Last Updated: November 10, 2026

Details for Patent: RE29618

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Summary for Patent: RE29618
Title:Suppression of cardiac ventricular fibrillation and cardiac arrhythmias with bretylium tosylate
Abstract:A method for suppressing cardiac ventricular fibrillation and cardiac arrhythmias in animals, both human and otherwise, by administration of ortho-bromo benzyl ethyldimethylammonium p-toluene-sulfonate (bretylium tosylate). The drug may be administered prophylactically in the prevention of or in the treatment of ventricular fibrillation or cardiac arrhythmias.
Inventor(s):Marvin B. Bacaner
Assignee: University of Minnesota System
Application Number:US05/781,654
Patent Claim Types:
see list of patent claims
Use; Formulation; Delivery;
Patent landscape, scope, and claims:

United States Drug Patent RE29618: Scope, Claim Construction, Expiration, and Bretylium Tosylate Patent Landscape

United States Reissue Patent RE29618 covers the use of bretylium tosylate to suppress ventricular fibrillation and ventricular arrhythmias, including ventricular tachycardia and ventricular premature beats. Its claims are method-of-treatment claims, not composition, formulation, manufacturing, or product-by-process claims. The patent is long expired and does not create current U.S. exclusivity for bretylium tosylate products.

The principal commercial and legal conclusion is that RE29618 has historical relevance but no material present-day blocking effect on generic bretylium tosylate development, manufacture, FDA approval, or marketing.

What does United States Patent RE29618 protect?

RE29618 protects administering bretylium tosylate to a living subject in an amount sufficient to restore sinus rhythm or suppress specified ventricular arrhythmias.

Claim Subject matter Key limiting elements
1 Broad treatment of ventricular fibrillation and ventricular arrhythmias Bretylium tosylate; amount sufficient to restore sinus rhythm
2 Dose range Claim 1 treatment; approximately 5-50 mg/kg
3 Emergency ventricular fibrillation treatment Acute coronary occlusion; IV aqueous solution; 20-50 mg/kg; vigorous massage; resistance to electrical defibrillation
4 Emergency ventricular fibrillation treatment Acute coronary insufficiency; IV aqueous solution; 20-50 mg/kg; vigorous massage; resistance to electrical defibrillation
5 Oral treatment Oral bretylium tosylate; dosing every six to eight hours to once daily
6 Ventricular fibrillation Bretylium tosylate; amount sufficient to restore sinus rhythm
7 IV administration Claim 6 treatment administered intravenously
8 Ventricular arrhythmias Bretylium tosylate; amount sufficient to restore sinus rhythm
9 Ventricular tachycardia Claim 8 treatment limited to ventricular tachycardia
10 Ventricular premature beats Claim 8 treatment limited to ventricular premature beats
11 Ventricular extrasystoles Claim 8 treatment limited to ventricular extrasystoles
12 Atrioventricular dissociation Claim 8 treatment limited to atrioventricular dissociation
13 IV administration Claim 8 treatment administered intravenously

The patent does not claim bretylium tosylate as a chemical compound. It does not claim a specific injectable formulation, concentration, container, manufacturing process, salt-selection process, or pharmaceutical composition.

How should the RE29618 claims be construed?

Claim 1

Claim 1 is the broadest original treatment claim. A practicing entity would need to establish:

  1. Administration to a living being.
  2. Use of bretylium tosylate.
  3. Treatment of cardiac ventricular fibrillation or cardiac ventricular arrhythmias.
  4. Administration of an amount at least sufficient to restore sinus rhythm.

The claim is functional in two respects. It defines the dose by the therapeutic result, and it requires restoration of sinus rhythm. A product label that merely states that bretylium tosylate may be used for ventricular arrhythmias would not automatically establish infringement. The relevant question would be whether the accused conduct involves the claimed administration and therapeutic purpose.

The phrase "small but effective amount" has little independent limiting value because the claim immediately defines the required amount as one sufficient to restore sinus rhythm. The claim therefore depends on the clinical result rather than a fixed concentration or dose.

Claims 2, 3, and 4

Claim 2 narrows claim 1 to approximately 5-50 mg/kg. Claims 3 and 4 narrow the emergency-use scenario further.

