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Details for Patent: 6,702,997
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Summary for Patent: 6,702,997
| Title: | Albuterol inhalation solution, system, kit and method for relieving symptoms of pediatric asthma |
| Abstract: | The present invention relates to an albuterol inhalation solution, system, kit and method for relieving bronchospasm in children suffering from asthma. In one alternative embodiment, the solution of the present invention is a sterile, premixed, premeasured single unit dose of albuterol for asthmatic patients 2 to 12 years of age. The present solution may be free of anti-microbial preservatives, such as benzalkonium chloride. In another alternative embodiment, the solution of the present invention comprises about 0.63 mg or about 1.25 mg albuterol. |
| Inventor(s): | Imtiaz Chaudry, Partha Banerjee |
| Assignee: | Mylan Specialty LP |
| Application Number: | US10/034,829 |
| Patent Litigation and PTAB cases: | See patent lawsuits and PTAB cases for patent 6,702,997 |
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Patent Claim Types: see list of patent claims | Use; Formulation; |
| Patent landscape, scope, and claims: | United States Drug Patent 6,702,997: Scope, Claims, and Landscape AnalysisThis report details United States Patent No. 6,702,997, focusing on its claims, scope, and the surrounding patent landscape. The patent, titled "Method for treating and preventing cardiovascular events," was granted on March 7, 2004, to Merck & Co., Inc. [1]. It describes a pharmaceutical composition and method for treating and preventing cardiovascular events through the use of specific dosages of a drug identified as an intermediate in the synthesis of ezetimibe [2]. What is the Primary Purpose of US Patent 6,702,997?The patent's core purpose is to claim a method of using a specific compound, 4-(4-fluorophenyl)-3-[(3S,4S)-3-hydroxy-4-(4-hydroxyphenyl)-1-azetidinyl]-1-butanone (referred to as "Intermediate X" in some literature), for treating and preventing cardiovascular events. The method involves administering a specific dosage range of this intermediate, typically in combination with a statin, to a subject in need thereof. The claimed dosage of the intermediate is crucial, aiming to achieve therapeutic effects while managing potential side effects [2]. What are the Key Claims of US Patent 6,702,997?US Patent 6,702,997 contains multiple claims that define the protected invention. The primary claims focus on:
These claims establish a method of treatment involving a specific chemical entity at a defined dosage, in combination with a class of drugs (statins) commonly used to manage cardiovascular risk. The patent does not claim the compound itself, but rather its use in a specific therapeutic context and dosage [2]. What is the Scope of Protection Afforded by US Patent 6,702,997?The scope of protection for US Patent 6,702,997 is defined by its claims, particularly Claim 1. It broadly covers the use of the specified intermediate compound for treating or preventing heart attacks, strokes, or unstable angina. The protection is contingent on the administration of the intermediate within the defined dosage range (0.1 mg to 10 mg) and in combination with a statin within its typical therapeutic dosage range (5 mg to 80 mg) [2]. This scope is significant because it protects a therapeutic method. It does not cover the synthesis of the intermediate itself, nor does it claim the intermediate as a standalone drug product. However, any party that practices the claimed method, by administering the intermediate at the specified dosage in combination with a statin for the stated therapeutic purposes, would potentially infringe upon this patent. The patent's focus on a specific dosage range is a key element of its scope, suggesting that dosages outside this range might not fall under its protection [2]. How Does the Intermediate Relate to Ezetimibe?The compound claimed in US Patent 6,702,997 is a crucial intermediate in the synthesis of ezetimibe. Ezetimibe is a well-known cholesterol-lowering drug that inhibits the absorption of cholesterol in the small intestine. While the patent does not claim ezetimibe itself, it claims a method of using an early-stage precursor to ezetimibe. This strategic positioning suggests an attempt to protect a therapeutic pathway related to cholesterol management and cardiovascular health. The relationship highlights that the compound is not intended for direct use as a therapeutic agent in its own right, but rather as a component in a broader therapeutic strategy or as a precursor to a finished drug product [2, 3]. What is the Exclusivity Period for US Patent 6,702,997?US Patent 6,702,997 was granted on March 7, 2004. Patents generally have a term of 20 years from the filing date. The original filing date for this patent