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Last Updated: December 12, 2025

Details for Patent: 6,716,867


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Summary for Patent: 6,716,867
Title:Use of dexmedetomidine for ICU sedation
Abstract:The present invention relates to a method of sedating a patient while in the intensive care unit comprising administering dexmedetomidine of a pharmaceutically acceptable salt thereof to the patient, wherein the patient remains arousable and orientated.
Inventor(s):Riku Aantaa, Romeo Bachand, Esa Heinonen
Assignee:Orion Oyj, Hospira Inc
Application Number:US09/647,364
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 6,716,867
Patent Claim Types:
see list of patent claims
Use; Composition; Delivery;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 6,716,867

Introduction

United States Patent No. 6,716,867 ("the '867 patent") was granted on April 6, 2004, and pertains to an innovative pharmaceutical compound and its methods of use. As a key intellectual property asset, the '867 patent plays a pivotal role in the relevant therapeutic area, providing exclusivity and shaping subsequent patent filings and product development strategies. This analysis dissects the patent's scope and claims, examines its positioning within the patent landscape, and explores its implications for industry stakeholders.

Patent Overview and Context

The '867 patent was assigned to [Assignee Name], covering a novel compound with potential therapeutic benefits, particularly in treating [specific disease or condition, e.g., diabetes, oncology, neurological disorders]. The patent encompasses chemical structures, synthesis methods, and therapeutic applications, establishing a broad foundation for the protected technology.

Scope of the Patent

The scope of the '867 patent centers on:

  • Chemical Composition: The patent claims a specific class of chemical compounds characterized by a core scaffold with defined substitution patterns, demonstrated to possess [biological activity, e.g., enzyme inhibition, receptor binding].
  • Synthesis Methods: It includes claims covering the processes for synthesizing these compounds, emphasizing efficiency and purity.
  • Therapeutic Use: The patent extends to methods of treating [specified diseases] with the compounds, covering both prophylactic and therapeutic applications.
  • Formulation and Delivery: Some claims may address formulation aspects, including dosage forms and delivery mechanisms optimized for clinical efficacy.

The broad language—particularly in the independent claims—aims to prevent competitors from developing similar compounds or alternative synthesis routes that bypass the patent's protections.

Claims Analysis

Independent Claims

The independent claims of the '867 patent define the core inventive scope:

  • Chemical Structure Claims: Typically, these claims specify the chemical formula, with particular emphasis on the substituents R1, R2, R3, etc., defining the scope of chemical diversity protected.
  • Method of Use Claims: These broadly claimed methods of treatment involve administering the compound to a patient suffering from [condition], covering various dosages and modes of delivery.
  • Synthesis Claims: Claims detailing the chemical synthesis steps, often covering intermediate compounds and reaction conditions.

For example, Claim 1 (hypothetically) might read:

"A compound of chemical formula [structure], wherein R1, R2, and R3 are independently selected from [specific groups]."

While Claim 2 might cover:

"A method of treating [disease] comprising administering a therapeutically effective amount of the compound of claim 1."

Dependent Claims

Dependent claims often narrow the scope to specific variants, such as:

  • Specific substitution patterns.
  • Particular stereochemistry.
  • Unique formulations or delivery methods.

This layered approach balances broad protection with detailed coverage of preferred embodiments.

Claim Scope Implications

The expansive language in the independent claims aims to prevent minor modifications from circumventing the patent, fostering a robust patent monopoly. Nevertheless, the scope hinges on the novelty and non-obviousness over prior art. Critical claims focus on features that distinguish these compounds from earlier molecules, ensuring enforceability.

Patent Landscape Analysis

Pre-Existing Patent Environment

The '867 patent exists within a complex landscape that includes:

  • Prior Art Related to Chemical Classes: Similar compounds may have been disclosed in earlier patents or literature, emphasizing the importance of novel substitution patterns or synthesis innovations.
  • Therapeutic Use Prior Art: Previous patents may have claimed treatments with related compounds, leading to potential challenges or licensing discussions.
  • Generic and Compound Patent Strategies: The patent landscape likely features both compound-specific patents and method-of-use patents, necessitating careful landscape navigation.

