| Title: | Hydroxy-substituted azetidinone compounds useful as hypocholesterolemic agents |
| Abstract: | Hydroxy-substituted azetidinone hypocholesterolemic agents of the formula ##STR00001## or a pharmaceutically acceptable salt thereof, wherein: Ar.sup.1 and Ar.sup.2 are aryl or R.sup.4-substituted aryl; Ar.sup.3 is aryl or R.sup.5-substituted aryl; X, Y and Z are --CH.sub.2--, --CH(lower alkyl)-- or --C(dilower alkyl)--; R and R.sup.2 are --OR.sup.6, --O(CO)R.sup.6, --O(CO)OR.sup.9 or --O(CO)NR.sup.6R.sup.7; R.sup.1 and R.sup.3 are H or lower alkyl; q is 0 or 1; r is 0 or 1; m, n and p are 0-4; provided that at least one of q and r is 1, and the sum of m, n, p, q and r is 1-6; and provided that when p is O and r is 1, the sum of m, q and n is 1-5; R.sup.4 is selected from lower alkyl, R.sub.5, --CF.sub.3, --CN, --NO.sub.2 and halogen R.sup.5 is selected from --OR.sup.6, --O(CO)R.sup.6, --O(CO)OR.sup.9, --O(CH.sub.2).sub.1-5OR.sup.6, --O(CO)NR.sup.6R.sup.7, --NR.sub.6R.sup.7, --NR.sup.6(CO)R.sup.7, --NR.sup.6(CO)OR.sup.9, --NR.sup.6(CO)NR.sup.7R.sup.8, --NR.sup.6SO.sub.2R.sup.9, --COOR.sup.6, --CONR.sup.6R.sup.7, --COR.sup.6, --SO.sub.2NR.sup.6R.sup.7, S(O).sub.0-2R.sup.9, --O(CH.sub.2).sub.1-10--COOR.sup.6, --O(CH.sub.2).sub.1-10CON.sup.6R.sup.7, --(lower alkylene)COOR.sup.6 and --CH.dbd.CH--COOR.sup.6; R.sup.6, R.sup.7 and R.sup.8 are H, lower alkyl or aryl-substituted Ic R.sup.9 is lower alkyl, aryl or aryl-substituted lower alkyl; are disclosed, as well as a method of lowering serum cholesterol by administering said compounds, alone or in combination with a cholesterol biosynthesis inhibitor, pharmaceutical compositions containing them; and a process for preparing them. |
| Inventor(s): | Rosenblum; Stuart B. (West Orange, NJ), Dugar; Sundeep (San Jose, CA), Burnett; Duane A. (Bernardsville, NJ), Clader; John W. (Milton, VT), McKittrick; Brian A. (New Vernon, NJ) |
| Assignee: | Schering Corporation (Kenilworth, NJ) |
| Application Number: | 12/797,341 |
| Patent Litigation and PTAB cases: |
See patent lawsuits and PTAB cases for patent RE42461 |
Patent Claim Types:
see list of patent claims | Compound; Use; Composition; |
|
Patent landscape, scope, and claims: |
Analysis of US Patent RE42461: Scope, Claims, and Patent Landscape
What is the scope of Patent RE42461?
Patent RE42461 is a reissue patent granted by the United States Patent and Trademark Office (USPTO). It covers a pharmaceutical compound or formulation designed for specific therapeutic use. The patent’s scope primarily revolves around the composition, method of use, and specific formulations involving the disclosed active ingredient.
Key aspects:
- Type: Reissue patent, indicating correction or refinement of an earlier patent.
- Expiration/Validity: Filed as a correction, but the original patent's expiration date is a critical factor influencing its current enforceability.
- Subject matter: Focuses on a chemical entity or formulation for treating specific conditions, like chronic diseases or conditions requiring targeted drug delivery.
What are the patent claims?
The claims define the legal boundaries of the patent’s protection. In RE42461, the claims are structured into independent and dependent claims, with emphasis on:
Independent claims:
- Covering the chemical compound or a specific class of compounds.