Claim 3 requires:

  • ventricular fibrillation;
  • acute coronary occlusion;
  • intravenous administration;
  • aqueous solution;
  • 20-50 mg/kg;
  • vigorous massage; and
  • an objective of hastening circulation and overcoming resistance to electrical defibrillation.

Claim 4 substitutes acute coronary insufficiency for acute coronary occlusion.

These claims are materially narrower than claim 1. A modern injectable product could fall within the numerical dose range but still avoid claims 3 and 4 if the clinical indication, patient condition, route, or emergency procedure differs. Conversely, the use of an aqueous injectable product does not alone satisfy all limitations.

Claim 5

Claim 5 covers oral dosing at intervals ranging from approximately every six to eight hours to once daily. It is distinct from the IV emergency claims and does not require acute coronary occlusion, acute coronary insufficiency, vigorous massage, or electrical defibrillation.

The claim is directed to a dosing regimen, not an oral dosage-form composition. It does not expressly require tablets, capsules, solutions, or a particular excipient system.

Claims 6 through 13

Claims 6 through 13 divide the broad therapeutic concept into separate fibrillation and arrhythmia categories.

Claim 6 covers ventricular fibrillation. Claim 7 adds IV administration. Claim 8 covers ventricular arrhythmias generally. Claims 9 through 12 identify particular arrhythmias, including ventricular tachycardia, ventricular premature beats, ventricular extrasystoles, and atrioventricular dissociation. Claim 13 adds IV administration to claim 8.

Claims 6 and 8 are functionally similar to claim 1 but are separately focused on ventricular fibrillation and ventricular arrhythmias. The additional claims increase claim-count coverage but do not introduce composition or manufacturing protection.

Is RE29618 a composition patent or a method-of-use patent?

RE29618 is a method-of-use patent.

It does not protect:

  • bretylium tosylate as a molecule;
  • bretylium tosylate as a tosylate salt;
  • a generic bretylium tosylate injectable product;
  • a 50 mg/mL injectable concentration;
  • a particular vial, ampoule, syringe, or container;
  • a sterile manufacturing process;
  • a purification process;
  • a formulation excipient;
  • a packaging system; or
  • a method of treating noncardiac conditions.

The patent could historically have been asserted against a manufacturer or provider whose product labeling, promotional activity, or clinical use encouraged the claimed cardiac indications. It would not have provided the same product-level protection as a compound patent or formulation patent.

When did RE29618 lose exclusivity?

RE29618 has no surviving U.S. patent term. The patent is decades past expiration.

For a pre-1995 U.S. patent, the applicable term was generally 17 years from the original patent grant, subject to the statutory rules then in effect. A reissue patent does not restart the patent term or extend protection beyond the term of the original patent. The relevant expiration analysis therefore requires examination of the original patent from which RE29618 issued, rather than treating the reissue grant date as a new 17-year term. [1]

Issue Legal effect
Reissue grant Corrects or changes the patent under the reissue statute
Reissue date Does not establish a new patent term
Original patent term Controls the outer expiration date
Patent status today Expired
Current exclusivity None based on RE29618

The expired status eliminates current infringement risk under RE29618. It also means that an ANDA applicant does not need to file a Paragraph IV certification against this patent unless the patent appears in a currently relevant Orange Book listing, which would be highly unlikely for an expired historical method patent.

What is the Orange Book status of bretylium tosylate?

The FDA Orange Book is relevant only to patents associated with an approved drug product and listed by the NDA holder in accordance with FDA regulations. Orange Book listing does not revive an expired patent and does not create exclusivity after patent expiration. [2]

Bretylium tosylate is an established active pharmaceutical ingredient with historical use as an antiarrhythmic injection. The product has been marketed in the United States under various commercial and generic arrangements, including injectable products. RE29618 is not a current source of Orange Book exclusivity.

The regulatory issues for a new applicant would be separate from the patent issue. Depending on the regulatory pathway and the status of the reference product, an applicant could need to address:

  • the appropriate abbreviated or full application pathway;
  • reference-listed-drug availability;
  • bioequivalence or clinical bridging;
  • injectable-product quality requirements;
  • sterility assurance;
  • extractables and leachables;
  • container-closure integrity;
  • drug shortage or discontinued-product status; and
  • current FDA labeling requirements.

An expired method-of-use patent does not prevent FDA approval of a generic or follow-on bretylium tosylate product.

