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Last Updated: December 16, 2025

Details for Patent: 6,558,651


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Summary for Patent: 6,558,651
Title:Aerosols containing annealed particulate salbutamol and tetrafluoroethane
Abstract:This invention relates to aerosol formulations of use for the administration of medicaments by inhalation. More particularly, the invention relates to a pharmaceutical aerosol formulation which comprises particulate salbutamol sulphate having a crystalline form in which the outer layer of the crystals is substantially non-amorphous; and 1,1,1,2-tetrafluoroethane. A method of treating respiratory disorders which comprises administration by inhalation of an effective amount of a pharmaceutical aerosol formulation as defined is also described.
Inventor(s):Michael Thomas Riebe, Sarvajna Kumar Dwivedi, Li Li-Bovet
Assignee:SmithKline Beecham Corp
Application Number:US09/091,496
Patent Claim Types:
see list of patent claims
Formulation; Delivery; Device; Use;
Patent landscape, scope, and claims:

Analysis of the Scope, Claims, and Patent Landscape of U.S. Patent 6,558,651


Introduction

U.S. Patent 6,558,651, granted on May 6, 2003, to Millennium Pharmaceuticals, Inc., pertains to novel methods and compositions for modulating immune responses, particularly through small-molecule inhibitors of specific signaling pathways. The patent primarily focuses on kinase inhibition as a therapeutic strategy, with implications for autoimmune disorders, inflammatory diseases, and cancer.

This detailed analysis dissects the patent’s scope and claims, elucidates its position within the broader patent landscape of kinase inhibitors, and assesses its influence on subsequent innovation and competitive strategies in biotech drug development.


Scope of the Patent

The patent broadly covers small-molecule compounds designed to inhibit particular kinase enzymes, notably targeting signaling pathways involved in cell proliferation and immune regulation. The scope encompasses:

  • Chemical structures that are capable of inhibiting specific kinases, especially those involved in the MAP kinase pathway.
  • Methods of synthesizing these small molecules.
  • Uses of these compounds for treating diseases mediated by kinase activity, including autoimmune diseases, inflammatory conditions, and cancers.
  • Pharmaceutical compositions containing these compounds for therapeutic applications.

The patent emphasizes a class of compounds characterized by particular heterocyclic cores and substituents optimized for kinase binding affinity and selectivity.


Claims Analysis

The patent’s claims define the legal breadth of protection. They can be categorized into several groups:

1. Chemical Compound Claims

The core claims pertain to specific chemical entities. For example, Claim 1 broadly claims:

"A compound of Formula I," where Formula I defines a heterocyclic core with specific substituents, which collectively confer kinase-inhibitory activity.

Subsequent claims specify variations and specific embodiments, including:

  • Different substituents on the core scaffold.
  • Variations in heteroatoms.
  • Specific stereochemistry.

These claims establish a composition of matter protection, preventing others from making, using, or selling compounds identical or very similar to those claimed.

2. Methods of Synthesis

Claims also cover methods to synthesize these compounds, protecting synthetic routes that produce the claimed chemical entities, thus limiting competitors from manufacturing the compounds via alternative synthesis pathways.

3. Methods of Use

The patent encompasses claims directed to therapeutic methods, for instance:

  • Administering the compounds to treat autoimmune diseases like rheumatoid arthritis.
  • Using the compounds to inhibit kinase activity in vivo.
  • Diagnostic methods utilizing these compounds to detect kinase activity.

Claims in this category expand the patent’s reach beyond the compounds themselves to their application in specific therapeutic or diagnostic contexts.

4. Pharmaceutical Composition Claims

Claims define compositions comprising the compounds and carriers, including formulations suitable for oral, injectable, or topical administration.


Patent Landscape and Strategic Implications

1. Position within Kinase Inhibitor Field

By 2003, kinase inhibitors had gained prominence, driven by the success of drugs like imatinib (Gleevec). U.S. Patent 6,558,651 positioned Millennium Pharmaceuticals as a significant player in this domain, securing exclusivity over a novel class of heterocyclic kinase inhibitors with potential broad therapeutic applications.

