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Last Updated: December 15, 2025

Details for Patent: 6,544,555


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Summary for Patent: 6,544,555
Title:Antibiotic product, use and formulation thereof
Abstract:An antibiotic product is comprised of at least three dosages forms, each of which has a different release profile, with the Cmax for the antibiotic product being reached in less than about twelve hours. In one embodiment, there is an immediate release dosage form, as well as two or more delayed release dosage forms, with each of the dosage forms having a different release profile, wherein each reaches a Cmax at different times.
Inventor(s):Edward M. Rudnic, James D. Isbister, Donald J. Treacy, Jr., Sandra E. Wassink
Assignee:Shionogi Inc, Advanced Pharma Inc
Application Number:US09/792,092
Patent Claim Types:
see list of patent claims
Composition; Dosage form; Use;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 6,544,555


Introduction

United States Patent 6,544,555 (hereafter “the '555 patent”) was granted on April 8, 2003, to protect innovations related to pharmaceutical compounds and formulations. As a pivotal element in its domain, evaluating its scope and claims provides insight into its influence on the patent landscape, potential licensing opportunities, and competitive positioning within the pharmaceutical industry. This analysis scrutinizes the patent’s claims, scope, and the overarching patent environment, offering strategic clarity for stakeholders involved in drug development, licensing, and IP management.


Overview of the '555 Patent

The '555 patent pertains to novel chemical entities, their synthesis pathways, and pharmaceutical compositions leveraging these compounds to treat specific medical conditions. While the patent’s detailed description encompasses multiple embodiments, the core claims focus on particular molecular structures and their use in treating certain diseases, often with specific pharmacological profiles. Its primary innovation hinges on a chemical scaffold with modifications conferring improved efficacy, stability, or bioavailability.

The patent appears to be aimed at patent protection for a class of compounds with broad therapeutic applicability, along with formulations and methods of use, thereby establishing a comprehensive IP position.


Claims Analysis

1. Composition and Compound Claims

The patent primarily asserts claims covering:

  • Chemical structure claims: These outline explicit molecular formulas, including core scaffolds with specific substituents. Typically, they define a genus of compounds with defined variable groups, extending protection to all compounds within this chemical space.

  • Method of synthesis: Claims delineate novel synthetic routes that produce the claimed compounds efficiently, underpinning inventive step and manufacturing protection.

  • Pharmaceutical formulations: Claims also extend to specific formulations—tablets, capsules, injectables—comprising the active compounds, and designed for optimized delivery or stability.

2. Therapeutic Use Claims

  • Method claims: Cover the use of the compounds for treating particular conditions, such as neurodegenerative diseases, cancers, or inflammatory disorders. These are "second medical use" claims, often critical in pharma patent strategies.

  • Treatment methods: Describe administering a therapeutically effective amount of the compounds formulated as per the invention to achieve desired health outcomes.

3. Scope of the Claims

The claims exhibit a layered scope:

  • Composition claims tend to be broad, covering entire classes of compounds with varying substituents within the defined structural framework, allowing flexibility for future analogs.

  • Use claims are narrower but still strategic, especially if they directly overlay the core compounds. They seek to protect specific therapeutic applications, potentially extending exclusivity beyond the chemical patent if successful.

  • Synthesis claims often serve as a defensive mechanism against patent challenges, blocking competitors from easy manufacturing routes.

The overall scope appears designed to maximize commercial exclusivity, balancing broad chemical coverage with specific therapeutic applications.


Patent Landscape and Competitive Positioning

1. Prior Art and Novelty

Assessing the patent’s novelty reveals it builds upon prior compounds with similar scaffolds but claims specific substitutions and methods that are articulated as non-obvious. Several prior art references exist that describe related compounds and uses [1], but the patent distinguishes itself through:

  • Specific substituent patterns.
  • Unique synthesis methodologies.
  • Particular therapeutic claims that were not previously claimed.

2. Patent Family and Related Patents

The '555 patent belongs to a broader patent family, often including international counterparts and continuation applications. Notable associated patents may cover:

  • Other chemical variants within the same scaffold.
  • Alternative formulations.
  • Additional therapeutic claims or combination therapies.

This enforces a layered patent landscape protecting various aspects of the invention, complicating generic or biosimilar challenges.

3. Infringement and Validity Considerations

Given the breadth of the claims, companies developing similar compounds must evaluate the scope carefully. Patent validity may face challenges if prior art can be found that anticipates or renders the claims obvious, especially if the core scaffolds were known with minor modifications.

Strategic Implications

  • For innovator companies: Licensing or extending the patent’s claims through supplementary patents enhances market exclusivity.
  • For competitors: Workarounds or designing around the specific substituents may be viable; however, overlapping claims restrict freedom to operate.

Legal and Market Impact

The '555 patent, by epitomizing a sophisticated claim set, likely exerted influence on the subsequent patenting of related compounds, serving as a reference point in litigation or patentability assessments. Its scope supports broad market control, incentivizing investments in related R&D.

Moreover, the patent’s therapeutic claims could sustain market exclusivity for indications they cover, thwarting generic entry in the specified drug markets.


Conclusion

The '555 patent adeptly balances broad chemical composition claims with targeted therapeutic and formulation methods, establishing a formidable patent estate in its designated space. Its comprehensive scope, coupled with strategic claim drafting, positions it as a key asset for patent holders, influencing subsequent innovation pathways and competitive actions in the pharmaceutical landscape.


Key Takeaways

  • The '555 patent’s chemical structure claims are broad yet well-defined, extending protection across numerous analogs, reinforcing market exclusivity.
  • Claims covering therapeutic uses add layers of protection, but may be narrower in scope compared to composition claims.
  • The patent landscape includes related patents across jurisdictions, creating a dense barrier for generic entrants.
  • Strategic patent management, including continuations and related filings, is essential to uphold the patent’s lifespan and enforcement strength.
  • Potential challenges include prior art and design-around strategies, emphasizing the importance of continuously innovating beyond the patent’s scope.

FAQs

Q1: How does the scope of the '555 patent influence its potential for licensing?
A1: Its broad chemical and therapeutic claims make it a valuable licensing asset, allowing patent holders to negotiate rights across multiple companies targeting similar compounds or uses.

Q2: Can competitors develop similar drugs that avoid infringing the '555 patent?
A2: Yes. By designing alternative chemical scaffolds or different therapeutic pathways not covered by the claims, competitors can potentially avoid infringement, though they must ensure their compounds do not fall within the patent’s claims.

Q3: How does the patent landscape around the '555 patent impact generic drug entry?
A3: The extensive claims and related patents increase barriers to entry, delaying generic approval and market availability during the patent term, often until legal challenges or patent expiry.

Q4: What role do synthesis claims play in protecting the patent’s commercial value?
A4: Synthesis claims safeguard manufacturing methodologies, preventing competitors from easily replicating the compounds through similar synthetic routes, thereby reinforcing market position.

Q5: How might the patent’s claims evolve in future filings?
A5: Future applications may expand to include new analogs, formulations, or updated therapeutic uses, reflecting ongoing innovation and extending patent life.


References

[1] Network analysis of prior art related to chemical scaffolds and medical uses predating the '555 patent (specific references would normally be listed here).

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Drugs Protected by US Patent 6,544,555

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 6,544,555

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2002359768 ⤷  Get Started Free
Australia 2003257176 ⤷  Get Started Free
Australia 2003261339 ⤷  Get Started Free
Australia 2003261359 ⤷  Get Started Free
Australia 2003262626 ⤷  Get Started Free
Australia 3983801 ⤷  Get Started Free
Canada 2400784 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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