United States Patent 7,662,858: A Detailed Analysis
Overview of the Patent
United States Patent 7,662,858, titled "Method of Treating Post-Surgical Acute Pain," was issued on February 16, 2010, and is assigned to Depomed, Inc. This patent is part of a series of patents related to methods for treating post-surgical acute pain, which are crucial in the pharmaceutical and medical fields.
Background and Context
The patent addresses the need for effective pain management following surgical procedures. Post-surgical acute pain is a significant concern, and the methods described in this patent aim to provide a more efficient and less invasive approach to pain treatment.
Claims of the Patent
The patent includes several claims that define the scope of the invention. Here are some key claims:
Independent Claims
- Claim 1 typically describes the broadest aspect of the invention, which in this case involves a method for treating post-surgical acute pain using a specific formulation of a pain-relieving drug.
- Subsequent claims narrow down the invention by specifying particular aspects such as the type of drug, dosage, administration method, and patient population[2][5].
Dependent Claims
- These claims build upon the independent claims and provide additional details or limitations. For example, they might specify the concentration of the active ingredient, the duration of treatment, or specific patient groups[2][5].
Patent Landscape Analysis
Competitors and Market Developments
Patent landscape analysis reveals that Depomed, Inc. holds a significant portfolio of patents related to post-surgical pain management. This includes patents such as 7,884,095, 7,939,518, 8,110,606, and 8,623,920, all of which are related to similar methods of treating post-surgical acute pain[2][5].
Litigation and Opposition Activities
The patent has been involved in several litigation cases, particularly against generic drug manufacturers seeking to produce versions of Depomed's patented products. For instance, Depomed filed suits against Banner Pharmacaps Inc. and Watson Laboratories, Inc. to protect its patents, including the '858 patent[2][5].
Expected Expiry Dates and Legal Status
The patent's legal status and expected expiry dates are crucial for understanding its current and future impact on the market. As of the latest information, these patents are still in force, but their expiry dates will eventually open up the market to generic competition[3].
Technical and Business Insights
Patent Trends and Market Developments
The patent landscape analysis shows a trend of intense innovation in pain management, with multiple patents filed and litigated over the years. This indicates a highly competitive market where companies are continually seeking to improve pain treatment methods[3].
In/Licensing and Mergers & Acquisitions
The presence of multiple related patents suggests that Depomed has been actively involved in licensing and possibly mergers and acquisitions to strengthen its position in the market. This strategic approach helps in protecting intellectual property and expanding market share[3].
Legal and Regulatory Aspects
Paragraph IV Certification
Generic manufacturers have challenged the validity of these patents through Paragraph IV certifications, alleging that the patents are invalid, unenforceable, or will not be infringed by their proposed products. This has led to extensive litigation, highlighting the legal complexities surrounding these patents[2][5].
Office Actions and Court Decisions
Court decisions and office actions have played a significant role in defining the scope and enforceability of these patents. For example, the court has issued opinions construing certain claim terms, which have implications for future litigation and patent strategy[2].
Global Patent Family
The patent is part of a global patent family, with related applications filed in various countries. Tools like the Global Dossier and Common Citation Document (CCD) help in tracking the status and citations of these patents across different jurisdictions[4].
Impact on Business and Market
Market Domination
Depomed's robust patent portfolio, including the '858 patent, has allowed the company to maintain a strong market position in post-surgical pain management. This dominance is due to the innovative methods protected by these patents, which have set a high standard for pain treatment[3].
Risk Mitigation
Conducting a thorough patent landscape analysis helps businesses mitigate risks associated with patent infringement and litigation. It also provides insights into market opportunities and trends, enabling strategic decision-making[3].
Key Takeaways
- Patent Scope: The '858 patent covers specific methods for treating post-surgical acute pain, with detailed claims defining the invention.
- Competitive Landscape: Depomed holds a significant portfolio of related patents, indicating a competitive market in pain management.
- Litigation: The patent has been involved in several litigation cases, highlighting its importance and the legal challenges surrounding it.
- Market Impact: The patent has contributed to Depomed's market dominance in post-surgical pain management.
- Global Reach: The patent is part of a global family, with implications for international intellectual property strategies.
FAQs
What is the main focus of United States Patent 7,662,858?
The main focus of this patent is a method for treating post-surgical acute pain using a specific formulation of a pain-relieving drug.
Who is the assignee of this patent?
The assignee of this patent is Depomed, Inc.
What are some related patents to 7,662,858?
Related patents include 7,884,095, 7,939,518, 8,110,606, and 8,623,920, all related to methods of treating post-surgical acute pain.
Why is patent landscape analysis important for this patent?
Patent landscape analysis helps in understanding the competitive landscape, identifying market trends, and mitigating business risks associated with patent infringement and litigation.
What are the implications of Paragraph IV certifications for this patent?
Paragraph IV certifications by generic manufacturers challenge the validity of the patent, leading to litigation and potentially affecting the patent's enforceability and the market entry of generic products.
Cited Sources
- United States Patent and Trademark Office. United States Patent 7,884,095 B2, February 8, 2011.
- RPX Insight. Litigation Documents: Depomed, Inc. v. Banner Pharmacaps Inc. and Watson Laboratories, Inc., May 5, 2017.
- Sagacious Research. Navigating Technological Domains with Patent Landscape Analysis, [Online].
- United States Patent and Trademark Office. Search for Patents, October 18, 2018.
- RPX Insight. Litigation Documents: Depomed, Inc. v. Banner Pharmacaps Inc. and Watson Laboratories, Inc., April 2, 2014.
