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Details for Patent: 6,562,826
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Summary for Patent: 6,562,826
| Title: | Sustained release ranolazine formulations | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Abstract: | A sustained release ranolazine formulation contains an intimate mixture of ranolazine and a partially neutralized pH-dependent binder to form a film that is mostly insoluble in aqueous media below pH 4.5 and soluble in aqueous media above pH 4.5. The formulation is suitable for twice daily administration of ranolazine and is useful for controlling the rate of dissolution of ranolazine, and to maintain human plasma ranolazine levels at between 850 and 4000 ng base/mL. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Inventor(s): | Andrew A. Wolff | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Assignee: | Gilead Sciences Inc , Gilead Palo Alto Inc | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Application Number: | US10/254,707 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Patent Claim Types: see list of patent claims | Use; Composition; Formulation; Delivery; Dosage form; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Patent landscape, scope, and claims: | United States Drug Patent 6,562,826: Scope, Claims, Expiration, and Ranolazine Patent LandscapeUS Patent No. 6,562,826 protected methods of treating angina and arrhythmias with sustained-release ranolazine formulations. Its core limitations were a high ranolazine loading, controlled plasma exposure over 24 hours, and defined peak-to-trough, peak-concentration, and trough-concentration parameters. The patent was directed to treatment methods rather than ownership of ranolazine itself or every extended-release ranolazine tablet. The patent issued June 17, 2003, from an application claiming priority to an earlier ranolazine filing. Its statutory term expired in 2020 based on the earliest claimed priority date. It therefore no longer creates a current United States blocking right against generic ranolazine products. During its term, however, it was commercially important because FDA-approved Ranexa relied on sustained-release ranolazine pharmacokinetics consistent with the claimed ranges. What does US Patent 6,562,826 protect?US 6,562,826 protects treatment methods using sustained-release ranolazine dosage forms that produce controlled plasma exposure during a 24-hour period. The claims divide into five technical groups:
The claims generally require both a therapeutic use and a pharmacokinetic result. A tablet would not necessarily infringe merely because it contains ranolazine or is labeled as extended release. The relevant method claim would require administration to a patient in a manner that produces the claimed pharmacokinetic profile. What are the independent claims in US 6,562,826?The principal independent claims are claims 1, 4-10, 13-19, and 23. Their scope is summarized below.
Claims 2, 3, 11, 12, 21, 22, 25, and 26 narrow the peak-to-trough ratio to 3:1 or 2:1. Those limitations are commercially narrower because they require a more uniform 24-hour plasma profile. How should the patent’s claim scope be construed?The patent’s practical scope depends on five claim elements. 1. Sustained-release administrationMost claims require a sustained-release dosage form. The claims describe slow and continuous release while the formulation passes through the stomach and gastrointestinal tract. A conventional immediate-release ranolazine product, standing alone, would not satisfy this limitation. Claims 7 and 9 are broader in administration design because they expressly cover an immediate-release formulation used with, or followed by, a sustained-release dosage form. This protects a loading-dose strategy intended to achieve therapeutic concentrations quickly while maintaining exposure through the extended-release product. 2. Ranolazine loadingClaims 1, 4, 10, 14, 16, 19, and 23 contain explicit ranolazine-loading limitations. The broad loading threshold is at least 50% by weight. Claims 10 and 14 narrow this to approximately 70%-80% by weight. The loading limitation is measured against the dosage form, not merely the active pharmaceutical ingredient’s presence in the product. Excipients, binders, coatings, lubricants, and other inactive ingredients reduce the percentage by weight. 3. Peak-to-trough ratioThe peak-to-trough limitation is a pharmacokinetic limitation: [ \text{Peak-to-trough ratio} = \frac{\text{maximum plasma ranolazine concentration}}{\text{minimum plasma ranolazine concentration}} ] A claim requiring a ratio no greater than 4:1 is potentially satisfied by a ratio of 4:1 or lower. Claims requiring no greater than 3:1 or 2:1 are progressively narrower. The ratio is measured over a 24-hour period. The claim does not merely describe a product dissolution profile. It requires a plasma result in a human patient for claims directed to human treatment. 4. Absolute plasma concentrationsThe patent uses two key concentration thresholds:
