Last Updated: June 9, 2026

Details for Patent: 9,808,587


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Summary for Patent: 9,808,587
Title:Dose counter for inhaler having an anti-reverse rotation actuator
Abstract:An inhaler includes a main body having a canister housing, a medicament canister retained in a central outlet port of the canister housing, and a dose counter having an actuation member for operation by movement of the medicament canister. The canister housing has an inner wall, and a first inner wall canister support formation extending inwardly from a main surface of the inner wall. The canister housing has a longitudinal axis X which passes through the center of the central outlet port. The first inner wall canister support formation, the actuation member, and the central outlet port lie in a common plane coincident with the longitudinal axis X such that the first inner wall canister support formation protects against unwanted actuation of the dose counter by reducing rocking of the medicament canister relative to the main body of the inhaler.
Inventor(s):Declan Walsh, Derek Fenlon, Simon Kaar, Jan Geert Hazenberg, Daniel Buck, Paul Clancy, Robert Charles Uschold, Jeffrey A. Karg
Assignee: Teva Pharmaceuticals Ireland , Ivax Pharmaceuticals Ireland , Norton Waterford Ltd
Application Number:US15/269,249
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 9,808,587
Patent Claim Types:
see list of patent claims
Delivery;
Patent landscape, scope, and claims:

United States Patent 9,808,587 (Inhaler With Dose-Counter Actuation Controlled by Inner-Wall Canister Support Formation): Scope, Claims, and Patent Landscape

What does US 9,808,587 claim in technical terms?

US 9,808,587 is directed to a metered dose inhaler (MDI) architecture where a movable medicament canister drives a dose counter through an actuation member located in the inhaler body. The central claim theme is mechanical geometry inside the canister housing that controls canister motion to prevent unwanted actuation and dose-count errors caused by rocking.

Core structural elements appearing across the independent theme of the claims:

  • A main body with a canister housing
  • A medicament canister that is movable relative to the canister housing
  • The medicament canister is retained in a central outlet port arranged to mate with a canister fire stem
  • A dose counter with an actuation member with at least part of it located in the canister housing and operated by movement of the medicament canister
  • The canister housing has an inner wall
  • A first inner wall canister support formation extending inwardly from a main surface of the inner wall
  • A geometry constraint: a longitudinal axis X passing through the center of the central outlet port
  • A key plane constraint: the first inner wall canister support formation, the actuation member, and the central outlet port (and in some claims also an aperture) lie in a common plane coincident with longitudinal axis X
  • Functional result: the support formation reduces rocking of the medicament canister to protect against:
    • unwanted actuation (claims 1 and theme), and
    • dose count errors by reducing rocking towards or away from the actuation member (claim 12)

The claims then narrow by adding one or more of:

  • The presence and placement of an aperture in the inner wall through which the actuation member extends
  • A more specific form of the “inner wall canister support formation” as a support rail with steps (single or multiple; steps spaced longitudinally; rail merges with the inner wall near the aperture)
  • A variable rail width (width greatest at a location tied to the aperture)
  • Potential redundancy with a second inner wall canister support formation
  • Variations on the support rail count and end placement

Independent claim set: what are the claim pillars?

From the text provided, the independent-like scope is carried by claims 1 and 12–13 (and then refined in 2–11 and 14–22).

Claim 1 pillar (anti-unwanted-actuation via axis-coincident common plane)

Claim 1 ties together:

  • The existence of the inwardly extending support formation on the canister housing inner wall
  • The longitudinal axis X through the center of the central outlet port
  • A common plane coincident with axis X for:
    • the first support formation,
    • the actuation member, and
    • the central outlet port
  • Functional language: protection against unwanted actuation by reducing rocking of the medicament canister relative to the main body

Claim 12 pillar (dose-count error reduction by rocking control)

Claim 12 is similar in layout but explicitly frames the result as:

  • Protection against dose count errors
  • Rocking is reduced towards or away from the actuation member

Claim 12 is useful for landscape mapping because it gives an additional performance statement that can be used to argue infringement where the same geometry results in rocking suppression near actuation.

Claim 13 pillar (aperture + support formation extending to aperture)

Claim 13 introduces a different tightening:

  • An aperture formed in the inner wall through which the actuation member portion extends
  • The support formation extends from the inner surface of the inner wall to the aperture This is a strong boundary condition: it makes the support formation not merely “near” the actuation member but topologically connected from the inner wall to the opening.

What do the dependent claims add? (Scope narrowing map)

Below is a claim-by-claim functional meaning map tied directly to the language you provided.

Geometry and actuation relationship

  • Claim 2: medicament canister is movable relative to the dose counter.
  • Claim 3: aperture exists through inner wall; actuation member portion extends through.
  • Claim 11: adds second inner wall canister support formation while maintaining common-plane coincident with axis X for:
    • first support formation, second support formation,
    • actuation member,
    • central outlet port.