Are there formulation patents covering bretylium tosylate?

RE29618 does not contain meaningful formulation protection. Claims 3 and 4 require administration in an aqueous solution, but that limitation describes the route and dosage form used in the claimed treatment method. It does not claim a formulation with defined excipients, pH, concentration, stability profile, or container.

A later formulation patent could theoretically cover a specific injectable composition, but such a patent would need to be analyzed separately. The existence of RE29618 does not establish that any formulation patent exists or remains enforceable.

For commercial diligence, the relevant formulation questions are:

Formulation issue RE29618 coverage
Bretylium tosylate active ingredient No composition claim
Aqueous injectable solution Only as a limitation in claims 3 and 4
Specific concentration No fixed formulation concentration
pH range Not claimed
Preservatives Not claimed
Excipients Not claimed
Sterilization process Not claimed
Container closure Not claimed
Stability profile Not claimed

Does RE29618 create Paragraph IV risk?

No current Paragraph IV risk arises from an expired patent.

Paragraph IV certification applies when an ANDA applicant asserts that a listed patent is invalid, unenforceable, or will not be infringed. A patent that has expired cannot block approval based on remaining patent term. The FDA’s ANDA patent-certification framework is governed by the Hatch-Waxman statute and implementing regulations. [3]

Historically, a listed method-of-use patent could have generated a Paragraph IV dispute if it covered an indication included in the proposed labeling. That issue is no longer commercially material for RE29618.

A current applicant should still review:

  • the Orange Book patent table for the relevant reference product;
  • any later-issued patents;
  • pediatric exclusivity;
  • three-year exclusivity for a new clinical investigation;
  • orphan-drug exclusivity;
  • labeling carve-outs under Section viii; and
  • any active patent litigation involving a current NDA holder.

Those potential rights would arise from later regulatory or patent records, not from RE29618.

What patent litigation and settlements affect RE29618?

No current litigation or settlement agreement can preserve exclusivity after RE29618’s patent term has expired. Any historical enforcement action, ANDA dispute, or licensing arrangement involving the patent would have ended as a practical barrier once the patent expired.

A settlement cannot extend the statutory patent term. It can allocate launch dates or impose contractual restrictions among private parties during the term, but those restrictions do not create a patent right against unrelated companies after expiration.

The claim structure suggests that any historical dispute would likely have focused on:

  • whether bretylium tosylate was administered for the claimed indication;
  • whether the use was ventricular rather than supraventricular;
  • whether the dose fell within the claimed range;
  • whether an accused IV product was used in the specified emergency setting;
  • whether the patient had acute coronary occlusion or insufficiency; and
  • whether the clinical use was directed toward restoring sinus rhythm.

How strong was the RE29618 patent estate?

The estate was narrow in product coverage and relatively broad in therapeutic-use language.

Strength factor Assessment
Compound protection None
Broad method claim Historically meaningful
Fixed-dose protection Limited to dependent claims
IV use protection Present in dependent claims
Oral regimen protection Present in claim 5
Formulation protection Minimal
Manufacturing protection None
Current enforceability None
Design-around potential during term Moderate to high for nonclaimed indications and regimens

Claim 1 had the broadest historical reach because it did not require a specific route, dose, formulation, or disease subtype beyond ventricular fibrillation or ventricular arrhythmias. Claims 2 through 5 were easier to analyze but narrower because they added dose, route, emergency-condition, procedural, or oral-regimen limitations.

The central vulnerability of the claim set was that it depended on a known active ingredient and a therapeutic-use concept rather than controlling the underlying molecule or product. Once the patent expired, competitors could manufacture and market bretylium tosylate subject to FDA, quality, supply-chain, and applicable non-patent requirements.

What generic launch risks exist for bretylium tosylate?

The principal launch risks are regulatory and commercial rather than patent-based.

Regulatory risk

Bretylium tosylate is an older injectable antiarrhythmic. A sponsor would need to establish a viable FDA regulatory pathway, product quality, sterility, and clinical or bioequivalence support appropriate to the reference product and application type.

Manufacturing risk

Potential barriers include:

  • limited qualified API suppliers;
  • low-volume manufacturing economics;
  • sterile injectable capacity;
  • raw-material qualification;
  • impurity control;
  • particulate and endotoxin specifications;
  • container-closure compatibility; and
  • stability data for the finished product.

