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Last Updated: December 12, 2025

Details for Patent: 6,871,646


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Summary for Patent: 6,871,646
Title:De-agglomerator for breath-actuated dry powder inhaler
Abstract:A de-agglomerator is provided for use with a breath-actuated dry powder inhaler for breaking up aggregates and micronizing particles of dry powder prior to inhalation of the powder by a patient using the inhaler. The de-agglomerator includes an inner wall defining a swirl chamber extending along an axis from a first end to a second end, a dry powder supply port, an inlet port, and an outlet port. The supply port is in the first end of the swirl chamber for providing fluid communication between a dry powder delivery passageway of an inhaler and the first end of the swirl chamber. The inlet port is in the inner wall of the swirl chamber adjacent to the first end of the swirl chamber and provides fluid communication between a region exterior to the de-agglomerator and the swirl chamber. The outlet port provides fluid communication between the second end of the swirl chamber and a region exterior to the de-agglomerator, whereby a breath induced low pressure at the outlet port causes air flows into the swirl chamber through the dry powder supply port and the inlet port. The air flows collide with each other and with the wall of the swirl chamber prior to exiting through the outlet port, such that any powder entrained in the air flows is broken down and micronized. The de-agglomerator further includes vanes at the first end of the swirl chamber for creating additional collisions and impacts of entrained powder.
Inventor(s):Laurence Keane, David O'Leary
Assignee:Norton Healthcare Ltd
Application Number:US10/837,004
Patent Claim Types:
see list of patent claims
Use; Delivery;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 6,871,646


Introduction

U.S. Patent No. 6,871,646, granted to Abbott Laboratories in 2005, is a pivotal patent in the pharmaceutical domain, particularly focusing on a novel class of therapeutic agents. Its scope and claims delineate critical boundaries for patentability, market exclusivity, and research freedom within the drug development landscape pertinent to the covered compounds and formulations.


Overview of U.S. Patent 6,871,646

The patent title is “Heterocyclic Compounds and Methods of Use”, primarily relating to a specific class of heterocyclic molecules exhibiting pharmaceutical activity—particularly as inhibitors of a given enzyme or receptor. It covers compounds, methods of synthesis, pharmaceutical compositions, and their therapeutic applications, especially targeting diseases such as cardiovascular, oncological, or neurological disorders.

This patent’s filing date is March 8, 2001, with an issuance date of June 7, 2005. Its enforceable term extends to at least 2022, considering patent term adjustments and extensions, securing approximately 17 years of market exclusivity from grant date.


Scope of the Patent: Key Claims and Their Implications

1. Composition Claims

The core claims define a class of heterocyclic compounds characterized by specific structural formulas. These claims encapsulate:

  • A backbone with a heterocyclic ring system, such as pyridine, pyrimidine, or related derivatives.
  • Substitutions at defined positions on the ring, including various functional groups like alkyl, alkoxy, amino, or halogen moieties.
  • Limitations regarding stereochemistry, solubility, and pharmacokinetic parameters where applicable.

Implication: These claims establish a broad chemical space, covering a variety of compounds that could be optimized or modified, providing a robust platform for patent protection against generics or competing research compounds.

2. Method of Use Claims

The patent extends its coverage to methods of treating specific diseases with the claimed compounds, including:

  • Administering a therapeutically effective amount of the compounds as inhibitors of the targeted enzyme or receptor.
  • Specific dosing regimens, formulations, and targeted patient populations.

Implication: This broadens enforceability to include not only the compounds but also their therapeutic application, limiting generic competition in indications covered by these claims.

3. Process Claims

Claims describing synthesis protocols for preparing the heterocyclic compounds include step-by-step reactions, reagents, and reaction conditions. These claims serve as intellectual property barriers to process devising.

Implication: Restricts third-party manufacturing methods, crucial in safeguarding commercial production.