Claims 16-18 combine these values into an exposure window of approximately 850-4,000 ng base/mL for at least 24 hours. The use of "about" creates a potential claim-construction issue. Courts generally interpret such terms in light of the specification, examples, measurement variability, and technical meaning at the filing date. The claims refer to ranolazine concentrations expressed as ranolazine base. A formulation using a ranolazine salt would ordinarily require conversion to the equivalent ranolazine-base amount when assessing the claimed concentration. 5. Disease and patient limitationsThe principal human-treatment claims are limited to variant and exercise-induced angina. Claims 19-22 expand the mammalian angina coverage, while claims 23-26 address arrhythmias in mammals. A product label for chronic angina would not automatically establish infringement. A method claim requires proof that the accused product is intended, promoted, prescribed, or used for the claimed disease and that the claimed formulation and pharmacokinetic limitations are met. Which claims are strongest commercially?The strongest commercial claims were likely the claims combining objective formulation and pharmacokinetic limitations.
Claims 16 and 18 have narrower but potentially more defensible formulation scope because they require an admixture of at least one pH-dependent binder and at least one pH-independent binder. A generic manufacturer could avoid those claims by using a different release-control architecture, although that would not necessarily avoid the broader pharmacokinetic claims. What formulations are protected by US 6,562,826?The patent covers sustained-release ranolazine formulations with a high active loading and controlled release over the gastrointestinal transit period. The claims are compatible with tablets, matrix systems, or other oral sustained-release dosage forms, provided the formulation meets the express claim limitations. The binder limitations in claims 16 and 18 are significant:
The claims do not appear to require a particular named polymer in the claim language supplied. A named polymer disclosed in the specification would not necessarily be a claim limitation unless incorporated into the issued claims. The patent does not broadly claim:
When did US Patent 6,562,826 expire?US 6,562,826 expired in 2020 under the ordinary United States patent-term framework. The relevant term was measured from the earliest effective nonprovisional filing date, subject to any patent-term adjustment or extension reflected in the official USPTO record. The patent therefore cannot presently block a generic ranolazine launch on the basis of ordinary patent rights.
Patent expiration does not erase historical infringement exposure for conduct occurring before expiration. It ends the right to obtain prospective exclusion after the expiration date. What was the FDA and Orange Book status of Ranexa?Ranexa is the branded extended-release formulation of ranolazine marketed by CV Therapeutics and later controlled by Gilead Sciences. FDA approved Ranexa extended-release tablets under NDA 021526 for chronic angina. The approved labeling used twice-daily administration, with a recommended starting dose of 500 mg twice daily and an increase to 1,000 mg twice daily when clinically indicated, subject to tolerability and labeling restrictions. [2] The FDA Orange Book historically listed ranolazine-related patents associated with Ranexa. Orange Book listing is important because an abbreviated new drug application applicant must address listed patents through a certification under section 505(j) of the Federal Food, Drug, and Cosmetic Act. A Paragraph IV certification can trigger patent litigation and, in qualifying circumstances, a 30-month stay of approval. [3] The Orange Book listing of a patent does not establish that every listed claim is valid or infringed. It identifies patents submitted by the NDA holder or patent owner as covering the drug, formulation, or approved method of use. Did US 6,562,826 create Paragraph IV risk for generic ranolazine?Yes, during its unexpired term. A generic applicant seeking approval for an extended-release ranolazine product could have faced several possible patent positions:
A Paragraph IV challenge would have required invalidity, unenforceability, or noninfringement positions. The most plausible technical defenses would have focused on:
Because the patent is expired, Paragraph IV certification to this patent no longer creates a current launch barrier. What patent litigation affected ranolazine generic entry?Ranolazine generic-entry disputes centered on the broader Ranexa patent estate rather than US 6,562,826 in isolation. The relevant litigation analysis must distinguish:
The existence of a Paragraph IV filing does not prove that litigation proceeded to judgment. Likewise, a settlement does not establish validity or infringement. The operative business question is the earliest legally permitted generic launch date under the settlement, court order, patent expiration, and FDA approval status. By the time the key ranolazine patents expired around 2019-2020, the commercial significance of US 6,562,826 had declined. Generic ranolazine extended-release products entered the market after expiration of the relevant blocking patents and regulatory barriers. The patent therefore has historical litigation importance but no meaningful present-day exclusionary value. How does US 6,562,826 compare with the broader Ranexa patent estate?US 6,562,826 was a method patent. It should be analyzed separately from ranolazine formulation patents, including the sustained-release formulation family associated with Ranexa.
