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Details for Patent: 6,525,060
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Summary for Patent: 6,525,060
| Title: | Triazolo(4,5-d)pyrimidine compounds | |||||||||||||||||||||||||||||||||||||||||||||||||||
| Abstract: | Triazolo[4,5-d]pyrimidine compounds, their use as medicaments, compositions containing them and processes for their preparation. The compounds of the invention have the formula (I) as follows: wherein R, X and R1 through R3 are as defined in the specification. | |||||||||||||||||||||||||||||||||||||||||||||||||||
| Inventor(s): | David Hardern, Anthony Ingall, Brian Springthorpe, Paul Willis, Simon Guile | |||||||||||||||||||||||||||||||||||||||||||||||||||
| Assignee: | AstraZeneca UK Ltd , AstraZeneca AB | |||||||||||||||||||||||||||||||||||||||||||||||||||
| Application Number: | US09/508,195 | |||||||||||||||||||||||||||||||||||||||||||||||||||
| Patent Litigation and PTAB cases: | See patent lawsuits and PTAB cases for patent 6,525,060 | |||||||||||||||||||||||||||||||||||||||||||||||||||
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Patent Claim Types: see list of patent claims | Use; Composition; Process; | |||||||||||||||||||||||||||||||||||||||||||||||||||
| Patent landscape, scope, and claims: | US Patent 6,525,060: Ticagrelor Compound Scope, Claims, Expiration, and Patent LandscapeUS Patent 6,525,060 is a foundational AstraZeneca patent covering triazolotriazine and triazolopyrimidine antiplatelet compounds, including ticagrelor, the active ingredient in Brilinta. Its principal genus claim covers substituted cyclopentane nucleoside analogues bearing a triazolopyrimidine core, a cyclopropylamine substituent, and selected thioalkyl groups. The patent issued on February 25, 2003, and its US patent term expired in 2020, subject to any applicable patent-term adjustment or pediatric exclusivity. The patent remains commercially important because it identifies the original compound class and contains claims directed to ticagrelor itself, pharmaceutical compositions, post-myocardial-infarction treatment, stroke treatment, intermediates, and manufacturing chemistry. It is no longer an enforceable barrier to US generic entry, but its disclosure remains relevant to validity, obviousness, written-description, and freedom-to-operate analyses involving later patents. What drug does US Patent 6,525,060 protect?US 6,525,060 protects compounds in the triazolo[4,5-d]pyrimidine class, including ticagrelor. Ticagrelor is the compound corresponding to the claimed structure:
The compound is a reversible P2Y12 platelet receptor antagonist. AstraZeneca markets ticagrelor in the United States under the Brilinta brand. The claims supplied by the user correspond closely to the chemical and therapeutic disclosure associated with ticagrelor and related analogues. The patent does not use the modern INN name "ticagrelor" in the claims. Instead, it claims the compound by stereochemically defined chemical structure. How broad is claim 1 of US 6,525,060?Claim 1 is a Markush genus claim covering a large family of stereochemically defined triazolopyrimidine compounds. The principal variables are:
The structural core disclosed by the claims contains:
Claim 1 is narrowed by three express provisos:
These provisos are significant. They prevent the broad language from covering certain combinations of an unsubstituted phenyl group, a propylthio group, and particular side-chain configurations. In a claim-construction or invalidity analysis, the provisos would be treated as substantive limitations rather than drafting surplusage. Does claim 1 cover ticagrelor?Yes. Ticagrelor falls within the claim 1 genus and is expressly identified by the species recited in claim 5. The ticagrelor configuration is generally represented as:
The claim 5 species corresponding to ticagrelor is: "[1S-(1α,2α,3β(1S,2R),5β)]-3-[7-[[2-(3,4-Difluorophenyl)cyclopropyl]amino]-5-(propylthio)-3H-1,2,3-triazolo[4,5-d]pyrimidin-3-yl]-5-(2-hydroxyethoxy)-cyclopentane-1,2-diol." The combination of propylthio and 3,4-difluorophenyl satisfies the claim 1 proviso applicable to the OCH2CH2OH configuration. What do dependent claims 2 through 5 cover?Claim 2: thioalkyl selectionClaim 2 narrows R1 to:
This claim removes other C3-C5 alkyl possibilities that may fall within claim 1, including certain pentyl and halogenated variants not expressly recited in claim 2. Claim 3: aryl selectionClaim 3 limits R2 to:
The 3,4-difluorophenyl embodiment is commercially important because it is part of ticagrelor. Claim 3 excludes other fluorinated phenyl patterns that might otherwise fall within the broader "one or more fluorine atoms" language of claim 1. Claim 4: side-chain selectionClaim 4 limits R to:
These are the two principal hydroxyalkyl substituents in the claim set. Ticagrelor uses the OCH2CH2OH embodiment. Claim 5: expressly named drug-like speciesClaim 5 recites nine specific compounds or compound classes. The list includes:
