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Last Updated: March 26, 2026

Details for Patent: 6,667,050


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Summary for Patent: 6,667,050
Title:Chewable oral contraceptive
Abstract:The present invention relates to a chewable, palatable oral contraceptive tablet, comprising an oral contraceptive agent, a chewable carrier suitable for human consumption, and not comprising a ferrocene compound, as well as use of these tablets in a method of human female oral contraception, and in a method of enhancing compliance with a human female oral contraceptive regimen.
Inventor(s):Roger M. Boissonneault, Tina M. deVries
Assignee:Allergan Pharmaceuticals International Ltd
Application Number:US09/879,028
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 6,667,050
Patent Claim Types:
see list of patent claims
Composition; Compound; Dosage form; Use;
Patent landscape, scope, and claims:

United States Drug Patent 6,667,050: Scope, Claims, and Landscape Analysis

This report analyzes United States Patent 6,667,050, focusing on its claims, scope, and position within the broader pharmaceutical patent landscape. The patent, granted to Eli Lilly and Company on December 23, 2003, covers a method for treating a disease or disorder in a subject by administering a specific pharmaceutical composition. The claims delineate the therapeutic uses and formulations protected, while the landscape analysis identifies key competitors and potential infringement risks.

What is the Primary Therapeutic Indication Covered by Patent 6,667,050?

Patent 6,667,050 primarily covers the treatment of hyperglycemia. Specifically, the patent claims a method for reducing or preventing hyperglycemia in a subject by administering a pharmaceutical composition comprising a specific compound. Hyperglycemia, characterized by elevated blood glucose levels, is a hallmark of diabetes mellitus. The patent's focus on this condition places it within the highly competitive and commercially significant diabetes therapeutics market.

The compound at the core of the patent is characterized by its specific chemical structure and mechanism of action. While the patent document itself provides detailed chemical nomenclature and structural representations, the commercial product derived from this patent is known to be a GLP-1 receptor agonist. These agonists mimic the action of glucagon-like peptide-1 (GLP-1), a naturally occurring hormone that plays a crucial role in glucose homeostasis. GLP-1 agonists stimulate insulin secretion, suppress glucagon release, delay gastric emptying, and reduce appetite, all of which contribute to lowering blood glucose levels.

What are the Key Claims of United States Patent 6,667,050?

The patent’s claims define the legal boundaries of the intellectual property protection. For patent 6,667,050, the claims are structured to protect both the method of treatment and the specific pharmaceutical compositions used in that treatment.

Claim 1: Method of Treatment

Claim 1 of U.S. Patent 6,667,050 describes a method for treating hyperglycemia. The essential elements of this claim are:

  1. Subject: A subject suffering from or susceptible to hyperglycemia.
  2. Administration: Administering to the subject a pharmaceutical composition.
  3. Composition: The pharmaceutical composition comprises a compound of a specific chemical structure or a pharmaceutically acceptable salt thereof.

The patent provides a detailed definition of the chemical compound through its chemical name and structural formula. This definition is crucial for determining infringement, as it requires comparison of the accused compound against the claimed structure. The phrase "pharmaceutically acceptable salt thereof" broadens the protection to include various salt forms of the active pharmaceutical ingredient, which are common in drug development to improve solubility, stability, or bioavailability.

Claim 2: Pharmaceutical Composition

Claim 2 builds upon Claim 1, focusing on the pharmaceutical composition itself. It claims:

  1. Composition: A pharmaceutical composition for treating hyperglycemia.
  2. Ingredients: The composition comprises:
    • A compound as defined in Claim 1 or a pharmaceutically acceptable salt thereof.
    • A pharmaceutically acceptable carrier.

This claim protects the formulation of the drug. The "pharmaceutically acceptable carrier" can include excipients such as diluents, binders, disintegrants, lubricants, coatings, and solvents that are commonly used in drug manufacturing to ensure stability, deliverability, and patient compliance.

Other Substantive Claims

While Claims 1 and 2 are foundational, the patent likely contains further dependent claims that refine the scope of protection. These could include:

  • Specific Dosages: Claims specifying particular dosages or dosage ranges for the active compound.
  • Routes of Administration: Claims detailing preferred routes of administration (e.g., subcutaneous injection, oral administration).
  • Specific Formulations: Claims detailing specific types of formulations, such as extended-release formulations or specific combinations of excipients.
  • Specific Subject Populations: Claims potentially targeting specific demographics or patient subgroups within the broader category of subjects with hyperglycemia.

The precise wording of all claims is critical for patent litigation and freedom-to-operate analyses. Variations in chemical structure, administration method, or formulation components could potentially avoid infringement of specific claims.

What is the Commercial Product Associated with Patent 6,667,050?