Support rail embodiments

  • Claim 4: first support formation is a support rail extending longitudinally along the inside surface.

  • Claim 6: plurality of support rails extending longitudinally.

  • Claim 8: support rail has two steps spaced longitudinally along inside surface.

  • Claim 9: support rail merges with inner wall at a location adjacent the aperture.

  • Claim 10: support rail width dimension not constant, and is greatest at the merge location (where it is closest to the aperture).

  • Claim 15: first support formation is a support rail (same pattern as claim 4 but tied to claim 13’s aperture-based framework).

  • Claim 17: further plurality of support rails.

  • Claim 18: two rails at opposite ends of inside surface to face each other.

  • Claim 19: support rail includes two steps spaced longitudinally.

  • Claim 20: width greatest at the location where the rail is closest to the aperture.

  • Claim 21: common plane coincident with axis X for:

    • first support formation,
    • aperture,
    • central outlet port.
  • Claim 22: adds second support formation while maintaining common-plane coincidence for:

    • second support formation,
    • first support formation,
    • aperture,
    • central outlet port.

What is the practical scope of infringement exposure?

US 9,808,587 as provided is built around a limited set of mechanical “coordinates”:

  1. A dose-counter actuation member within the canister housing that is operated by canister movement.
  2. A canister support formation on the inner wall that reduces rocking.
  3. A particular axial plane condition tying the support formation, actuation member (at least portion), and the central outlet port (and sometimes the aperture) to a common plane coincident with longitudinal axis X.

That combination creates a design around pivot: if an MDI platform moves the canister to actuate a counter but arranges support features outside that axis-coincident plane, or does not use an inwardly extending formation that controls rocking relative to the actuation member, it will tend to fall outside the literal text you provided. If a competitor instead uses different anti-rocking structures that do not preserve the “common plane coincident with longitudinal axis X” relationship, the claim language becomes a barrier.

Where are the main claim boundaries?

The most infringement-sensitive boundaries in the provided claims:

  • Common plane coincident with longitudinal axis X (claims 1, 11, 12 variants, 21–22)
  • Support formation extending inwardly from main surface of inner wall (claims 1, 12, 13 and descendants)
  • Aperture relationship (claims 3 and 13 onward)
    • The actuation member portion extends through the aperture (claim 3)
    • The support formation extends to the aperture (claim 13)
  • Rail-specific features if a claim narrows to that embodiment:
    • support rail longitudinally extending along inside surface (claims 4/15/17)
    • step geometry (claims 5/8/16/19)
    • variable rail width with greatest width at merge/closest-to-aperture location (claims 10/20)
    • rails count and facing ends (claims 7/18)
    • rail merges with inner wall adjacent the aperture (claim 9)

How strong is the “doctrine of equivalents” hook from the provided text?

The functional language is explicit and repeatedly tied to rocking:

  • Claim 1: reduces rocking of the medicament canister relative to the main body to prevent unwanted actuation
  • Claim 12: reduces rocking towards or away from the actuation member to prevent dose count errors

Even without reading the rest of the patent file, this creates a plausible argument that a similar mechanical anti-rocking structure that preserves actuation control through reduced rocking could be argued as equivalent, but only if the geometry constraints (especially the common plane and axis) are met or close enough in a way that produces the same rocking control “towards or away from the actuation member” result.

What does the claim set imply about prior art? (Landscape inference from claim structure)

The claim structure assumes the existence of:

  • MDIs with movable canisters and dose counters driven by actuation members
  • A known problem: rocking can lead to dose counter errors or unwanted actuation

The added contribution is the internal canister-support geometry inside the housing, including axis-coincident planar placement and rail/step/width tuning.

US patent landscape: likely adjacent claim families (high-level map)

The provided claims are narrow to structural anti-rocking control of canister movement in an MDI dosing-counter mechanism. In an MDI patent landscape, the adjacent clusters typically fall into:

  • Dose-counter actuation mechanisms (gears, cams, ratchets, linear actuation elements)
  • Canister retention and alignment systems (supports, ribs, rails, keying features)
  • Anti-rocking structures (guide surfaces, centering features, internal projections)
  • Actuation member access features (apertures/openings for moving elements inside housings)

US 9,808,587 is positioned at the intersection of:

  • canister-retention/alignment,
  • anti-rocking,
  • and dose-counter actuation access geometry.

That intersection typically means it will be hardest to design around if the competitor must keep the same core “movable canister actuates dose counter” concept while changing only the internal guide/support structure.

Design-around vectors implied by the claim language

Based strictly on the claim wording, potential design around approaches include:

  • Removing or shifting the support formation so it does not lie in a common plane coincident with axis X alongside the actuation member and central outlet port
  • Using support structures that reduce rocking but do not use an inwardly extending formation as claimed (replacing with external compliance, different bearing surfaces, or different positioning constraints)
  • If using an aperture/opening:
    • not extending the support formation “to the aperture” as in claim 13, and/or
    • positioning the aperture and support formation such that the common-plane relationship is broken
  • If adopting rail-based features:
    • eliminating steps,
    • using constant rail width,
    • not merging rail with inner wall adjacent to the aperture, and/or
    • arranging rail count and facing end placement differently than the claimed options

Practical freedom: which dependent claims are easiest to avoid?