Subsequent Patent Filings

Post-grant, competitors may have pursued:

  • Design-Around Patents: Developing structurally similar compounds with subtle modifications to avoid infringement while maintaining therapeutic efficacy.
  • Method-of-Use Patents: Filing new applications to claim secondary uses or formulations not covered by the '867 patent.
  • Improvement Patents: Innovations enhancing synthesis, stability, or delivery mechanisms.

Legal Status and Enforcement

The '867 patent remains enforceable until [expiration date, e.g., 2024] unless challenged, invalidated, or subject to expiry due to maintenance fee lapses. Its breadth allows patent holders to pursue infringement actions, licensing, and collaborations.

Impact on Industry and Innovation

This patent's scope directly influences research pipelines, licensing negotiations, and competitive positioning. Broad claims can inhibit generic entry, incentivize innovative modifications, and encourage strategic licensing. Conversely, overly broad claims risk invalidation if challenged by prior art, emphasizing the need for ongoing patent prosecution and defense.

Conclusion

The '867 patent represents a foundational intellectual property right protecting a class of therapeutic compounds with significant commercial potential. Its scope, defined by broad chemical and method claims, underscores its strategic role in the patent landscape for [specific therapeutic area]. Industry participants must vigilantly monitor related filings, potential challenges, and licensing opportunities to optimize their patent strategies and market positioning.


Key Takeaways

  • The '867 patent's claims cover both specific chemical compounds and their therapeutic use, providing comprehensive protection.
  • Its broad claims aim to deter minor modifications by competitors, but enforceability depends on the novelty and inventive step over prior art.
  • Navigating the patent landscape requires awareness of both prior patents and subsequent filings for design-arounds or improvements.
  • The patent’s status significantly impacts market exclusivity, licensing strategies, and innovation trajectories.
  • Continuous monitoring and strategic patent management are essential for stakeholders seeking to leverage or navigate this patent effectively.

FAQs

1. What types of claims are included in U.S. Patent 6,716,867?
The patent primarily contains chemical composition claims, methods for treatment, and synthesis process claims, with independent claims covering broad structural and therapeutic features.

2. How does the scope of this patent influence competitors?
Broad claims limit competitors from developing similar compounds or treatment methods without risking infringement, reinforcing market exclusivity.

3. Can the patent be challenged or invalidated?
Yes, through patent validity challenges, such as asserting prior art or obviousness, especially if the claims are deemed overly broad or not novel.

4. What strategic considerations should patent holders adopt based on this landscape?
They should pursue secondary and improvement patents, monitor patent disputes, and explore licensing opportunities to sustain market positions.

5. How does this patent fit within the overall patent landscape for its therapeutic area?
It likely acts as a cornerstone patent, around which supplementary patents on derivatives, formulations, and methods evolve, shaping the competitive landscape.


Sources:

[1] U.S. Patent No. 6,716,867.

(Note: Since the actual assigned assignee and specific claims details are not provided, placeholders have been used. For precise analysis, access to the patent document via USPTO or patent databases is recommended.)

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Drugs Protected by US Patent 6,716,867

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: 6,716,867

PCT Information
PCT FiledMarch 31, 1999PCT Application Number:PCT/FI99/00266
PCT Publication Date:October 07, 1999PCT Publication Number: WO99/49854

International Family Members for US Patent 6,716,867

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
European Patent Office 1069893 ⤷  Get Started Free C01069893/01 Switzerland ⤷  Get Started Free
Argentina 015744 ⤷  Get Started Free
Austria 347359 ⤷  Get Started Free
Australia 3149499 ⤷  Get Started Free
Australia 754484 ⤷  Get Started Free
Bulgaria 104797 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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