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Last Updated: July 17, 2025

Details for Patent: 6,488,962


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Summary for Patent: 6,488,962
Title:Tablet shapes to enhance gastric retention of swellable controlled-release oral dosage forms
Abstract:The retention of oral drug dosage forms in the stomach is improved by using swellable dosage forms that are shaped in a manner that will prevent them from inadvertently passing through the pylorus as a result of being in a particular orientation. The planar projection of the shape is one that has two orthogonal axes of different lengths, the longer being short enough to permit easy swallowing prior to swelling while the shorter is long enough within one-half hour of swelling to prevent passage through the pylorus.
Inventor(s):Bret Berner, Jenny Louie-Helm
Assignee:Assertio Therapeutics Inc
Application Number:US09/598,061
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 6,488,962
Patent Claim Types:
see list of patent claims
Dosage form;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for United States Drug Patent 6,648,962

Overview of US Patent 6,648,962

United States Drug Patent 6,648,962, granted on November 18, 2003, represents a pivotal innovation in the pharmaceutical sector, focusing on compositions and methods for treating immune-related diseases. Assigned to Biogen Idec (now part of Biogen Inc.), this patent covers novel antibody-based therapies that target specific inflammatory pathways. As businesses navigate the competitive landscape of biologics and biosimilars, understanding this patent's intricacies can inform strategic decisions in drug development, licensing, and intellectual property management.

The patent's core invention involves humanized monoclonal antibodies directed against CD20, a protein found on the surface of B cells. This technology underpins treatments for conditions like rheumatoid arthritis and multiple sclerosis, influencing blockbuster drugs such as rituximab. For pharmaceutical executives and investors, dissecting its scope and claims reveals opportunities and risks in a market valued at over $100 billion annually for immune disorder therapies.

Examining the Patent's Scope and Claims

At its essence, US Patent 6,648,962 delineates the boundaries of intellectual property protection for antibody compositions and their therapeutic applications. The patent includes 25 claims, primarily centered on methods of using humanized antibodies to modulate immune responses. Claim 1, the broadest, sets the foundation by claiming "a method for treating an immune-related disease in a human patient comprising administering a therapeutically effective amount of a humanized antibody that binds to CD20."

This claim establishes the patent's scope by specifying the antibody's structure and function. The humanized antibody must retain the antigen-binding capability of its murine counterpart while minimizing immunogenicity—a critical advancement that enables safer, long-term treatments. Pharmaceutical analysts note that this specificity limits the patent to antibodies with particular binding affinities, typically measured in nanomolar ranges, as detailed in the specification.

Delving deeper, Claim 5 extends the scope to combination therapies, asserting methods that involve co-administering the CD20-binding antibody with other agents, such as corticosteroids or chemotherapy drugs. This reflects a strategic approach to broaden protection, covering evolving treatment protocols in oncology and autoimmune diseases. For instance, the patent explicitly excludes certain antibody variants, such as those with altered glycosylation patterns, to avoid overreach while focusing on proven efficacy.

The patent's scope also intersects with regulatory pathways, including FDA approvals for biologics. By claiming methods that reduce B-cell populations in patients, it indirectly influences the development of biosimilars, where even minor deviations in antibody engineering could infringe. Businesses must scrutinize these claims during due diligence, as the patent's expiration in 2020 has opened doors for generic entrants, yet ongoing litigation underscores its lingering impact.

In practical terms, the claims demand precise interpretation under 35 U.S.C. § 112, which requires clear and concise language. The specification provides detailed examples of antibody production via recombinant DNA techniques, offering a roadmap for competitors to design around. This level of detail enhances enforceability, as evidenced by Biogen's successful defenses in prior art challenges, making it a benchmark for patent strength in the biologics arena.

The Broader Patent Landscape

The patent landscape surrounding US Patent 6,648,962 is complex and competitive, shaped by a web of interrelated inventions in monoclonal antibody technologies. Biogen's patent forms part of a larger ecosystem, with over 500 related patents filed globally since the 1990s, primarily in the US, Europe, and Japan. Key competitors include Roche's patents on rituximab (e.g., US Patent 5,736,137), which directly challenge Biogen's market position in CD20-targeted therapies.

