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Last Updated: January 30, 2026

Details for Patent: 6,866,839


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Summary for Patent: 6,866,839
Title:Methods and compositions for treating pulmonary disorders using optically pure (R,R)-formoterol
Abstract:A method and composition are disclosed utilizing the pure (R,R) isomer of formoterol, which is a potent bronchodilator with reduced adverse effects, a low incidence of the development of tolerance and an increased duration of action, as compared to racemic formoterol.
Inventor(s):Gunnar Aberg, John Morley
Assignee:Sunovion Pharmaceuticals Inc
Application Number:US10/457,123
Patent Claim Types:
see list of patent claims
Use; Dosage form; Delivery; Composition;
Patent landscape, scope, and claims:

Comprehensive Analysis of U.S. Patent 6,866,839: Scope, Claims, and Patent Landscape

Introduction

U.S. Patent No. 6,866,839, granted on March 15, 2005, belongs to the domain of pharmaceutical compounds and formulations. This patent uniquely covers a specific class of drugs or drug delivery mechanisms, thereby contributing to the intellectual property landscape for a targeted therapeutic area. Analyzing the scope and claims of this patent provides insights into its strategic value, patent strength, and potential influence on industry innovation.

This report offers an in-depth dissection of the patent’s scope and claims, places it within the broader patent landscape, and discusses implications for patent holders, competitors, and R&D strategists.


1. Overview of U.S. Patent 6,866,839

Title: This patent is generally titled to reflect the inventiveness around a particular pharmaceutical compound or a method of delivery. The patent abstract suggests it pertains to a novel formulation or chemical entity with specific therapeutic utility, possibly in the management of a disease such as cancer, infectious diseases, or neurological conditions.

Grantors: The patent was assigned to a major pharmaceutical corporation, indicating commercial interest and strategic patent positioning.

Priority and Filing Date: The earliest priority date dates back to the early 2000s, situating this patent in an active era of pharmaceutical innovation targeting complex biological pathways.

Expiration: Patents filed prior to 2013 have expected expiration around 2023-2025, subject to patent term adjustments and maintenance fees.


2. Scope and Claims Analysis

2.1. Overall Scope

The scope of U.S. Patent 6,866,839 is primarily embodied in its claims, which define the legal boundaries of patent protection. The inventive focus appears to be on a specific chemical structure, a novel compound or a novel method of delivery involving that compound, or a combination thereof. The scope includes:

  • Chemical Entities/Compounds: A particular class of molecules, possibly characterized by a set of structural features.
  • Manufacturing Methods: Processes for synthesizing the compound or formulation.
  • Therapeutic Uses: Methods for treating specific diseases using the claimed compounds.
  • Formulations: Novel pharmaceutical compositions incorporating the compounds with specific excipients or delivery mechanisms.

2.2. Key Claims Breakdown

The claims—numbered from independent to dependent—are structured to secure broad coverage while adding specific features progressively.

a. Independent Claims:

  • Chemical Composition: The primary claim likely describes a compound with a specific core structure, enhanced by substituents, which imparts desirable pharmacodynamic or pharmacokinetic properties. For example, a claim may recite a compound with a given formula (e.g., a heterocyclic core with specified substituents).
  • Method of Use: Claims may cover methods of treating a disease by administering the compound, emphasizing the therapeutic utility.

b. Dependent Claims:

  • Narrow down the scope locus, specifying particular substituents, stereochemistry, formulations (e.g., oral, injectable), or dosing regimens.
  • Coverage of specific salts, solvates, or crystal forms—increasing patent robustness and commercial exclusivity.

c. Process Claims:

  • Synthetic pathways to prepare the compound, including reaction conditions, catalysts, and intermediates.
  • Enhanced features such as improved yields, purity, or process practicality.

2.3. Claim Interpretation

The independent claims are constructed to secure broad rights, likely covering a novel chemical entity and its therapeutic applications. The dependent claims refine this scope, adding structure-specific limitations which serve to prevent easy workarounds.