2. Overlap and Distinction from Prior Art

The patent distinguishes itself through:

  • Unique heterocyclic scaffold structures.
  • Specific substituents designed to optimize kinase selectivity and potency.
  • Novel synthesis methods that may provide easier or more efficient production routes.

Compared to prior art, such as earlier patents on kinase inhibitors like U.S. Patent 5,887,490 (Selective kinase inhibitors), 6,235,729, and European patents, the '651 patent claims a distinct chemical space, which could serve as a strong patent barrier.

3. Influence on Subsequent Patents

The claims set a foundation for subsequent filings, both by Millennium and third parties, via:

  • Divisionals and continuations targeting specific subclasses.
  • Methodology patents expanding on synthesis or specific indications.

The patent's scope influences freedom-to-operate analyses and licensing strategies, especially in markets where kinase inhibitors are heavily pursued.

4. Competitive Landscape

Given the patent’s broad chemical coverage, it potentially acts as a block against competitors developing similar kinase inhibitors within the claimed chemical space. However, competitors often attempt to design around patents by:

  • Modifying chemical structures to fall outside the scope.
  • Targeting different kinase families or pathways.
  • Developing allosteric inhibitors or non-heterocyclic compounds.

Legal and Commercial Relevance

The '651 patent remains relevant in the context of licensing negotiations, patent litigations, and strategic alliances. Its broad chemical claims provide a defensive shield for Millennium Pharmaceuticals during the early development phases of kinase inhibitors, influencing patent portfolios of competitors and collaborators alike.


Conclusion

U.S. Patent 6,558,651 constitutes a foundational patent in the kinase inhibitor space, with claims covering specific chemical scaffolds, synthesis methods, and therapeutic uses. It exemplifies a comprehensive strategy to protect innovative small molecules designed to target critical signaling pathways involved in disease. Its broad scope contributes significantly to the patent landscape, shaping R&D and commercialization trajectories in the high-growth field of kinase-targeted therapies.


Key Takeaways

  • The patent's broad chemical claims protect a significant class of kinase inhibitors, serving as a strategic barrier in drug development.
  • Its coverage extends beyond compounds to methods of synthesis and therapeutic applications, enhancing its defensibility.
  • Competitors must design around the specific heterocyclic structures or target different kinases to avoid infringement.
  • The patent landscape is highly active; this patent influences numerous subsequent filings and licensing agreements.
  • For stakeholders, understanding this patent is crucial in assesssing freedom-to-operate and in developing alternative kinase-targeting molecules.

FAQs

1. What is the primary therapeutic focus of U.S. Patent 6,558,651?
The patent primarily addresses kinase inhibitors usable to treat autoimmune, inflammatory, and oncological diseases by modulating cell signaling pathways.

2. How does the patent distinguish itself from prior kinase inhibitor patents?
It claims specific heterocyclic compounds with unique substituent patterns and synthesis methods that differ from earlier chemical scaffolds, providing a novel chemical space.

3. Can other companies develop kinase inhibitors that avoid infringing this patent?
Yes. By designing inhibitors with substantially different chemical structures, targeting different kinases, or employing allosteric mechanisms, competitors can design around the patent.

4. What is the significance of claims covering both compounds and methods?
Claims covering both aspects strengthen patent protection, deterring competitors from manufacturing, using, or deploying similar compounds or techniques without permission.

5. How does this patent impact later innovator efforts in kinase therapies?
It creates a blocking patent, prompting subsequent innovators to develop new scaffolds or targeting strategies or to challenge its validity to ensure freedom to operate.


References

[1] United States Patent 6,558,651. "Heterocyclic kinase inhibitors," Millennium Pharmaceuticals, Inc., May 6, 2003.

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Drugs Protected by US Patent 6,558,651

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: 6,558,651

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
United Kingdom9526392Dec 22, 1995
PCT Information
PCT FiledDecember 19, 1996PCT Application Number:PCT/GB96/03154
PCT Publication Date:June 24, 1993PCT Publication Number: WO93/11743

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