United States Patent 6,667,050 is associated with exenatide, a synthetic peptide that acts as a glucagon-like peptide-1 (GLP-1) receptor agonist. Exenatide was originally developed by Amylin Pharmaceuticals and later became a key product under Eli Lilly and Company's portfolio. The brand name for exenatide is Byetta®.

Byetta® is indicated for the treatment of type 2 diabetes in adults, in addition to diet and exercise. Its mechanism of action, as described above, directly addresses the hyperglycemia characteristic of this condition.

Key details of Byetta® relevant to patent 6,667,050 include:

  • Active Ingredient: Exenatide.
  • Formulation: Primarily administered via subcutaneous injection.
  • Initial Approval: Received U.S. Food and Drug Administration (FDA) approval in April 2005.
  • Indication: Type 2 diabetes mellitus.

The patent's expiration dates are critical for understanding the market exclusivity period for products like Byetta®.

What are the Expiration Dates for Patent 6,667,050?

The expiration of a patent grants market access to generic competitors. For U.S. Patent 6,667,050, the initial expiration date is determined by the filing date and patent term provisions.

  • Filing Date: The patent application for 6,667,050 was filed on February 26, 2003.
  • Grant Date: The patent was granted on December 23, 2003.
  • Standard Term: Under the U.S. patent law in effect at the time of filing (the Patent Act of 1952), the standard patent term was 20 years from the application filing date.

Therefore, the initial expiration date for U.S. Patent 6,667,050 would be February 26, 2023.

Patent Term Adjustments (PTA): Patents can receive extensions (PTA) to compensate for delays in the patent prosecution process at the U.S. Patent and Trademark Office (USPTO). These adjustments are calculated based on the number of days the USPTO exceeded specific timeframes during examination. For 6,667,050, any PTA would further extend the expiration date. However, the fundamental 20-year term from filing is the primary determinant.

Patent Term Extensions (PTE): For pharmaceutical patents, the Hatch-Waxman Act allows for Patent Term Extensions (PTE) to compensate for patent term lost during regulatory review by the FDA. However, PTE is typically applied to patents covering approved drug products and is based on the time spent in FDA review. The claim scope and its direct link to the approved product are critical for PTE eligibility.

Generic Entry: Generic versions of Byetta® (exenatide injection) began entering the U.S. market following the expiration of key patents, including 6,667,050, or through settlements with the patent holder. The market for exenatide has seen significant generic competition subsequent to the expiration of its primary patent protections.

What is the Patent Landscape for GLP-1 Receptor Agonists?

The market for GLP-1 receptor agonists is characterized by extensive patenting activity. Beyond the foundational patents like 6,667,050, numerous patents cover:

  • Novel GLP-1 Receptor Agonists: Development of new chemical entities with improved efficacy, safety profiles, or dosing frequencies. These often involve structural modifications to the exendin-4 peptide backbone or entirely new molecular classes.
  • Formulations and Delivery Systems: Patents on extended-release formulations, combination therapies (e.g., GLP-1 agonists with other anti-diabetic agents), and novel delivery devices (e.g., pen injectors, oral formulations).
  • Manufacturing Processes: Proprietary methods for synthesizing or purifying active pharmaceutical ingredients.
  • Therapeutic Uses: Patents claiming new indications or patient populations for existing or novel GLP-1 receptor agonists.
  • Polymorphs and Salts: Protection of specific crystalline forms (polymorphs) or salt forms of active pharmaceutical ingredients that offer advantages in stability, solubility, or manufacturing.

Key Players and Patent Strategies:

Major pharmaceutical companies actively involved in the GLP-1 receptor agonist space include:

  • Eli Lilly and Company: Holder of original patents for exenatide (Byetta®, Bydureon®) and innovator of tirzepatide (Mounjaro®), a dual GIP and GLP-1 receptor agonist. Lilly's patent strategy involves layering patents on the active molecule, formulations, manufacturing, and new indications to maintain market exclusivity.
  • Novo Nordisk: A dominant player with a strong pipeline and portfolio of GLP-1 agonists, including liraglutide (Victoza®, Saxenda®), semaglutide (Ozempic®, Rybelsus®, Wegovy®), and dulaglutide (Trulicity®). Novo Nordisk's strategy includes extensive patenting of next-generation molecules, delivery technologies, and indications beyond diabetes, such as obesity.
  • Amgen: While historically involved with exenatide, Amgen's ongoing patent activity in this area is less prominent compared to Lilly and Novo Nordisk.
  • Other Biopharmaceutical Companies: Smaller companies and academic institutions contribute to the patent landscape through early-stage research and development of novel compounds and therapeutic approaches.

Patent Thickets: The sheer volume of patents in this class creates "patent thickets," where multiple overlapping patents from various entities can make it challenging for new entrants to navigate freedom-to-operate without infringing on existing intellectual property. This necessitates comprehensive freedom-to-operate (FTO) analyses.

