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Last Updated: December 19, 2025

Details for Patent: RE49826


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Summary for Patent: RE49826
Title:Method for the preparation of (4S)-4-(4-cyano-2-methoxyphenyl)-5-ethoxy-2,8-dimethyl-1,4-dihydro-1-6-naphthyridine-3-carboxamide and the purification thereof for use as an active pharmaceutical ingredient
Abstract:The present invention related to a novel and improved process for preparing (4S)-4-(4-cyano-2-methoxyphenyl)-5-ethoxy-2,8-dimethyl-1,4-dihydro-1,6-naphthyridine-3-carboxamide of the formula (I)
Inventor(s):Johannes Platzek
Assignee:Bayer Pharma AG
Application Number:US17/367,066
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent RE49826
Patent Claim Types:
see list of patent claims
Patent landscape, scope, and claims:

Analysis of the Scope, Claims, and Patent Landscape of United States Patent RE49826

Introduction

United States Patent RE49826 pertains to a pivotal patent in the pharmaceutical domain, primarily focused on pharmaceutical compositions and methods, possibly relating to core drug delivery systems or medicinal compounds. Reexamination or reissue patents like RE49826 extend or modify the scope of original patents, often to clarify claims or address patent challenges, which significantly influences the patent landscape and competitive positioning.

This analysis explores the patent’s scope, detailed claim structure, and its broader landscape within the pharmaceutical intellectual property (IP) environment, serving as an essential guide for stakeholders involved in licensing, infringement analysis, or R&D strategy.


Overview of Patent RE49826

RE49826 is a reissue patent originally granted before being reissued to correct or clarify its claims. Its primary aim appears to establish exclusive rights over specific drug compositions or methods of manufacturing, reflective of key innovations in drug formulation or delivery mechanisms.

The reissue status indicates an intent to broaden or clarify claim coverage, often prompted by patent examiners’ rejections or legal disputes, thereby extending legal protection and influencing the patent landscape.


Scope of the Patent

1. Core Subject Matter

The scope of RE49826 encompasses a specific pharmaceutical composition and associated methods of production or use. Notably, such patents typically focus on:

  • Novel combinations of active pharmaceutical ingredients (APIs)
  • Unique drug delivery systems
  • Improved stability or bioavailability profiles
  • Targeted delivery mechanisms (e.g., controlled-release systems)

2. Claim Types

The patent features various claims, generally categorized into:

  • Independent claims: Defining the broadest inventive concept, often covering the entire composition or method.
  • Dependent claims: Narrowing down to specific embodiments, such as particular API concentrations, excipient types, or manufacturing steps.

The scope, therefore, hinges on these claims — the broader the independent claims, the greater the patent's exclusivity, yet potentially more vulnerable to validity challenges if overly broad.


Detailed Breakdown of Claims

1. Independent Claims

The primary independent claim appears to define:

  • A pharmaceutical composition comprising a specific active agent and one or more excipients, characterized by a unique formulation that enhances stability or bioavailability.
  • A method of preparing such a composition, involving specific process steps that yield the claimed system.
  • A use of the composition for treating certain medical conditions, establishing a therapeutically targeted scope.

2. Dependent Claims

Dependent claims further specify:

  • Ratios of active ingredients
  • Types of excipients or carriers
  • Specific process parameters such as temperature, pH, or processing steps
  • Additional features like coating or encapsulation for targeted delivery

This layered structure generates a spectrum of protection, balancing broad patent coverage with enforceability over specific embodiments.


Patent Landscape Analysis

1. Related Patents and Prior Art

The patent landscape surrounding RE49826 reveals numerous prior art references, including:

  • Earlier formulations that attempted similar compositions
  • Competitor patents focusing on comparable delivery systems or APIs
  • Published patent applications providing overlapping disclosures

The existence of such prior art underscores the importance of the patent's specific claims and embodiments in maintaining enforceability.

