Details for Patent: 7,284,474
Summary for Patent: 7,284,474
| Title: | Piston-pumping system having o-ring seal properties | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Abstract: | The present invention relates to a piston pumping system for substantially gas-free measurement and/or pumping of predetermined quantities of liquids, preferably pharmaceutical liquids containing oxidation-prone ingredients. Preferably, the system is used as a micropump or as a component thereof in medical devices such as transdermal therapeutic systems, for example. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Inventor(s): | Jutta Eigemann, Johannes Geser | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Assignee: | Boehringer Ingelheim International GmbH | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Application Number: | US10/727,286 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Patent Litigation and PTAB cases: | See patent lawsuits and PTAB cases for patent 7,284,474 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Patent Claim Types: see list of patent claims | Use; Delivery; Device; | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Patent landscape, scope, and claims: | United States Patent 7,284,474: Claim Scope, Validity Risks, Expiration, and Competitive LandscapeU.S. Patent 7,284,474 protects a narrow piston-pump architecture for delivering small liquid volumes. The independent claim requires a specific combination of pump structure, O-ring properties, groove fill, radial compression, piston movement, valves, storage, and liquid delivery. The strongest protection is directed to the seal-and-groove configuration rather than to piston pumps generally. The patent is a device patent, not a drug patent. It does not claim an active pharmaceutical ingredient, formulation, therapeutic indication, or biologic. It therefore is not ordinarily an Orange Book patent and does not create Hatch-Waxman exclusivity or biosimilar exclusivity. Its commercial relevance depends on whether a drug-delivery device, dispenser, micro-pump, injector, or topical delivery system practices every limitation of an enforceable claim. What does U.S. Patent 7,284,474 claim?Claim 1 requires all of the following elements:
An accused product that lacks one required element does not literally infringe claim 1. The claim is cumulative. A conventional piston pump with an O-ring is insufficient unless the pump also meets the specified permeability, compression, and groove-fill parameters. How broad is the independent claim?The claim is functionally broad in some respects and technically narrow in others. It does not limit the liquid to a drug, cosmetic, reagent, biologic, or other particular composition. The liquid may therefore include pharmaceutical and non-pharmaceutical products, assuming the remaining limitations are met. The claim also does not require a particular actuator. The dependent claims cover mechanical and electronic actuation, but claim 1 can potentially read on either type because it requires only a piston capable of axial stroke movement. The principal narrowing limitations are:
These limitations distinguish the patent from ordinary piston pumps and create substantial proof requirements for enforcement. What do the dependent claims add?
Claims 5 through 7, 15, and 17 collectively define a small-volume pump platform. Claims 12 through 14 extend the invention to electronically controlled and piezoelectric systems. Claim 16 broadens the delivery interface to include direct-contact delivery structures such as micro-pins and microcutters. What formulations and delivery systems are protected?The claims do not protect a formulation as such. They protect a delivery system that conveys liquid through the claimed pump architecture. Potentially relevant applications include:
The claims do not require a particular dosage form. A liquid formulation may be aqueous, nonaqueous, suspension-based, emulsion-based, or solvent-based, provided that the system satisfies the structural and numerical limitations. A dry powder inhaler, ordinary syringe, peristaltic pump, diaphragm pump, or rotary pump would generally fall outside the literal scope unless it also incorporates the claimed piston, guide tube, pumping chamber, seal, and fluid-path arrangement. How should the O-ring limitations be construed?The O-ring limitations are central to both infringement and validity. Nitrogen gas permeation coefficientThe claimed coefficient range is 100 to 500 N·cm³·mm/(m²·h·bar). The relevant test method, temperature, pressure differential, material formulation, and sample geometry may materially affect the result. A dispute may arise over whether the coefficient is measured for:
The patent’s specification and prosecution history would control the final interpretation. The numerical range creates a fact-intensive measurement issue. Radial compression below 30%The claim requires radial compression of less than 30%. Compression may be calculated from the uninstalled cord diameter and installed radial deformation. Small differences in groove dimensions, piston diameter, temperature, and elastomer swelling can affect the result. A product designed at or near 30% creates litigation risk because manufacturing tolerances may produce units above and below the threshold. Groove filling above 90%Groove filling is likely calculated by comparing the O-ring cross-sectional area with the available groove area. Claim 2 raises the threshold above 95%, creating a narrower but potentially stronger position for highly filled grooves. A groove-fill calculation may turn on whether the measurement includes:
These issues should be addressed through engineering drawings, tolerance stacks, material specifications, and physical measurements. How strong is the patent estate?Based on the supplied claims, the patent has a concentrated claim strategy rather than a broad platform claim.
