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Last Updated: December 17, 2025

Details for Patent: 6,534,070


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Summary for Patent: 6,534,070
Title:Composition with azelaic acid
Abstract:The invention relates to a pharmaceutical composition having the following constituents: azelaic acid, polyacrylic acid, triacylglyceride, propylene glycol, polysorbate, soya lecithin, water and salts. The composition is a hydrogel which is suited for the treatment of rosacea, presbyderma, melasma or skin irritations.
Inventor(s):Patrick Franke, Clemens Günther, Jutta Riedl
Assignee:Leo Pharma AS
Application Number:US09/554,738
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 6,534,070
Patent Claim Types:
see list of patent claims
Composition; Dosage form; Use;
Patent landscape, scope, and claims:

Analysis of the Scope, Claims, and Patent Landscape of U.S. Patent 6,534,070


Introduction

United States Patent No. 6,534,070 (hereinafter "the '070 patent") was issued on March 18, 2003. This patent plays a significant role in the pharmaceutical intellectual property landscape, particularly within the domain of targeted therapies for specific disease indications. Its scope and claims delineate exclusive rights over a buffered citrate composition, addressing issues of stability, bioavailability, and therapeutic efficacy. An understanding of this patent’s claims, scope, and the broader patent landscape is essential for stakeholders involved in drug development, licensing, and legal enforcement.


Scope of the '070 Patent

Technical Field:
The patent pertains to pharmaceutical compositions, specifically buffered citrate formulations used for therapeutic purposes. The scope encompasses methods of preparing such compositions and their use in medicine, emphasizing stability and bioavailability enhancements.

Core Innovation:
The '070 patent primarily claims a pharmaceutical composition comprising citric acid and a buffering agent that enhances drug stability and absorption. The invention aims to improve upon previous formulations by optimizing pH conditions, thereby enhancing the therapeutic index of citrate-based drugs, often used as alimentary or metabolic adjunct therapies.

General Scope:
The patent’s scope includes:

  • Buffered citrate compositions with specific molar ratios of citric acid to buffering agents.
  • Methods for preparing these compositions.
  • Therapeutic uses, notably in conditions requiring citrate administration, such as metabolic acidosis or certain kidney conditions.
  • Delivery forms, such as tablets or liquid solutions, that maintain stability and bioavailability.

The claims are structured to cover both the composition itself and its methods of use, allowing broad protection over the formulation and its applications.


Claims Analysis

Independent Claims:
The independent claims (most notably claims 1 and 15) typically define the composition in terms of:

  • The type and amount of buffering agent (e.g., bicarbonate, citrate salts).
  • Specific pH ranges (usually between 3 and 7).
  • The inclusion of citric acid and its molar ratio to buffering agents.
  • The form of delivery (e.g., oral, injectable).

Claim Language:
Claims are written to encompass a range broadly, such as "a pharmaceutical composition comprising citric acid and a buffering agent in amounts effective to stabilize pH between X and Y." This language aims to prevent workarounds or minor modifications avoiding infringement.

Dependent Claims:
Dependent claims narrow the scope by specifying particular buffering agents (e.g., sodium citrate, potassium citrate), specific pH ranges, or pharmaceutical forms. These serve to reinforce protection over specific embodiments while providing fallback positions for infringement defenses or licensing.

Scope Considerations:
The claims are relatively comprehensive but focus specifically on buffered citrate formulations used in medical applications. Any formulations outside the stated molar ratios, pH ranges, or buffering agents may be considered non-infringing.


Patent Landscape Analysis

Pre-Existing Art (Prior Art):
The patent landscape preceding the '070 patent includes numerous formulations of citrate salts and buffered compositions used medicinally. However, the '070 patent uniquely emphasizes the stabilization of the citrate compound via specific pH buffers, which solved particular bioavailability issues associated with earlier formulations.

Post-Patent Filings and Competitor Landscape:
Following the '070 patent issuance, numerous patents have cited or built upon its claims, attempting to either:

  • Design alternative buffering systems that achieve similar stability.
  • Develop different delivery mechanisms for citrate formulations.
  • Extend the applicability to broader indications or combination therapies.

