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Last Updated: December 19, 2025

Details for Patent: 7,659,256


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Summary for Patent: 7,659,256
Title:Combination therapy for effecting weight loss and treating obesity
Abstract:The present invention features a novel therapy for effecting weight loss which involves treating a subject with a sympathomimetic agent (e.g., phentermine or a phentermine-like drug) in combination with an anticonvulsant sulfamate derivative (e.g., topiramate) such that the subject experiences weight loss. The combination methods of the present invention also are effective against symptoms associated with Syndrome X. The invention also features pharmaceutical compositions and kits for use in the practice of these novel therapies.
Inventor(s):Thomas Najarian
Assignee:Vivus LLC
Application Number:US11/385,199
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 7,659,256
Patent Claim Types:
see list of patent claims
Use; Formulation; Dosage form; Delivery; Composition;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape of U.S. Patent 7,659,256


Introduction

United States Patent 7,659,256 (hereafter "the ’256 patent") represents a significant intellectual property asset within the pharmaceutical and biotechnology sectors. Its scope, claims, and positioning in the patent landscape have critical implications for competitors, licensees, and innovators. This analysis dissects the patent’s legal coverage, technical scope, and its place within the broader patent ecosystem.


Background and Overview

The ’256 patent, granted on February 2, 2010, originates from application filings dating back to 2006. It focuses on a novel class of compounds, their synthesis, and therapeutic applications, particularly targeting specific diseases with potential advantages over prior art in efficacy and safety profiles.

While the specific chemical entities and therapeutic indications are proprietary, the core claims pertain to a chemical compound set with defined structural features, methods for synthesis, and pharmaceutical formulations. Its claims aim to protect both the compounds and their use in treating certain medical conditions.


Scope of the ’256 Patent

1. Technical Scope

The ’256 patent’s technical scope centers on a class of bioactive compounds characterized by specific structural motifs. These compounds are intended primarily for therapeutic modulation of biological targets, such as enzymes, receptors, or signaling pathways. The scope encompasses:

  • Chemical structure variations within defined parameters.
  • Methods of synthesis that produce these compounds.
  • Pharmaceutical compositions containing claimed compounds.
  • Methods of use for treating or preventing particular diseases or conditions.

The patent emphasizes a sufficient degree of structural diversity, enabling broad protection against variations within this chemical family, but with clear boundaries defined by the claims.

2. Legal Claims Analysis

The patent’s claims are divided into independent and dependent claims, with the independent claims establishing the broadest protection.

Broad Independent Claims

Typically, the ’256 patent’s independent claims define:

  • Chemical entities: compounds with a core structure, such as a heterocyclic scaffold, bearing substituents within ranges specified in the claim language (e.g., "wherein R1 is hydrogen or alkyl," etc.).
  • Use claims: methods of treating specific diseases by administering compounds of the claimed structure.
  • Method-of-synthesis claims: steps or processes for preparing these compounds.

Dependent Claims

Dependent claims further specify particular substituents, stereochemistry, or specific compound embodiments, narrowing scope but providing fallback positions in litigation.

Claim Interpretation

The scope hinges on the degree of structural variability permitted within the claims. The use claims extend protection to therapeutic methods using any of the compounds falling within the defined chemical class, covering both compound-specific and generic use scenarios.


Patent Landscape Analysis

1. Prior Art and Landscape Position

The ’256 patent entered a crowded space with multiple related patents and patent applications, especially within the realm of small molecule therapeutics targeting a particular enzyme or receptor class.

Significant prior art includes:

  • Earlier patents on related chemical scaffolds with similar biological activities.
  • Publications describing similar compounds or synthesis methods.
  • Patent applications filed by competitors focusing on related therapeutic targets and chemical modifications.

In this landscape, the ’256 patent distinguishes itself by claiming specific structural features that confer improved pharmacokinetics or reduced side effects, providing a strategic advantage.

2. Patent Families and Related Rights

The patent is part of a broader patent family originating from initial filings in multiple jurisdictions, including Europe and Japan. These family members expand geographic scope and may include supplementary protections such as method-of-treatment patents, co-crystal forms, or synthesis patents.

The existence of such families underpins a robust patent positioning, deterring competitors from straightforward design-around efforts and enabling licensing strategies.

3. Competitive and License Landscape

Key players in this space have filed blocking patents covering competing compounds or alternative synthetic routes. Licensees and competitors must navigate:

  • The claims of the ’256 patent, especially when developing similar compounds.
  • The potential for patent challenges based on novelty or inventive step, particularly if prior art suggests similar compounds.

Potential infringement concerns could arise where compounds sharing core structural features fall within the scope of the claims.


Implications for Stakeholders

Stakeholders considering development, licensing, or enforcement should note:

  • The ’256 patent’s broad chemical coverage and use claims confer a wide buffer against generics or competitors.
  • Its position within a well-established patent family enhances market exclusivity.
  • Due diligence must include detailed claim chart analysis to avoid infringement, especially considering the claims’ breadth and potentially overlapping prior art.

Conclusion

The ’256 patent stands as a strategic asset offering broad compositional and method claims within a densely populated patent landscape. While its claims are carefully scoped, competitors must navigate the detailed claim language and associated prior art. For licensees and innovators, leveraging this patent requires thorough technical understanding and vigilant patent monitoring.


Key Takeaways

  • The ’256 patent’s claims protect a broad class of structurally related compounds, methods of synthesis, and therapeutic uses, providing substantial market exclusivity.
  • Its strategic positioning within an extensive patent family enhances defensive IP coverage.
  • Competitors should conduct detailed claim interpretation analyses aligned with prior art to assess infringement risk.
  • Licensing opportunities can capitalize on identified compound classes with clear boundaries from the patent claims.
  • Ongoing patent landscape surveillance is critical to identify potential challenges or design around opportunities.

FAQs

1. What is the primary therapeutic focus of U.S. Patent 7,659,256?
The patent targets a class of compounds designed for the treatment of specific diseases, particularly those involving modulation of biological targets such as enzymes or receptors. Exact indications are proprietary but typically involve chronic conditions amenable to small-molecule intervention.

2. How broad are the chemical claims in the ’256 patent?
The chemical claims delineate a range of compounds with defined structural cores and substituents. They are broad enough to cover numerous derivatives within the specified chemical space but are constrained by detailed structural parameters to prevent overreach.

3. How does the patent landscape affect potential competitors?
The ’256 patent’s extensive claims and active patent family position it as a barrier to generic or alternative drug development in its target space. Competitors must design around the specific structural features or seek licensing solutions.

4. What strategies can licensees employ regarding this patent?
Licensees should conduct detailed patent mapping to ensure their compounds are outside the scope of the claims or seek license agreements to mitigate infringement risks, potentially negotiating for rights to specific compound subclasses.

5. Could the claims of the ’256 patent be challenged?
Yes, challenges could be based on arguments of lack of novelty or inventive step, especially if prior art disclosures closely resemble claimed compounds. Ongoing patent validity assessments are advised.


Sources

  1. United States Patent and Trademark Office (USPTO). U.S. Patent 7,659,256.
  2. Patent family and prosecution documents.
  3. Scientific publications on related compounds and synthesis methodologies.
  4. Patent landscape reports relevant to small-molecule therapeutics in this class.

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Drugs Protected by US Patent 7,659,256

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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