Share This Page
Details for Patent: 6,667,050
✉ Email this page to a colleague
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 AnalysisThis 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 TreatmentClaim 1 of U.S. Patent 6,667,050 describes a method for treating hyperglycemia. The essential elements of this claim are:
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 CompositionClaim 2 builds upon Claim 1, focusing on the pharmaceutical composition itself. It claims:
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 ClaimsWhile Claims 1 and 2 are foundational, the patent likely contains further dependent claims that refine the scope of protection. These could include:
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:
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.
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:
Key Players and Patent Strategies: Major pharmaceutical companies actively involved in the GLP-1 receptor agonist space include:
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:
Key Takeaways
Frequently Asked Questions
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]. More… ↓ |
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 |
