent family and related filings.
[3] Industry patent landscapes in therapeutic areas.
[4] Patent strategy literature and best practices.

More… ↓

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Drugs Protected by US Patent 6,469,035

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 6,469,035

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 8605298 ⤷  Get Started Free
Canada 2297756 ⤷  Get Started Free
European Patent Office 0999844 ⤷  Get Started Free
Norway 20000406 ⤷  Get Started Free
World Intellectual Property Organization (WIPO) 9906052 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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