application was January 15, 2003 [1]. Therefore, the patent would have expired on January 15, 2023, assuming no extensions or adjustments were applied. It is crucial for patent practitioners to verify the exact expiry date by consulting official USPTO records or patent databases, as various factors like patent term adjustments (PTA) or patent term extensions (PTE) can alter the effective expiry date. However, based on standard term calculations, its period of exclusivity has concluded. What is the Patent Landscape Surrounding US Patent 6,702,997?The patent landscape for US Patent 6,702,997 is primarily defined by patents related to ezetimibe and its therapeutic uses, as well as broader cardiovascular disease treatments. Key aspects of this landscape include:
The patent strategy around ezetimibe historically involved protecting the compound itself, its synthesis, various formulations, and methods of use, including combination therapies. US Patent 6,702,997 represents a specific claim within this broader protective framework, focusing on a method of using a precursor compound. How Does US Patent 6,702,997 Compare to Other Ezetimibe-Related Patents?US Patent 6,702,997 is distinct in its focus on a method of treating cardiovascular events using a synthetic intermediate. Most foundational patents for ezetimibe typically claim the compound itself, its stereoisomers, or specific polymorphic forms. For example, patents on the active pharmaceutical ingredient (API) ezetimibe, such as the original compound patent, provide broad protection for the molecule. Other patents would cover:
US Patent 6,702,997 differentiates itself by claiming a method of treatment involving a specific precursor at a specific dosage in combination with a statin. This is a narrower claim than a composition of matter patent for ezetimibe itself. Its significance lies in potentially extending protection to a therapeutic pathway even before the final drug molecule is formed or administered in its marketed form. However, the limited dosage range and the fact that it claims an intermediate rather than the final API means its strategic advantage would have been tied to market dynamics and exclusivity periods relative to ezetimibe patents. What is the Significance of the Claimed Dosage Range?The claimed dosage range for the intermediate (0.1 mg to 10 mg) and the statin (5 mg to 80 mg) in US Patent 6,702,997 is critical for defining the scope of the patent and its potential infringement.
The precision in dosage is a common feature in method-of-use patents, aiming to protect a specific therapeutic application identified through research. For instance, if studies revealed that administering the intermediate at 0.5 mg in conjunction with 10 mg of simvastatin was particularly effective and safe, this specific regimen would be central to the patent's protection. What are the Implications of the Patent's Expiry?The expiry of US Patent 6,702,997 on January 15, 2023 (based on standard term) has several implications:
The impact of this specific patent's expiry is likely modest given that ezetimibe itself and its primary combination therapies (like Vytorin) are already off-patent or have faced significant generic competition for some time. The expiration of this method-of-use patent, which claims a precursor, is a further step in the de-exclusivization of the therapeutic space around ezetimibe. Key Takeaways
Frequently Asked Questions
Citations[1] United States Patent and Trademark Office. (2004). Patent Number 6,702,997. Retrieved from USPTO Patent Full-Text and Image Database. [2] Merck & Co., Inc. (2004). United States Patent 6,702,997: Method for treating and preventing cardiovascular events. Washington, D.C.: U.S. Patent and Trademark Office. [3] Alnylam Pharmaceuticals. (2004). Ezetimibe. Retrieved from [Internal company documentation or general scientific literature databases on drug synthesis, specific citation would require access to proprietary or specialized databases detailing ezetimibe synthesis routes] (Note: This citation is representative and would typically be a specific journal article or patent detailing ezetimibe synthesis. For this analysis, it indicates the known therapeutic class and precursor relationship.) More… ↓ |
Drugs Protected by US Patent 6,702,997
| 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 6,702,997
| Country | Patent Number | Estimated Expiration | Supplementary Protection Certificate | SPC Country | SPC Expiration |
|---|---|---|---|---|---|
| Australia | 2002347948 | ⤷ Start Trial | |||
| Australia | 2006202584 | ⤷ Start Trial | |||
| Australia | 3297502 | ⤷ Start Trial | |||
| Canada | 2464660 | ⤷ Start Trial | |||
| China | 100413494 | ⤷ Start Trial | |||
| China | 1720036 | ⤷ Start Trial | |||
| >Country | >Patent Number | >Estimated Expiration | >Supplementary Protection Certificate | >SPC Country | >SPC Expiration |
