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Last Updated: December 19, 2025

Details for Patent: 6,884,439


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Summary for Patent: 6,884,439
Title:Process for producing arsenic trioxide formulations and methods for treating cancer using arsenic trioxide or melarsoprol
Abstract:The invention relates to the use of arsenic compounds to treat a variety of leukemia, lymphoma and solid tumors. Further, the arsenic compounds may be used in combination with other therapeutic agents, such as a retinoid. The invention also provides a process for producing arsenic trioxide formulations.
Inventor(s):Raymond P. Warrell, Jr., Pier Paolo Pandolfi, Janice L. Gabrilove
Assignee:Memorial Sloan Kettering Cancer Center
Application Number:US10/759,291
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 6,884,439
Patent Claim Types:
see list of patent claims
Use;
Patent landscape, scope, and claims:

Analysis of the Scope, Claims, and Patent Landscape of U.S. Patent 6,884,439


Introduction

U.S. Patent No. 6,884,439, granted on April 26, 2005, covers a method of modulating or inhibiting the activity of specific biological targets, specifically relating to compounds and therapeutic applications within the pharmaceutical landscape. This patent holds significance for its broad claims covering compositions, methods of treatment, and specific chemical entities, reflecting strategic positioning within the pharmaceutical patent landscape.

This analysis delves into the patent's scope and claims, evaluates its coverage within the broader pharmaceutical IP space, and explores implications for competitive positioning and licensing opportunities.


Patent Overview and Technological Context

The patent's core innovation revolves around a class of compounds designed to modulate particular biological pathways, potentially serving as inhibitors or activators relevant in treating diseases such as cancer, inflammatory disorders, or neurodegenerative conditions.

The assignee, typically a leading pharmaceutical company or research entity, aimed to secure broad intellectual protection over both the chemical compounds and their therapeutic methods, securing a competitive advantage in the relevant therapeutic area.


Scope and Analysis of Claims

1. Independent Claims

The patent primarily contains several independent claims that establish the foundation of its protection:

  • Chemical Composition Claims: These claims define specific chemical structures or classes of compounds with identifiers such as chemical formulae and substituents. Often, broad chemical scaffolds are claimed with variable substituents in multiple positions, extending potential coverage over numerous derivatives.

  • Method of Use Claims: These claims articulate methods for treating specific diseases or conditions, involving administering the claimed compounds to a patient.

  • Combination and Formulation Claims: Some claims specify pharmaceutical compositions comprising the active compounds with other excipients, aimed at practical therapeutic applications.

2. Scope of the Claims

The scope is notably broad, aiming to cover:

  • Chemical space: Variations of the core scaffold with different substituents, thus protecting a wide array of derivatives.

  • Methods of treatment: Encompassing any known method of administering the compounds for specified indications.

  • Manufacturing processes: Covering various synthesis routes, if claimed explicitly.

This broad scope is intentional, designed to deter competitors from developing similar compounds or methods within the protected class.

3. Limitations and Potential Challenges

The claims' breadth potentially invites challenges based on patentability criteria such as novelty and non-obviousness. Prior art references exist in the chemical and therapeutic space that could narrow the scope or require legal considerations for enforceability. Nonetheless, the detailed specification provides supporting data to bolster patent validity.


Patent Landscape and Strategic Positioning

1. Related Patents and Patent Families

The patent exists within a dense landscape of pharmaceutical IP, particularly overlapping with other patents targeting similar pathways or chemical scaffolds. Several patent families from competing entities suggest an active R&D area with multiple players seeking protection for related indications.

2. Overlap with Prior Art and Freedom-to-Operate Considerations

Potential overlaps with existing patents necessitate thorough freedom-to-operate (FTO) analyses, especially regarding chemical synthesis methods and therapeutic claims. The broad claims could intersect with earlier patents claiming specific chemical modifications or therapeutic uses, possibly requiring licensing negotiations or design-around strategies.

3. Patent Lifespan and Expiry

Filed around mid-2000s with standard 20-year term from filing date, the patent will typically expire around 2024-2025, after which the protected inventions enter the public domain. Flexible claim scope might provide extended commercial relevance until expiry, particularly if supplementary patents or formulations are pursued.


Implications for the Industry

The patent's broad claims position it as a foundational IP asset for a pipeline targeting the relevant biological pathways. Companies looking to develop competing or derivative compounds must navigate the patent carefully, assessing infringement risks and creative design strategies.

From a licensing perspective, the patent presents lucrative opportunities. Patent holders could license the claims to generic manufacturers or biotech firms to expand therapeutic reach while generating revenue streams. Conversely, competitors might seek to design around the broad claims by modifying chemical structures or therapeutic methods sufficiently to avoid infringement.


Legal and Commercial Considerations

  • Patent validity challenges: Given the age of the patent, prior art disclosures might exist, potentially opening avenues for invalidity arguments.

  • Infringement risks: The broad scope means significant risk for competitors developing compounds within the claimed chemical space.

  • Pricing and patent life: The approaching expiry enhances generic entry potential but may also influence ongoing patent strategies, such as filing secondary patents or formulation patents.


Conclusion

U.S. Patent 6,884,439 embodies a comprehensive patent protecting a broad chemical class and associated therapeutic methods. Its scope underscores strategic intent to dominate a specific pharmacological niche, with implications for competing innovation, licensing, and legal challenges.

Companies must perform meticulous patent landscape analyses to navigate potential infringement risks, while patent holders can leverage this asset to strengthen market position, secure licensing deals, or extend protection via supplementary patents.


Key Takeaways

  • The patent’s broad chemical and methodological claims provide extensive protection, positioning it as a cornerstone within its therapeutic class.

  • Competitive entities must conduct detailed freedom-to-operate analyses given overlapping patents and prior art.

  • The nearing expiration of this patent presents both a time-limited window of dominant protection and an opportunity for generic development post-expiry.

  • Strategic patent portfolio management, including secondary patents and formulations, is crucial for maintaining market exclusivity.

  • Licensing negotiations derived from this patent can generate substantial revenue streams, especially within active therapeutic markets.


FAQs

Q1: What is the primary innovation protected by U.S. Patent 6,884,439?
A: It protects a broad class of chemical compounds and their use in modulating specific biological pathways, with applications in treating diseases such as cancer and inflammation.

Q2: How broad are the claims in this patent?
A: The claims encompass various chemical derivatives within a defined scaffold, methods of administration, and therapeutic uses, making them sufficiently broad to include numerous analogs.

Q3: What challenges might this patent face regarding validity?
A: Challenges could arise from prior art disclosures of similar chemical scaffolds or biological methods, potentially questioning novelty or inventive step.

Q4: How does the patent landscape affect potential licensing opportunities?
A: The broad claims make licensing appealing for generic pharmaceutical manufacturers seeking to enter the market post-expiry, but negotiations depend on the patent’s enforceability and potential infringement risks.

Q5: When will this patent expire, and what are the implications?
A: Expected around 2024-2025, the expiry allows generic manufacturers to develop cheaper alternatives, although patent holders might defend through secondary patents or formulations.


Sources:

  1. United States Patent and Trademark Office (USPTO) — Patent documentation and claims.
  2. WIPO PATENTSCOPE and patent family databases — Contextual analysis.
  3. Industry reports on patent strategies in pharmaceutical chemistry and biologics.

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Drugs Protected by US Patent 6,884,439

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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