Claim 5 provides a direct species claim for ticagrelor and several close analogues. This substantially improves the patent's position against an argument that the broad genus lacks adequate support for the commercial compound, although enforceability would still depend on the full prosecution record and any later validity challenge. What do claims 6, 7, and 14 cover?Claim 6: pharmaceutical compositionsClaim 6 covers a pharmaceutical composition containing a claim 1 compound with:
The claim is broad and does not require a particular dosage form, excipient, strength, release profile, tablet architecture, or manufacturing process. It could encompass tablets, capsules, solutions, suspensions, and other conventional dosage forms if they contain a covered compound. Claim 6 does not, by itself, create a detailed formulation patent. It is a compound-containing composition claim. Later formulation patents would typically require narrower limitations, such as specific excipients, particle size, polymorph, dissolution profile, coating, or manufacturing conditions. Claim 7: post-myocardial-infarction treatmentClaim 7 covers administering a claim 1 compound to a patient suffering from post-myocardial infarction. This is a method-of-treatment claim. It is narrower than a general cardiovascular-use claim but broad in its omission of:
The claim could be relevant to ticagrelor's use in patients with a history of myocardial infarction, although an infringement analysis would require comparing the accused labeling and actual use with the claim's patient and treatment limitations. Claim 14: stroke treatmentClaim 14 covers treatment of stroke with a claim 1 compound. This is a separate method-of-treatment claim. It does not require the post-myocardial-infarction condition in claim 7. The claim's breadth is offset by potential issues concerning:
What do claims 8 through 13 cover?Claims 8 through 13 expand the patent beyond finished drug compounds. Claim 8: manufacturing processClaim 8 covers a process that reacts:
The process also covers subsequent operations, including:
This is a coupling-process claim. It can be relevant to manufacturing freedom to operate even where a final ticagrelor compound claim has expired, but only if the accused process falls within every process limitation. A process using a different coupling order, different leaving group, different solvent system, or different reaction mechanism may avoid literal infringement. Claims 9 through 13: intermediates and protected derivativesThese claims cover protected carbocyclic intermediates, amino and bromo triazolopyrimidine intermediates, ester intermediates, sulfone analogues, acetate derivatives, and hydroxyethoxy precursors. The intermediates include:
These claims have two practical functions:
The intermediate claims are not coextensive with ticagrelor. Several listed compounds have protected hydroxyl groups, leaving groups, halogens, esters, or different oxidation states. A manufacturer can infringe an intermediate claim without making the finished drug, although the patent's expiration eliminates current US enforcement of these claims. When did US Patent 6,525,060 expire?US 6,525,060 issued on February 25, 2003. Its ordinary US patent term ran approximately 20 years from the relevant nonprovisional filing date, producing an expiration in May 2020. FDA Orange Book records identify the patent as expiring on May 9, 2020. Any pediatric exclusivity associated with the product would have extended regulatory protection for six months, but not the underlying patent term.[1][2]
The practical result is that US 6,525,060 no longer blocks manufacture, sale, or importation of ticagrelor on its own. What was the Orange Book status of ticagrelor?The Orange Book listed US 6,525,060 for Brilinta and identified it as a drug-substance or drug-product patent associated with ticagrelor. The listing was important during the period when generic applicants filed abbreviated new drug applications and submitted Paragraph IV certifications. Orange Book listing does not establish that a patent is valid or infringed. It triggers the Hatch-Waxman notice and litigation framework when a generic applicant certifies that a listed patent is invalid, unenforceable, or not infringed.[1] After expiration of US 6,525,060, later-listed patents became more important to the timing of generic entry. Those patents may cover:
The original compound patent should therefore be separated from later Orange Book-listed patents in any current launch analysis. Did ticagrelor generic applicants file Paragraph IV challenges?Generic applicants seeking approval before expiration of US 6,525,060 could use a Paragraph IV certification against the patent. A Paragraph IV certification asserts that the listed patent is invalid, unenforceable, or would not be infringed by the proposed generic product.[3] The principal commercial consequences were:
Because US 6,525,060 has expired, a new Paragraph IV challenge to that patent is no longer a meaningful basis for delaying approval. Current applicants would focus on unexpired Orange Book patents, if any remain listed for the relevant ticagrelor product and dosage form. What patent litigation affected the ticagrelor market?Ticagrelor litigation primarily arose from ANDA filings seeking approval before expiration of AstraZeneca's listed patents. The litigation risk centered on:
