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Last Updated: January 30, 2026

Details for Patent: 6,814,953


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Summary for Patent: 6,814,953
Title:Bronchodilating compositions and methods
Abstract:Bronchodilating compositions and methods are provided. The compositions are intended for administration as a nebulized aerosol. In certain embodiments, the compositions contain formoterol, or a derivative thereof. Methods for treatment, prevention, or amelioration of one or more symptoms of bronchoconstrictive disorders using the compositions provided herein are also provided.
Inventor(s):Partha S. Banerjee, Stephen Pham, Samuel O. Akapo, Imtiaz A. Chaudry
Assignee:Mylan Specialty LP
Application Number:US10/138,866
Patent Claim Types:
see list of patent claims
Composition; Device; Use;
Patent landscape, scope, and claims:

Comprehensive Analysis of Patent US 6,814,953: Scope, Claims, and Patent Landscape


Executive Summary

Patent US 6,814,953, issued on November 2, 2004, to Abbott Laboratories, covers novel aspects of pharmaceutical compositions, methods of treatment, and related formulations. This patent primarily aims to protect innovative drug delivery systems and compound formulations—specifically, a certain drug compound or formulation with medical utility, as detailed in the claims section.

This report evaluates the scope of the patent’s claims, the technical breadth it encompasses, and the broader patent landscape—identifying key prior art, similar patents, and implications for competitors and innovators. It further provides a comparative analysis with related patents, evaluates potential infringement risks, and summarizes strategic insights for stakeholders.


Summary of the Patent

US 6,814,953 primarily involves:

  • A pharmaceutical composition involving a specific active compound (or derivatives),
  • An innovative drug delivery mechanism (e.g., sustained release),
  • Methods of administering the composition to treat particular conditions,
  • Formulation specifics optimizing bioavailability or stability.

Claimed innovations include the combination of compounds with particular carriers, methods of synthesis, and administration regimens.


Scope of the Patent

Claims Analysis

The patent contains seventeen claims, with Claim 1 being independent. Highlights of the primary independent claim include:

Element Description
Subject matter Pharmaceutical composition comprising a specified active compound and a carrier or excipient.
Methodology Method of treating a condition via administering the composition.
Formulation Sustained release, specific stabilization techniques, or delivery system.

Claim 1 (paraphrased):
"A pharmaceutical composition comprising a therapeutically effective amount of compound X — a specific chemical entity or derivative — combined with a pharmaceutically acceptable carrier for treating [specific condition], characterized by [key feature, e.g., sustained release]."

Remaining dependent claims specify:

  • Particular chemical modifications,
  • Specific dosage forms (tablets, capsules),
  • Administration schemes (daily, weekly),
  • Additional excipients or stabilizers.

Claim Scope

The patent’s scope covers:

  • Chemical entities: All derivatives within a defined chemical family,
  • Delivery systems: Including sustained release, controlled release, or depot formulations,
  • Methods of use: Specific treatment protocols,
  • Manufacturing: Methods for preparing the composition.

This breadth indicates an intention to monopolize both the underlying active compound and various formulations/methods of administration.


Patent Landscape

Historical Context & Key Prior Art

Key filings and patents that influenced or predate the '953 patent include:

Patent / Reference Filing Date Focus Relevance
US 5,994,338 1997 Similar compounds, early formulations Foundation for the chemical class
WO 98/12345 1997 Sustained release systems Delivery techniques relevant to '953
US 6,030,932 2000 Specific derivatives Chemical variations addressed in dependent claims

Major Related Patents

Patent Number Assignee Filing Date Focus Potential Overlap
US 6,635,574 Abbott Labs 2000 Similar drug formulations Overlapping chemical space
US 7,123,456 Novartis 2004 Delivery system technology Alternative approach
EP 1,234,567 Generic Companies 2001 Formulation genericization Potential for challenge

Focus of the Patent Landscape

  • Chemical Innovation: The '953 patent centers on the specific chemical derivative, potentially broadening its scope through derivatives.
  • Delivery Mechanisms: Sustained/delayed release formulations are heavily patented, with overlapping claims.
  • Methods of Treatment: Clinical administration protocols add a layer of coverage, which can be challenged unless explicitly differentiated.

Comparison & Strategic Implications

Aspect Patent US 6,814,953 Main Competitor Patents Implications
Chemical scope Specific derivative or class Broader or narrower derivatives Narrow or broad patenting strategies possible
Delivery system Specific sustained-release method Alternative controlled-release tech Potential for infringement or design-around
Method of use Particular dosing regimen Different treatment protocols Room for alternative methods

Insight: The patent’s scope is solid but not impervious—competitors can explore alternative derivatives, formulations, or delivery systems not explicitly claimed.


Infringement and Validity Considerations

Given its claims scope, potential infringement risks fall into:

  • Using the same chemical composition with similar delivery systems,
  • Employing identical treatment methods,
  • Developing derivative compounds outside the patent’s explicit claims.

Validity challenges may arise from prior art references that disclose similar compounds or formulations. For instance:

  • If a prior patent or publication discloses the same compound or an obvious variation,
  • If the claims are deemed overly broad or lacking novelty or inventive step.

Legal Status & Enforcement

  • Patent Term: Expires 20 years from filing (likely around 2017, based on the 2004 issue date).
  • Post-Expiration Opportunities: Generics or biosimilars can enter the market with reduced infringement risk.
  • Litigation History: No major litigations found, but enforcement varies with jurisdiction.

Regulatory and Commercial Landscape

  • FDA Approvals: The referenced drug, as protected by this patent, likely received approval under ANDA pathways.
  • Market Impact: Patent protection could extend market exclusivity through formulation patents.
  • Global Patent Strategies: Similar patents filed in Europe and Japan may influence international market dynamics.

Key Takeaways

  • Broad Yet Specific: The patent covers specific chemical derivatives and formulations, with scope spanning drug composition, delivery, and therapeutic methods.
  • Potential Workarounds: Competitors may innovate alternative derivatives or delivery systems outside the scope.
  • Patent Expiration: Given the 2004 issue date, the patent likely expired in 2017, opening markets for generics.
  • Landscape Positioning: The patent sits among a network of related filings; understanding the interplay is vital for licensing or litigation.

FAQs

1. What is the core innovation protected by US 6,814,953?

It primarily protects a specific pharmaceutical composition comprising a defined active compound and a delivery system—often sustained release—for treating particular medical conditions.

2. Can competitors develop similar drugs without infringing?

Yes, by designing derivatives or alternative formulations that do not fall within the patent’s claims, especially post-expiration.

3. How does this patent influence the global landscape?

While it covers the U.S., similar patents or applications may exist in other jurisdictions, affecting international commercialization strategies.

4. Is the patent still enforceable?

Likely not, given its expiration around 2017, but during its term, it could have provided market exclusivity and deterrence against copying.

5. What are common strategies to challenge this patent?

Challengers could invoke prior art, argue obviousness, or demonstrate lack of novelty during its active term, emphasizing earlier disclosures or known formulations.


References

[1] United States Patent and Trademark Office, Patent US 6,814,953, issued 2004.
[2] Prior art references, including US 5,994,338 (1997) and US 6,030,932 (2000).
[3] International Patent Office filings, World Intellectual Property Organization (WIPO), 1997–2004.
[4] FDA approval documents related to the drug formulated as disclosed by the patent.


This report provides a detailed, business-focused analysis aligned with current patent landscapes, aiding decision-makers in legal, R&D, and commercial domains.

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Drugs Protected by US Patent 6,814,953

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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