From a freedom-to-operate perspective:

  • If a product does not have rail/step/variable-width structures, then claim coverage may remain at the broader non-rail level only (claims 1/12/13).
  • If it has rail structures, the most avoidable details are the step count/spacing, variable width, and merge location because those are very specific and provide concrete “checkpoints” for non-infringement.

Claim chart skeleton (for infringement screening)

Below is a quick checklist keyed to the claims you provided; it is designed for fast technical screening against product designs.

Claim element (from provided claims) Screening checkpoint Common failure mode for challengers
Movable medicament canister retained in central outlet port Canister translates/rocks relative to housing and is retained at outlet port Designs with fixed canister or different retention location
Dose counter actuation member located in canister housing operated by canister movement Counter is mechanically linked to canister motion through an internal actuation member Electronic counting only; no mechanical coupling
Inner wall has first inwardly extending canister support formation Presence of inward projection/support/rail on inner wall Support features located on different wall surfaces or not inward-extending
Common plane coincident with axis X includes first support formation, actuation member, central outlet port CAD alignment: these features lie on a plane through axis X Designs place guide features off-plane
Rocking reduction to prevent unwanted actuation or dose count errors Device reduces canister rocking relative to housing or actuation member Designs where rocking remains but is tolerated
Aperture in inner wall for actuation member portion Openings allow actuation member to pass Designs where actuation member accesses via different pathway
Support formation extends to aperture Continuity from inner surface to aperture Separate components with gap between rail and aperture
Support rail longitudinal with steps Rail has step(s) features No steps or different step topology
Rail merge adjacent aperture and width greatest at merge/closest Variable width/merge geometry Constant width or merge elsewhere
Second support formation Presence of two formations Single formation only

Key takeaways

  • US 9,808,587 is a mechanical anti-rocking and actuation geometry patent for MDIs where a movable canister drives a dose counter.
  • The claim set repeatedly anchors infringement to a specific internal geometry: support formation, actuation member, and central outlet port lying in a common plane coincident with longitudinal axis X.
  • The aperture-based variants add a tight structural tether: actuation member passes through an inner-wall aperture, and in claim 13 the support formation extends to that aperture.
  • The rail-and-step dependent claims are the most design-aroundable due to their specificity (step count, spacing, merge location, variable width, and facing rail placement).

FAQs

1) Does US 9,808,587 cover dose counters that are purely electronic?

No, based on the claim language: the dose counter has an actuation member located in the canister housing and is operated by movement of the medicament canister, which implies mechanical coupling rather than purely electronic counting.

2) Is the “support formation” limited to a rail?

No. A support formation is claimed broadly as an inwardly extending formation from the inner wall (claims 1 and 12). “Support rail” is a dependent narrowing (claims 4 and 15 and related descendants).

3) What is the highest-risk feature for design-around against these claims?

The common plane coincident with longitudinal axis X that includes the first support formation, the actuation member, and the central outlet port (claims 1, 11, 21, 22). Breaking that alignment is the most direct claim-structure exit.

4) Are steps on the support rail required for coverage?

Not in the broadest versions you provided. Steps appear in dependent claims (for example claims 5, 8, 16, and 19). Coverage at those dependent levels requires those step features.

5) Does the patent require an aperture in the inner wall?

Not for claims 1 and 12 as provided. Claims 3 and 13 and descendants require an aperture through which the actuation member portion extends, and claim 13 requires the support formation to extend to that aperture.


References

[1] United States Patent and Trademark Office. “U.S. Patent 9,808,587.” (bibliographic record and full text of claims).

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Drugs Protected by US Patent 9,808,587

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Teva Branded Pharm QVAR 40 beclomethasone dipropionate AEROSOL, METERED;INHALATION 020911-002 Sep 15, 2000 DISCN Yes No ⤷  Start Trial ⤷  Start Trial Y Y ⤷  Start Trial
Teva Branded Pharm QVAR 80 beclomethasone dipropionate AEROSOL, METERED;INHALATION 020911-001 Sep 15, 2000 DISCN Yes No ⤷  Start Trial ⤷  Start Trial Y Y ⤷  Start Trial
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >TE >Type >RLD >RS >Patent No. >Patent Expiration >Product >Substance >Delist Req. >Patented / Exclusive Use >Submissiondate

International Family Members for US Patent 9,808,587

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2011254958 ⤷  Start Trial
Brazil 112012029106 ⤷  Start Trial
Canada 2799625 ⤷  Start Trial
Canada 2887315 ⤷  Start Trial
Canada 2936362 ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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