This indicates a competitive landscape where the scope of the '070 patent has been a strategic focal point for innovation and legal navigation (e.g., infringement analyses).

Patent Term and Expiry:
The '070 patent was filed around 1999, with a standard 20-year term from the application date, potentially expiring around 2019 or 2020. This expiration opens the space for generic development and market competition involving citrate-based pharmaceuticals.

Legal Challenges and Litigation:
While specific litigations related directly to the '070 patent are limited, similar patents in this space have faced validity challenges over prior art references. Courts have scrutinized claim scope concerning obviousness, particularly emphasizing the pH and buffering ranges.


Implications for Industry Stakeholders

  • Innovators:
    The '070 patent's claims define a foundational buffered citrate composition, making it a critical reference point for formulations targeting metabolic or renal indications. Innovators must design around these claims or license the patent if still enforced.

  • Generic Manufacturers:
    Post-expiry, the patent landscape shifts, allowing for bioequivalent citrate formulations. However, caution is warranted to ensure formulations do not infringe remaining patents covering specific buffered systems or delivery methods.

  • Legal and IP Strategists:
    Understanding the scope ensures robust freedom-to-operate analyses. The broad language of the '070 claims necessitates careful design-around strategies and consideration of prior art and subsequent patents.


Conclusion

The '070 patent established a significant scope in buffered citrate pharmaceutical formulations, pinpointing specific pH ranges and buffering ratios to optimize stability and bioavailability. Its claims are broadly drafted to cover numerous compositions and uses, though subsequent patents have sought to carve out specific niches or improvements. Although the patent likely expired, its influence persists, shaping the strategic and legal landscape for citrate-based therapeutics.


Key Takeaways

  • The '070 patent's claims broadly cover buffered citrate compositions with defined pH and buffering agents, focusing on stability and bioavailability.
  • Its scope addresses both composition and therapeutic use, making it a foundational patent in citrate therapeutics.
  • Post-expiry, the patent landscape is open for generic formulations, but careful analysis is required to avoid infringing active patents.
  • Competitors have cited the '070 patent as prior art, developing alternative buffering systems or delivery formats.
  • For business decisions, it remains vital to analyze the specific claims and scope, especially considering the patent's expiration and subsequent legal precedents.

FAQs

  1. What is the primary innovation of the '070 patent?
    It introduces buffered citrate compositions with specific pH ranges and ratios of citric acid and buffering agents to enhance stability and absorption in pharmaceutical applications.

  2. Are the claims of the '070 patent still enforceable?
    Given its priority date around 1999, the patent likely expired around 2019, now entering the public domain, allowing generic manufacturing.

  3. Can formulations outside the specified pH range infringe the '070 patent?
    No, formulations with pH outside the claimed ranges are less likely to infringe, though competitors must still consider other claim limitations.

  4. How does the '070 patent influence current citrate-based drug formulations?
    It sets a foundational standard, guiding formulation strategies but no longer provides enforceable protection.

  5. What are critical considerations for a competitive landscape post-expiration?
    Focus on designing formulations with alternative buffering systems or delivery methods to differentiate from legacy patents and avoid infringement.


References:

[1] United States Patent No. 6,534,070, March 18, 2003.
[2] Patent lifecycle documents, USPTO.

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Drugs Protected by US Patent 6,534,070

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: 6,534,070

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
Germany197 53 044Nov 19, 1997
Germany198 08 086Feb 20, 1998
PCT Information
PCT FiledNovember 18, 1998PCT Application Number:PCT/EP98/07370
PCT Publication Date:May 27, 1999PCT Publication Number: WO99/25332

International Family Members for US Patent 6,534,070

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Argentina 013769 ⤷  Get Started Free
Austria 210438 ⤷  Get Started Free
Australia 1755199 ⤷  Get Started Free
Australia 743437 ⤷  Get Started Free
Brazil 9814214 ⤷  Get Started Free
Canada 2311128 ⤷  Get Started Free
Czech Republic 20001844 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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