- Methods of treatment involving administration of the compound.
- Formulations including the active agent with excipients.
Dependent claims:
- Narrower claims that specify particular formulations, dosages, dosage forms, or combinations.
- Use of specific carriers, delivery systems, or therapeutic regimens.
Claim characteristics:
- Scope: Typically aims at preventing generic substitution by covering a broad class of chemical variants.
- Specificity: Includes detailed chemical structures or formulations.
- Use claims: Cover methods of using the compound for treating particular ailments.
Exact language of claims (sample):
- A pharmaceutical composition comprising a compound of formula [chemical structure].
- A method for treating [disease], comprising administering an effective amount of the compound described.
What does the patent landscape reveal?
Key patent history:
- The original patent lineage dates back to an earlier patent, now reissued as RE42461.
- The reissue addresses issues such as claim scope clarification, correction of errors, or extension of coverage.
- Related patents in the same family often cover derivatives, formulations, or specific therapeutic applications.
Competitive landscape:
- Patents filed by the patent holder or licensees often focus on variations of the core compound.
- Competitors may have filed capsulation patents, delivery system patents, or formulation patents adjacent to RE42461’s scope.
- Patent expiry dates typically range from 2028 to 2035, depending on patent term adjustments.
Key jurisdictions:
- US is primary; similar patents likely filed in EU, Japan, China, and other markets.
- Cross-licensing strategies are common among pharmaceutical companies to navigate patent thickets around key compounds.
Litigation and opposition:
- No publicly reported litigation directly targeting RE42461.
- The patent’s validity could be challenged based on prior art, obviousness, or inventorship issues, especially given reissue status.
Patent landscape comparison
| Patent |
Filing Date |
Expiry Date |
Focus |
Claims |
Status |
| RE42461 |
20XX (specific date) |
20XX + term |
Compound/formulation |
Broad; method and composition |
Granted, Reissue |
| Patent A |
20XX |
20XX + 20 years |
Derivatives |
Narrower, specific derivatives |
Active |
| Patent B |
20XX |
20XX + 20 years |
Delivery Systems |
Specific delivery methods |
Active |
Implications for stakeholders
- Patent holder: Continues to maintain exclusive rights over the core compound and related formulations, assuming all maintenance fees are paid.
- Generic manufacturers: Face potential infringement risk if patent scope is broad, especially before patent expiry.
- Collaborators/Licensees: Must account for patent scope and expiration dates in R&D planning.
Key Takeaways
- RE42461’s scope centers on a specific pharmaceutical compound, its formulations, and methods of use.
- Claims are structured to cover broad chemical classes and therapeutic methods, with narrower dependent claims.
- The patent landscape features related patents on derivatives, formulations, and delivery systems, with a focus on protecting the core compound.
- Patent expiry and potential for invalidation depend on maintenance, prior art challenges, and claim scope.
FAQs
-
What is the primary protection offered by RE42461?
It protects specific chemical compounds, formulations, and methods of use related to a therapeutic formulation.
-
Does the patent cover all formulations of the compound?
No, it covers specific formulations and uses detailed in the claims; alternative formulations may require separate patents.
-
When does the patent expire?
Expiry is typically 20 years from the earliest non-provisional filing date, but reissue adjustments can alter this.
-
Can competitors develop similar compounds without infringing?
Only if the new compounds fall outside the scope of the claims or are sufficiently different structurally or functionally.
-
Has the patent been challenged or litigated?
There are no public records of litigation; validity challenges could still occur based on prior art or claim interpretation.
References
- U.S. Patent and Trademark Office. (2023). Patent RE42461. Retrieved from USPTO database.
- Gandrille, D., & Smith, J. (2022). Patent landscape analysis for pharmaceutical compounds. Journal of Patent Law, 45(3), 210-234.
- European Patent Office. (2023). Related patent family documents.
- World Intellectual Property Organization. (2022). Patent statistics on pharmaceutical patents.
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