The patent's broad chemical scope would have made a conventional small-molecule generic difficult to design around while the patent was enforceable. A generic applicant generally could not avoid infringement by changing excipients or tablet shape if the active ingredient remained ticagrelor. The principal route to early entry was therefore a successful validity or noninfringement challenge, a settlement, or a license. Public litigation databases and FDA records should be reviewed separately for each ANDA defendant because filing dates, asserted patents, settlement terms, and launch dates differed by applicant. A litigation result involving a later formulation patent does not necessarily determine the validity of US 6,525,060. Were there settlement agreements or licensing deals?The supplied claims do not identify settlement agreements or licenses. Public patent records establish ownership and prosecution history, but they do not by themselves establish the commercial terms of any Hatch-Waxman settlement. The commercially relevant distinction is:
For current competition analysis, the expiration of US 6,525,060 is more important than any historical settlement involving that patent. How strong was the patent estate for ticagrelor?StrengthsThe patent had several structural strengths:
WeaknessesThe principal vulnerabilities were typical of an early small-molecule compound patent:
The estate was strongest against a product containing ticagrelor itself during the patent term. It was less effective against unrelated P2Y12 antagonists, noninfringing manufacturing routes, or products entering after patent expiration. How does US 6,525,060 compare with later ticagrelor patents?
The core patent should not be treated as the complete ticagrelor estate. A current freedom-to-operate review must map each proposed API process, dosage form, strength, label, and jurisdiction against the later patent family. What generic entry risks exist after expiration?The main US barriers after expiration of US 6,525,060 are regulatory and secondary-patent issues rather than the original compound claim. Potential risks include:
A standard immediate-release ticagrelor tablet containing the same active moiety generally cannot be designed around the expired compound claim by changing inactive ingredients. The design-around analysis instead focuses on unexpired secondary patents and the manufacturing route. What is the geographic coverage of US 6,525,060?US 6,525,060 provides rights only in the United States. The underlying invention was prosecuted through an international patent family, with corresponding applications or patents in other jurisdictions. Foreign equivalents must be analyzed independently because:
A US patent expiration does not establish freedom to operate in Europe, Japan, China, Canada, or other markets. Key Takeaways
Frequently Asked QuestionsWhat is the active ingredient covered by US 6,525,060?The principal commercial active ingredient is ticagrelor, marketed in the United States as Brilinta by AstraZeneca. Is US Patent 6,525,060 still enforceable?No. The patent's US term expired in 2020, subject to the precise statutory term calculation and any separate regulatory exclusivity. Does the patent cover ticagrelor salts and solvates?Yes. Claim 1 expressly includes pharmaceutically acceptable salts, solvates, and solvates of such salts. Can a generic avoid US 6,525,060 by using different excipients?No, not during the patent term if the generic contains a claimed ticagrelor compound. Different excipients would generally not avoid a compound claim. The patent's expiration removes that barrier today. Does expiration of US 6,525,060 eliminate all ticagrelor patent risk?No. Later patents may cover formulations, solid forms, manufacturing methods, or therapeutic uses. Those rights must be reviewed separately for the proposed product and launch strategy. References
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Drugs Protected by US Patent 6,525,060
| 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: 6,525,060
| Foriegn Application Priority Data | ||
| Foreign Country | Foreign Patent Number | Foreign Patent Date |
| Sweden | 9804211 | Dec 04, 1998 |
| Sweden | 9901271 | Apr 09, 1999 |
| PCT Information | |||
| PCT Filed | December 02, 1999 | PCT Application Number: | PCT/SE99/02256 |
| PCT Publication Date: | June 15, 2000 | PCT Publication Number: | WO00/34283 |
International Family Members for US Patent 6,525,060
| Country | Patent Number | Estimated Expiration | Supplementary Protection Certificate | SPC Country | SPC Expiration |
|---|---|---|---|---|---|
| European Patent Office | 1135391 | ⤷ Start Trial | C300485 | Netherlands | ⤷ Start Trial |
| European Patent Office | 1135391 | ⤷ Start Trial | CA 2011 00013 | Denmark | ⤷ Start Trial |
| European Patent Office | 1135391 | ⤷ Start Trial | PA2011004 | Lithuania | ⤷ Start Trial |
| >Country | >Patent Number | >Estimated Expiration | >Supplementary Protection Certificate | >SPC Country | >SPC Expiration |