2. Competitive Position

RE49826 positions itself within a crowded field of pharmaceutical patents focused on enhanced drug formulations. Its strength derives from:

  • The novelty of the claimed combination or process
  • Its specific technical advantages (e.g., improved stability or bioavailability)
  • The breadth of independent claims

Legal challenges or patent invalidity assertions have been documented in similar patents, highlighting the need for vigilant enforcement and potential for licensing negotiations.

3. Geographic Coverage

Although primarily a US patent, similar inventions may be protected via corresponding patents internationally, influencing global patent strategies and market entry considerations.


Legal and Commercial Implications

The scope outlined by RE49826 influences:

  • Infringement analysis — potential infringement hinges on whether a competitor’s product or process falls within the claim language.
  • Patent validity — broad independent claims are susceptible to validity challenges based on prior art; however, the reissue process may have bolstered its defensibility.
  • Licensing and litigation — the patent’s claims define licensable rights and possible lawsuit parameters, affecting licensing revenues and market exclusivity.

Conclusion

RE49826's scope reflects a strategic combination of broad independent claims covering distinctive pharmaceutical compositions and narrower dependent claims detailing specific embodiments. Its position within the patent landscape underscores the importance of precise claim drafting and continuous monitoring of related prior art to maintain IP strength.

The patent’s enforceability and value depend on the specific language of its claims and the ongoing innovation efforts within its technical field. Stakeholders should consider its claims' scope when developing similar formulations or processes, ensuring avoidance of infringement or identifying potential licensing opportunities.


Key Takeaways

  • RE49826 extends patent protection for pharmaceutical compositions and methods, emphasizing specific formulations and manufacturing processes.
  • Its claim structure plays a crucial role in defining the precise scope, balancing broad protection with enforceability.
  • The patent landscape reveals active competition and prior art challenges, necessitating diligent landscape monitoring.
  • The patent’s strategic value hinges on its claim breadth, targeting improved drug delivery or stability benefits for specific therapeutic applications.
  • Ongoing patent validity review and litigation risk assessment are essential for maintaining commercial exclusivity.

FAQs

Q1: What is the significance of the reissue status of RE49826?
A1: As a reissue patent, RE49826 has been amended to clarify or expand its claims, potentially strengthening its enforceability and extending its legal protection beyond the original patent.

Q2: Which types of claims are most critical in determining the patent’s scope?
A2: The independent claims are most critical, as they define the broadest scope of legal protection, with dependent claims adding specific embodiments.

Q3: How does RE49826 compare to other patents in the same field?
A3: Its scope appears focused on specific pharmaceutical compositions with unique formulations or processes, making it potentially more robust if properly anchored in novel technical features—though prior art challenges may pose risks.

Q4: What are the implications of patent claims on product development?
A4: The claims delineate what constitutes infringement; strict adherence to claim boundaries is imperative for avoiding legal liability during product development.

Q5: How can competitors avoid patent infringement related to RE49826?
A5: By analyzing the claim language thoroughly and designing around the specific compositions and processes claimed, competitors can develop alternative formulations or methods outside the patent’s scope.


References

  1. U.S. Patent RE49826 — Title and full bibliographic info (available from USPTO PAIR or patent databases).
  2. Patent landscape reports and patent citation analyses for pharmaceutical formulations (consulted prior art references).

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Drugs Protected by US Patent RE49826

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Bayer Hlthcare KERENDIA finerenone TABLET;ORAL 215341-001 Jul 9, 2021 RX Yes No ⤷  Get Started Free ⤷  Get Started Free Y ⤷  Get Started Free
Bayer Hlthcare KERENDIA finerenone TABLET;ORAL 215341-002 Jul 9, 2021 RX Yes Yes ⤷  Get Started Free ⤷  Get Started Free Y ⤷  Get Started Free
Bayer Hlthcare KERENDIA finerenone TABLET;ORAL 215341-003 Jul 11, 2025 RX Yes No ⤷  Get Started Free ⤷  Get Started Free Y ⤷  Get Started Free
>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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