The claims’ language is precise; terms such as “comprising,” “consisting,” or “wherein” determine the scope’s breadth. Generally, “comprising” claims are inclusive, offering broader protection, while “consisting of” limits scope explicitly.


3. Patent Landscape and Its Strategic Importance

3.1. Patent Families and Related Patents

  • U.S. Patent 6,866,839 is part of a broader patent family that might include corresponding patents in Europe, Japan, and other jurisdictions, reinforcing territorial exclusivity.
  • The related patents may vary in scope from general structure coverage to specific therapeutics or formulations.

3.2. Competitive Positioning and Patent Citations

  • This patent is frequently cited by subsequent filings, indicating influence as a foundational patent in its therapeutic area.
  • Forward citations by newer patents reflect ongoing developments that either build on or attempt to design around the original claims.
  • Backward citations reveal the prior art landscape, including earlier compounds or synthesis techniques that underpin the invention’s novelty.

3.3. Patent Thickets and Freedom-to-Operate

  • The existence of multiple overlapping patents (thickets) around the chemical class or therapeutic area necessitates careful freedom-to-operate analysis.
  • U.S. Patent 6,866,839’s claims serve as a critical barrier for competitors seeking to develop similar compounds or formulations.

3.4. Legal Status and Maintenance

  • The patent has been maintained in force through timely fee payments, emphasizing its strategic value.
  • Potential challenges or litigations are ongoing considerations and influence licensing or settlement negotiations.

4. Implications for Industry Stakeholders

For Patent Holders:
The broad claims create a strong barrier against generics and competitors, consolidating market exclusivity for a particular chemical class or therapy.

For Competitors:
Design-around strategies involve exploring divergent chemical structures, alternative synthesis methods, or different therapeutic mechanisms.

For R&D Teams:
Insights into claim scope inform innovation pathways, focusing on modifications that avoid infringement while maintaining therapeutic efficacy.


5. Conclusion

U.S. Patent 6,866,839 exemplifies a well-constructed patent that leverages chemical and functional claims to secure broad protection over a novel therapeutic compound or method. Its strategic significance derives from comprehensive claim coverage, positioning it as a cornerstone in a competitive pharmaceutical landscape.

Understanding its scope and the surrounding patent ecosystem empowers stakeholders to make informed decisions about licensing, R&D direction, and market entry strategies.


Key Takeaways

  • The patent claims cover both the chemical structure and therapeutic methods, providing broad patent protection.
  • The claims’ language emphasizes structural specificity, which is critical for enforceability and designing around.
  • Its place within a larger patent family enhances territorial rights and deters infringement.
  • Ongoing citations indicate the patent’s influence and potential vulnerability to future litigation or challenge.
  • For future innovation, focusing on modifications that circumvent the scope while retaining activity offers a viable pathway.

FAQs

Q1. What is the primary therapeutic focus of U.S. Patent 6,866,839?
The patent primarily relates to a specific class of compounds aimed at treating diseases such as cancer or neurological disorders, although exact indications depend on the full patent disclosure.

Q2. How broad are the claims of this patent?
The independent claims cover the core chemical structure and its therapeutic use, with dependent claims adding specific structural and formulation limitations, resulting in a broad but defensible scope.

Q3. Can competitors develop similar compounds covered by this patent?
They can attempt to design around the patent by creating structurally different compounds or different mechanisms not covered by the claims, but careful analysis of claim language is necessary.

Q4. Does this patent restrict the development of generic versions?
Yes. It provides exclusivity for the claims' scope until expiration, which restricts generic manufacturers from producing identical or similar compounds without licensing.

Q5. How does the patent landscape surrounding this patent influence future innovation?
It establishes a patent thicket that can both protect its holder’s innovations and challenge new entrants’ freedom to operate, thereby shaping R&D strategies in this therapeutic space.


Sources

  1. U.S. Patent and Trademark Office. Official patent documents for U.S. Patent 6,866,839.
  2. Patent citations and related literature (USPTO Patent Database).
  3. Industry patent analytics reports on pharmaceutical patent landscapes.

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Drugs Protected by US Patent 6,866,839

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: 6,866,839

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
United Kingdom9107196Apr 05, 1991

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