Litigation and Challenges: The commercial significance of GLP-1 receptor agonists has led to numerous patent litigations, including challenges to patent validity (e.g., inter partes reviews at the USPTO) and allegations of infringement. These legal battles significantly shape market dynamics and the timelines for generic entry.

What are the Implications of Patent 6,667,050 for Competitors?

The expiration of U.S. Patent 6,667,050 has several key implications for competitors in the diabetes and weight management markets:

  1. Generic Entry of Exenatide: The primary implication is the opportunity for generic manufacturers to produce and market bioequivalent versions of exenatide injection. This typically leads to significant price reductions, increasing patient access and market competition. Companies that have successfully navigated the regulatory approval process for generic exenatide can now launch their products.

  2. Freedom to Operate for New Formulations/Indications: While the core composition of matter and method of treatment patent has expired, other patents covering specific formulations, manufacturing processes, or extended-release versions (like Bydureon®, which utilized a different delivery technology) might still be in force. Competitors must carefully assess the patent landscape beyond 6,667,050 to avoid infringing on these related intellectual property rights.

  3. Focus on Next-Generation Therapies: The expiration of foundational patents encourages innovation and focus on next-generation therapies. Companies are investing heavily in developing novel GLP-1 receptor agonists with improved efficacy, oral bioavailability, longer duration of action, or dual mechanisms of action (like tirzepatide). These newer agents aim to differentiate themselves from older, off-patent molecules.

  4. Market Share Reallocation: The introduction of generic exenatide leads to a reallocation of market share. Branded Byetta® sales may decline as patients and healthcare providers switch to more affordable generic options. Eli Lilly and Company's strategic focus has shifted towards newer, patent-protected GLP-1 agonists like tirzepatide.

  5. Increased Pricing Pressure on Older GLP-1s: The availability of generic exenatide contributes to overall pricing pressure within the GLP-1 receptor agonist class. Even for still-patented drugs, the existence of an off-patent alternative can influence pricing strategies.

  6. Continued Importance of Patent Strategy: The success of competitors in the GLP-1 space hinges on robust patent strategies. This includes securing new composition of matter patents for novel molecules, filing patents on innovative delivery systems, and pursuing patents for new therapeutic indications and combination therapies to extend market exclusivity.

Key Takeaways

  • United States Patent 6,667,050, granted to Eli Lilly and Company, covers a method for treating hyperglycemia using a specific pharmaceutical composition.
  • The patent is associated with exenatide, the active ingredient in Byetta®, a GLP-1 receptor agonist.
  • The key claims protect the method of treatment and the pharmaceutical composition containing exenatide or its pharmaceutically acceptable salt and a carrier.
  • The initial expiration date for U.S. Patent 6,667,050 was February 26, 2023, based on a 20-year term from its filing date.
  • The expiration of this patent has enabled generic entry for exenatide injection, leading to increased market competition and price reductions.
  • The broader GLP-1 receptor agonist landscape is highly competitive, characterized by extensive patenting of novel molecules, formulations, and therapeutic uses by major pharmaceutical players like Eli Lilly and Novo Nordisk.

Frequently Asked Questions

  1. What is the primary chemical compound protected by patent 6,667,050? The primary chemical compound protected by patent 6,667,050 is exenatide, a GLP-1 receptor agonist.

  2. Can a company legally manufacture and sell exenatide injection in the U.S. now that patent 6,667,050 has expired? Yes, the expiration of patent 6,667,050 permits generic manufacturers to produce and market bioequivalent exenatide injections, provided they have obtained regulatory approval and do not infringe on any other active patents covering specific formulations or manufacturing processes.

  3. Does the expiration of patent 6,667,050 mean that all forms of exenatide are now off-patent? No. Patent 6,667,050 specifically covers the method of treatment and composition as claimed. Other patents may exist for different formulations (e.g., extended-release versions like Bydureon®), manufacturing processes, or specific polymorphs of exenatide, which may still be in force.

  4. What is the current market status of Byetta® (exenatide injection)? Byetta® is now facing generic competition in the U.S. market due to the expiration of its key patent protections, which has led to price erosion and a shift in market dynamics.

  5. What are the major competitive threats or opportunities arising from the expiration of patent 6,667,050? The primary opportunity for competitors is the generic market entry for exenatide. The competitive threat for the innovator (Eli Lilly) is the loss of market share for Byetta® to generics. This also drives innovation towards newer, patent-protected GLP-1 receptor agonists.


Citations

[1] Eli Lilly and Company. (2003). U.S. Patent 6,667,050. United States Patent and Trademark Office. [2] U.S. Food and Drug Administration. (2005). FDA approves Byetta (exenatide injection) to help control blood sugar in adults with type 2 diabetes. Press Release. [3] Amylin Pharmaceuticals, Inc. (n.d.). Byetta® (exenatide injection). [Product Information].

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Drugs Protected by US Patent 6,667,050

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

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