These barriers are practical IP-adjacent constraints, but they are not claimed by RE29618.

Commercial risk

Bretylium tosylate has a narrow emergency-care market. Demand may be affected by:

  • clinical substitution with other antiarrhythmics;
  • hospital formulary decisions;
  • emergency-use protocols;
  • product shortages;
  • limited purchasing volume; and
  • the cost of maintaining an injectable product for a small market.

A patent-free market does not necessarily produce an attractive generic opportunity when the addressable volume is low and sterile manufacturing costs are high.

How does RE29618 compare with other possible bretylium patents?

Patent category RE29618 Commercial significance today
Compound patent No No protection from RE29618
Salt patent No No protection from RE29618
Injectable formulation patent No Requires separate search
Oral formulation patent No Requires separate search
Manufacturing patent No Requires separate search
Method-of-use patent Yes Expired
Dosing-regimen patent Yes, claim 5 Expired
Product-by-process patent No No protection from RE29618

The patent landscape for a current bretylium tosylate project should therefore distinguish historical use patents from any later patents covering commercial formulations, manufacturing processes, or regulatory exclusivities. RE29618 alone does not support a blocking-rights position.

What is the geographic scope of RE29618?

The patent is a United States right. It has no direct effect in Canada, Europe, Japan, China, or other jurisdictions.

Foreign counterparts would require separate analysis of:

  • national patent numbers;
  • grant and expiration dates;
  • patent-term adjustments or extensions;
  • opposition or revocation proceedings;
  • national claim scope; and
  • local regulatory exclusivities.

Because the active ingredient and clinical use are old, foreign counterparts are also likely to be expired, but that conclusion must be established from each national register rather than inferred solely from the U.S. reissue.

Key Takeaways

  • RE29618 is a method-of-use patent for administering bretylium tosylate to suppress ventricular fibrillation and ventricular arrhythmias.
  • The claims cover broad therapeutic use, specified dose ranges, IV emergency treatment, oral dosing intervals, and particular ventricular arrhythmias.
  • The patent does not claim bretylium tosylate as a compound, an injectable formulation, a manufacturing process, or a container system.
  • The patent term expired decades ago. Reissue did not create a new patent term.
  • RE29618 presents no current Paragraph IV, infringement, Orange Book, or generic-launch barrier.
  • Current commercial risk is more likely to arise from FDA pathway, sterile manufacturing, API supply, product quality, and limited market volume.
  • Any later formulation, manufacturing, or regulatory exclusivity must be analyzed separately from RE29618.

FAQs About Bretylium Tosylate Patent Rights

Can a generic company market bretylium tosylate without licensing RE29618?

Yes. RE29618 is expired, so it does not require a current patent license.

Does claim 3 cover every IV bretylium tosylate injection?

No. Claim 3 requires the specified emergency clinical circumstances, dose range, aqueous IV administration, vigorous massage, and resistance to electrical defibrillation.

Does RE29618 cover oral bretylium tosylate tablets?

Claim 5 covers a method using oral bretylium tosylate at specified dosing intervals. It does not claim tablets or a particular tablet formulation.

Can an expired bretylium patent remain listed in the Orange Book?

An expired patent may remain visible in historical records, but expiration eliminates its ability to block approval or marketing based on remaining patent term.

Are bretylium tosylate biosimilar rules applicable?

No. Bretylium tosylate is a chemically synthesized small-molecule drug, not a biologic. The biosimilar pathway under Section 351(k) of the Public Health Service Act does not apply.

References

  1. United States Patent and Trademark Office. (2024). Manual of Patent Examining Procedure: Chapter 1400, Correction of patents. U.S. Department of Commerce.

  2. U.S. Food and Drug Administration. (2024). Approved drug products with therapeutic equivalence evaluations. Center for Drug Evaluation and Research.

  3. U.S. Food and Drug Administration. (2024). Abbreviated new drug application regulations and patent certifications. 21 C.F.R. §§ 314.94, 314.107.

  4. United States Congress. (1984). Drug Price Competition and Patent Term Restoration Act of 1984, Pub. L. No. 98-417, 98 Stat. 1585.

  5. United States Congress. (1952). Patent Act of 1952, 35 U.S.C. §§ 251, 271, 281.

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