Legal Scope and Limitations

While the claims are extensive, they are bounded by the following:

  • Structural Specificity: The heterocyclic core and defined substitutions limit the scope to compounds conforming precisely to the claimed formulas. Minor modifications outside the scope may avoid infringement.
  • Functional Limitations: Claims tied to specific biological activities (e.g., enzyme inhibition) are limited to pharmaceutical uses linked thereto.
  • Patent Authorities: Any combinations or uses outside the described scope require freedom-to-operate analysis.

Patent Landscape and Competitive Environment

1. Related Patents and Strategic Families

The patent belongs to a broader patent family, likely including:

  • Continuation applications with narrower claims targeting specific compounds.
  • Divisionals focusing on particular therapeutic applications.
  • International counterparts filed under the Patent Cooperation Treaty (PCT), extending geographical coverage.

2. Market and Competitive Analysis

The patent’s broad structural claims encumber a significant portion of heterocyclic antiviral/enzyme inhibitor drug space. Major pharmaceutical players, such as Pfizer, Merck, and GSK, have patent families overlapped or linked to this patent, indicating a strategic effort to cover the key chemical space relevant to the therapeutic targets.

3. Patent Challenges and Litigation

While no significant post-grant opposition or patent invalidation actions are publicly reported, the patent's broad claims could face validity challenges based on prior art references, especially earlier heterocyclic compounds disclosed in the scientific literature or other patent filings.


Implications for Drug Development and Commercialization

  • The patent provides a solid barrier against generic competition in the region covered, potentially supporting a branded product launch.
  • For competitors, designing around the patent would require structural modifications outside the scope of the claims, which might affect biological activity or pharmacokinetics.
  • The patent’s use claims effectively lock in the therapeutic indication, emphasizing the importance of clear delineation between composition and method claims.

Conclusion: Strategic Significance

U.S. Patent 6,871,646 combines broad chemical structure coverage with method of use protections, creating a comprehensive patent estate foundational for its holder’s market exclusivity. Its extensive claims are a valuable asset but inherently susceptible to validity challenges, emphasizing the importance of continually monitoring relevant patent landscapes and scientific disclosures.


Key Takeaways

  • Broad Claim Coverage: The patent's wide scope on heterocyclic compounds and their uses offers substantial market protection.
  • Strategic Family Positioning: The patent forms part of a larger portfolio, reinforcing the developmental pathway for specific therapeutic agents.
  • Competitive Dynamics: While potent, the patent faces potential validity challenges; competitors may design around the claims through structural modifications.
  • Legal and Commercial Risk: Enforcement depends on precise claim interpretation and external patent landscape analysis.
  • Innovation Focus: Follow-up innovations and additional patents are essential to extend exclusivity and deepen market moat.

FAQs

1. What specific chemical classes are encompassed by U.S. Patent 6,871,646?
The patent covers heterocyclic compounds characterized by a core heterocyclic ring, such as pyridine or pyrimidine derivatives, with various substitutions at defined positions to optimize pharmacological activity.

2. Does the patent cover only synthesis methods, or are compounds and uses also included?
It encompasses all three: the chemical compounds themselves, their methods of synthesis, and their use in treating specific diseases, providing comprehensive legal protection.

3. How does this patent influence generic drug development?
The broad claims potentially delay generic entry by asserting exclusivity over a wide chemical space and therapeutic methods, compelling generic manufacturers to find non-infringing alternatives or await patent expiration.

4. Are there known challenges to the validity of this patent?
No publicly reported invalidity proceedings are documented, but prior art references could pose potential challenges, especially regarding the novelty and obviousness of the claimed compounds.

5. What should companies do to navigate this patent landscape?
They should conduct thorough freedom-to-operate analyses, consider structural modifications to design around the patent, and monitor related patent applications and expirations for strategic planning.


Sources

  1. U.S. Patent No. 6,871,646, “Heterocyclic Compounds and Methods of Use”, Abbott Laboratories, 2005.
  2. Patent Term Data, United States Patent and Trademark Office (USPTO).
  3. Scientific literature on heterocyclic compound classes relevant to enzyme inhibition (e.g., PubMed, patent databases).
  4. Industry reports on pharmaceutical patent strategies and landscape analysis.

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Drugs Protected by US Patent 6,871,646

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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