The best enforcement position would involve a commercial micro-pump that uses a silicone O-ring, a highly filled groove, low radial compression, a small piston, a check valve, and a microliter-scale delivery volume. The weakest enforcement position would involve a conventional pump with a different seal geometry, a diaphragm or bellows, a piston seal outside the guide-tube groove, or a groove-fill value below 90%. What are the principal validity risks?AnticipationA prior-art reference would need to disclose every limitation of claim 1, including the numerical O-ring parameters and the claimed fluid-path arrangement. A reference that discloses a piston pump and O-ring but omits the permeability range or groove filling may not anticipate the claim. ObviousnessObviousness is a more significant risk because the claim combines known pump components with defined seal parameters. The critical question would be whether a skilled person would have had a reason to select:
while retaining the claimed piston-pump architecture. Evidence concerning seal leakage, friction, durability, manufacturing tolerance, and pump accuracy would be relevant. Unexpected technical results could support validity if the specification links the claimed parameters to improved performance. IndefinitenessThe numerical limitations may face indefiniteness challenges if the patent does not explain how to measure permeability, radial compression, or groove filling with reasonable reproducibility. The absence of a defined test protocol can create disputes over claim boundaries. Enablement and written descriptionThe specification must support the full claimed ranges and the different actuator and delivery-device embodiments. The broad inclusion of mechanical, electronic, microchip-controlled, and piezoelectric systems may be vulnerable if the disclosure gives only limited implementation detail. When does U.S. Patent 7,284,474 lose exclusivity?A U.S. patent generally expires 20 years after the earliest effective nonprovisional U.S. filing date, subject to patent-term adjustment, patent-term extension, terminal disclaimers, and other statutory adjustments under 35 U.S.C. § 154. The issue date alone does not establish the expiration date. The supplied claim text does not establish:
An exact expiration date therefore cannot be established from the claims alone. The controlling source is the USPTO patent record and the patent’s front page, read together with the applicable term calculation under 35 U.S.C. § 154.[2] Is Patent 7,284,474 listed in the Orange Book?No Orange Book listing should be inferred from the patent number or claims. FDA Orange Book listings generally identify patents submitted for approved drugs, including patents covering active ingredients, formulations, compositions, methods of use, and certain drug-device components under applicable FDA rules.[4] Patent 7,284,474 is drafted as a piston pumping system. It does not claim:
It therefore does not create a conventional Paragraph IV challenge pathway by itself. A generic applicant could still face device-related freedom-to-operate issues if the generic product uses a patented delivery system, but that issue would ordinarily arise outside the standard Orange Book patent-certification framework. Are there Paragraph IV or biosimilar risks?Paragraph IVThe patent is not, based on the supplied claims, a typical Orange Book drug patent. A Paragraph IV certification would be relevant only if the patent were submitted and accepted as covering an approved drug product or qualifying drug-delivery component. BiosimilarsThere is no biosimilar risk from the claims themselves. Biosimilar litigation concerns biologic products and patents under the Biologics Price Competition and Innovation Act. Patent 7,284,474 does not claim a biologic molecule, biologic formulation, or biologic manufacturing method. A biologic manufacturer could still encounter a separate device patent issue if its delivery system incorporates the claimed piston pump. That would be a device freedom-to-operate question, not biosimilar patent protection. What generic launch scenarios are relevant?
The most practical design-around routes are changing the seal type, relocating the seal, altering groove geometry, increasing radial compression, reducing groove fill, replacing the piston architecture, or using a different pumping mechanism. What licensing and litigation issues matter?The claims point to licensing relevance for manufacturers of:
A license should address the entire U.S. claim set, continuation and divisional rights, foreign counterparts, improvements, field restrictions, and responsibility for third-party seal suppliers. No litigation, settlement, or license agreement can be reliably attributed to Patent 7,284,474 from the supplied claim text. Litigation status must be established from USPTO records, PACER, court dockets, and assignment records. A patent-number search should distinguish direct infringement claims from cases involving related continuation patents or foreign family members. What is the geographic coverage?The supplied claims describe U.S. Patent 7,284,474. Its enforceable territorial scope is the United States and its territories, subject to ordinary limitations on extraterritorial infringement. Foreign protection would require separate family-member analysis. Relevant jurisdictions for a drug-delivery pump platform would typically include:
A U.S. claim does not establish that corresponding foreign claims were granted, remain in force, or have the same scope. Key Takeaways
FAQsDoes Patent 7,284,474 cover a syringe?Not generally. A syringe would need to satisfy the claimed guide-tube, piston, pumping-chamber, valve, storage-vessel, delivery-device, and O-ring limitations to present a literal infringement risk. Does the patent cover a piezoelectric drug pump?Potentially. Claims 12 and 14 expressly cover electronic control and piezoelectric piston movement, but the pump must also satisfy every limitation of claim 1. Can a manufacturer avoid the patent by using a non-silicone O-ring?Not necessarily. Claim 8 requires silicone, but claim 1 does not. A non-silicone O-ring could still fall within claim 1 if it satisfies the claimed permeability, compression, groove-fill, and system limitations. Does a groove fill of exactly 90% infringe claim 1?Claim 1 requires a groove filling level of more than 90%. A value exactly at 90% does not meet that limitation literally. Measurement methodology and tolerance evidence could still determine the practical dispute. Does expiration of this patent eliminate all risk for a competing pump?No. Separate continuation patents, foreign patents, improvement patents, design patents, trade secrets, and third-party rights may cover the same or related pump technology. References
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Drugs Protected by US Patent 7,284,474
| 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: 7,284,474
International Family Members for US Patent 7,284,474
| Country | Patent Number | Estimated Expiration | Supplementary Protection Certificate | SPC Country | SPC Expiration |
|---|---|---|---|---|---|
| Australia | 2003293736 | ⤷ Start Trial | |||
| Canada | 2508673 | ⤷ Start Trial | |||
| Denmark | 1579130 | ⤷ Start Trial | |||
| European Patent Office | 1426662 | ⤷ Start Trial | |||
| European Patent Office | 1579130 | ⤷ Start Trial | |||
| Spain | 2410157 | ⤷ Start Trial | |||
| >Country | >Patent Number | >Estimated Expiration | >Supplementary Protection Certificate | >SPC Country | >SPC Expiration |