The principal strategic distinction is that 6,562,826 does not prevent all extended-release ranolazine products. It targets products and treatment regimens that produce specified exposure characteristics in specified patient populations. How strong was the patent estate?The patent was commercially meaningful but technically narrow. Strengths
Weaknesses
The patent was strongest against a product that reproduced the branded Ranexa formulation, used the same dosing regimen, and generated the claimed exposure profile. It was weaker against a product with materially different drug loading, release mechanism, dosing instructions, or pharmacokinetic profile. What generic launch scenarios existed?During the patent term, generic launch scenarios included:
After 2020, the principal risks shifted from patent exclusion to ordinary generic competition, FDA approval timing, manufacturing capacity, pricing, and market share. What is the current commercial value of US 6,562,826?The patent has no current standalone blocking value because its term has expired. Its historical value was linked to Ranexa’s extended-release product and the difficulty of demonstrating noninfringing controlled exposure during the patent term. Current commercial analysis should focus on:
There is no biosimilar pathway for ranolazine because ranolazine is a chemically synthesized small molecule. Competitive entry proceeds through the ANDA pathway, not the abbreviated biologics license application pathway. Key Takeaways
FAQsDoes US 6,562,826 cover Ranexa itself?It covered certain methods of using sustained-release ranolazine formulations consistent with defined loading and plasma-exposure parameters. It did not claim every Ranexa tablet as a composition. Could a generic ranolazine tablet infringe the patent during its term?Yes, if the product, labeling, administration method, patient population, and resulting pharmacokinetic profile satisfied an asserted claim. A product containing ranolazine alone would not be sufficient. What ranolazine plasma level did the patent treat as therapeutically relevant?Several claims required a trough concentration of at least about 850 ng base/mL. Other claims required maintenance within approximately 850-4,000 ng base/mL for at least 24 hours. Did the patent cover once-daily ranolazine dosing?The claims generally required administration over a 24-hour period and included language covering administration at least once during that period. The claim language therefore focused on 24-hour exposure rather than imposing a universal once-daily dosing requirement. Is a ranolazine biosimilar possible?No. Ranolazine is a small-molecule active ingredient. Competing products use the FDA ANDA generic-drug pathway rather than the biosimilar pathway. References
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Drugs Protected by US Patent 6,562,826
| 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 6,562,826
| Country | Patent Number | Estimated Expiration | Supplementary Protection Certificate | SPC Country | SPC Expiration |
|---|---|---|---|---|---|
| European Patent Office | 1109558 | ⤷ Start Trial | PA2008017 | Lithuania | ⤷ Start Trial |
| European Patent Office | 1109558 | ⤷ Start Trial | CA 2008 00051 | Denmark | ⤷ Start Trial |
| European Patent Office | 1109558 | ⤷ Start Trial | 91504 | Luxembourg | ⤷ Start Trial |
| >Country | >Patent Number | >Estimated Expiration | >Supplementary Protection Certificate | >SPC Country | >SPC Expiration |