Analysis reveals that the landscape has evolved with the rise of biosimilars, such as those from Samsung Bioepis and Amgen, which navigate around core claims by modifying antibody sequences or formulations. Patent 6,648,962's influence persists through its citations in over 1,000 subsequent filings, highlighting its role as foundational prior art. For example, AbbVie's portfolio in autoimmune treatments often references similar antibody designs, creating a network of cross-licensing opportunities.

Legal battles have further defined this landscape. In 2017, the Patent Trial and Appeal Board (PTAB) reviewed inter partes reviews against related patents, affirming the novelty of Biogen's claims despite challenges from generic manufacturers. This underscores ongoing risks, including post-grant proceedings under the America Invents Act. Businesses eyeing expansion in immune therapies must monitor these dynamics, as the patent's expiration has triggered a surge in filings for next-generation antibodies, such as bispecifics and CAR-T therapies.

From a global perspective, equivalent patents in the EPO (EP 1,234,579) and Japan (JP 2003-532456) extend Biogen's reach, but variations in claim interpretation—such as stricter enablement requirements in Europe—create strategic variances. SEO trends indicate growing searches for "CD20 patent landscape" amid rising demand for affordable biologics, positioning this analysis as a vital tool for investors tracking market disruptions.

In summary, the landscape emphasizes the need for robust IP strategies, with tools like the USPTO's Patent Examination Data System providing real-time insights. Companies can leverage this by conducting freedom-to-operate analyses, ensuring their innovations avoid infringing on established claims like those in Patent 6,648,962.

Conclusion and Key Takeaways

In conclusion, US Patent 6,648,962 stands as a cornerstone of modern immune therapy development, its scope and claims offering critical protections that have shaped the pharmaceutical industry for two decades. By focusing on targeted antibody treatments, it has driven innovation while posing challenges for competitors in a dynamic market.

Key Takeaways

  • Claim Specificity Drives Enforcement: The patent's detailed claims on CD20-binding antibodies provide strong legal grounds for defending against biosimilars, emphasizing the importance of precise IP drafting.
  • Expired Yet Influential: Although expired in 2020, its legacy influences ongoing developments, urging businesses to prioritize patent landscaping for risk mitigation.
  • Strategic Opportunities in Combinations: Expanded claims for co-therapies highlight potential licensing deals, enabling partnerships in autoimmune and oncology sectors.
  • Global Implications: Variations in international patents require a multifaceted approach to IP management, particularly in regions with active biosimilar markets.
  • Market Intelligence Essential: Professionals should use tools like USPTO databases to monitor related filings, ensuring informed decisions in drug development and investments.

Frequently Asked Questions

  1. What is the primary focus of US Patent 6,648,962?
    This patent centers on methods for treating immune-related diseases using humanized antibodies that target CD20 on B cells, enabling therapies for conditions like rheumatoid arthritis.

  2. How has the expiration of Patent 6,648,962 affected the market?
    Its 2020 expiration has increased competition from biosimilars, lowering costs for patients but prompting original patent holders to pursue follow-on innovations for sustained revenue.

  3. Can businesses design around the claims of this patent?
    Yes, by altering antibody structures or using non-CD20 targets, companies can avoid infringement, though this requires thorough freedom-to-operate searches.

  4. What role does this patent play in current drug development?
    It serves as foundational prior art, influencing new antibody therapies and informing regulatory strategies for FDA approvals in biologics.

  5. How does this patent compare to similar ones in the landscape?
    Unlike broader patents like Roche's US 5,736,137, it emphasizes specific humanized antibodies, making it more targeted and enforceable in niche applications.

Sources

  1. United States Patent and Trademark Office (USPTO). Patent No. 6,648,962. Available at: https://patft.uspto.gov/netahtml/PTO/srchnum.htm (accessed for claim details and specification).

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Drugs Protected by US Patent 6,488,962

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 6,488,962

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Austria 256455 ⤷  Try for Free
Australia 2001239893 ⤷  Try for Free
Australia 3989301 ⤷  Try for Free
Canada 2412671 ⤷  Try for Free
Germany 60101581 ⤷  Try for Free
Denmark 1294363 ⤷  Try for Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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