Analyzing the Scope and Claims of United States Patent 7,884,095
Introduction
United States Patent 7,884,095, hereafter referred to as the '095 patent, is a significant intellectual property asset that has been involved in several legal and commercial activities. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this patent.
Patent Overview
The '095 patent is one of several patents held by Depomed, Inc., and it has been central in various patent infringement lawsuits, particularly in the pharmaceutical sector. The patent pertains to specific formulations and methods related to drug delivery systems.
Claims Analysis
Claim Structure
The '095 patent includes multiple claims that define the scope of the invention. These claims are typically categorized into independent and dependent claims. Independent claims stand alone and define the invention, while dependent claims refer back to and further limit the independent claims[3].
Key Claims
- Independent Claims: These claims outline the core aspects of the invention, such as the composition of the drug formulation, the method of preparation, and the specific characteristics of the formulation.
- Dependent Claims: These claims build upon the independent claims by adding additional limitations or features, such as specific dosages, administration methods, or additional components.
Scope of the Invention
The '095 patent covers a specific drug formulation and its method of use. Here are some key aspects of the scope:
Drug Formulation
The patent describes a particular formulation of a drug, which includes specific active ingredients and excipients. The formulation is designed to achieve certain pharmacokinetic properties, such as controlled release or improved bioavailability[2].
Method of Use
The method of use claims cover how the drug is administered, including the dosage regimen, the route of administration, and any specific instructions for use.
Patent Landscape
Related Patents
The '095 patent is part of a family of patents held by Depomed, Inc., which includes other patents such as U.S. Patent Nos. 6,287,594; 6,365,180; 7,662,858; 7,939,518; 8,110,606; and 8,623,920. These patents collectively protect various aspects of the drug formulation and delivery system[2].
International Coverage
To understand the global reach of the '095 patent, it is essential to look at international patent databases. Tools like the Global Dossier and the Common Citation Document (CCD) provide insights into related applications and citations across different intellectual property offices[1].
Legal and Commercial Implications
Patent Infringement Litigation
The '095 patent has been involved in several patent infringement lawsuits. For example, Depomed, Inc. filed a lawsuit against Banner Pharmacaps Inc. and Watson Laboratories, Inc., alleging infringement of this and other related patents. The litigation involved disputes over the validity and enforceability of the patent claims[2].
Settlements and Agreements
Depomed, Inc. has reached settlement agreements with various generic drug manufacturers, such as Strides, which sought to obtain approval for generic versions of the drug. These agreements often involve delayed entry of the generic product into the market until the expiration of the relevant patents[2].
Analytical Tools and Techniques
Patent Analytics
To fully understand the coverage and gaps in the patent portfolio, companies use patent analytics tools. These tools, such as ClaimScape®, help in categorizing patents by claims and scope concepts, making it easier to identify areas of coverage and potential gaps[3].
Claim Charts
Claim charts are interactive tools that help in reviewing patent coverage with technical experts. These charts can be used to determine whether a particular scope concept is applicable to a target product or method, highlighting areas where additional claim coverage may be needed[3].
Classification and Search Strategies
Patent Classification
Patents are organized using classification systems, such as the Cooperative Patent Classification (CPC) or the United States Patent Classification (USPC). Using these systems can help in searching for relevant patents and technology, ensuring that the results are highly relevant[4].
Search Resources
Several resources are available for searching patents, including the USPTO's Patent Public Search tool, the European Patent Office's esp@cenet, and the World Intellectual Property Organization's PATENTSCOPE®. These tools provide access to global patent databases and can be used to identify prior art and related patents[1].
Key Takeaways
- Claims and Scope: The '095 patent covers specific drug formulations and methods of use, with claims that define the core aspects of the invention.
- Legal Implications: The patent has been involved in significant litigation and settlement agreements, highlighting its commercial importance.
- Patent Landscape: The patent is part of a larger family of related patents and has international coverage through various intellectual property offices.
- Analytical Tools: Tools like ClaimScape® and claim charts are essential for understanding and managing the patent portfolio.
- Search Strategies: Using patent classification systems and global search resources is crucial for identifying relevant patents and prior art.
FAQs
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What is the main subject matter of the '095 patent?
The '095 patent pertains to specific drug formulations and methods related to drug delivery systems.
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Which companies have been involved in litigation related to the '095 patent?
Depomed, Inc. has been involved in litigation with companies such as Banner Pharmacaps Inc., Watson Laboratories, Inc., and Strides.
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How can patent analytics tools help in managing the '095 patent?
Patent analytics tools like ClaimScape® help in categorizing patents by claims and scope concepts, identifying gaps or opportunities in the patent coverage.
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What are the benefits of using global patent databases for searching related patents?
Global patent databases provide access to prior art and related patents from various intellectual property offices, ensuring a comprehensive search.
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How do claim charts assist in reviewing patent coverage?
Claim charts make it easy to review patent coverage with technical experts, helping to determine if there are gaps in the current coverage and highlighting future design opportunities.
Sources
- USPTO - Search for patents https://www.uspto.gov/patents/search
- Keith J. Miller ROBINSON MILLER LLC https://insight.rpxcorp.com/litigation_documents/12449358
- Patent Analytics | Intellectual Property Law https://www.slwip.com/services/patent-analytics/
- Patents - Library Guides at Brown University https://libguides.brown.edu/patent
- CONTOUR IP HOLDING LLC v. GOPRO, INC. https://cafc.uscourts.gov/opinions-orders/22-1654.OPINION.9-9-2024_2381170.pdf
