Understanding the Scope and Claims of United States Patent 8,173,708
Introduction
The United States Patent 8,173,708, titled "Methods and compositions for administering an NMDA receptor antagonist," is a significant patent in the pharmaceutical sector, particularly in the treatment of neurological disorders. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this patent.
Patent Overview
Patent Title and Number
- Patent Title: Methods and compositions for administering an NMDA receptor antagonist
- Patent Number: US 8,173,708 B2
- Grant Date: April 9, 2012[4].
Inventors and Assignees
The patent was granted to inventors associated with Forest Laboratories, Inc., which is now part of Allergan plc. The assignee of the patent is Forest Laboratories, Inc.[4].
Claims
Claim Structure
The patent includes 18 claims, which are divided into independent and dependent claims. Independent claims define the broad scope of the invention, while dependent claims narrow down the invention by adding specific limitations.
Independent Claims
Independent claims in the patent focus on methods and compositions for administering memantine, an NMDA receptor antagonist. For example, Claim 1 describes a method for administering memantine in a specific dosage form to treat conditions such as Alzheimer's disease[4].
Dependent Claims
Dependent claims build upon the independent claims by adding additional features or limitations. These claims often specify particular aspects of the dosage form, such as the concentration of memantine, the type of formulation (e.g., extended-release), and the method of administration[4].
Scope of the Patent
Technological Field
The patent falls under the technological field of pharmaceuticals, specifically in the area of neurology and psychiatry. It involves the development of methods and compositions for administering NMDA receptor antagonists, which are used to treat neurological disorders like Alzheimer's disease[4].
Patent Scope Metrics
Research on patent scope, such as the study by the Hoover Institution, suggests that metrics like independent claim length and independent claim count can be used to measure the breadth of a patent. For US 8,173,708, the claims are relatively detailed, indicating a focused scope rather than overly broad claims[3].
Patent Landscape
Related Patents
The patent is part of a series of patents related to the formulation and administration of memantine. Other patents in this series include US 8,168,209, US 8,283,379, US 8,329,752, US 8,362,085, and US 8,598,233. These patents collectively cover various aspects of memantine formulations and their use in treating neurological conditions[5].
Litigation and Enforcement
The patent has been involved in several legal disputes, particularly in the context of generic drug approvals. For instance, in the case Forest Labs., Inc. v. Teva Pharms. USA, Inc., the court addressed the validity and infringement of several patents, including US 8,173,708, related to the extended-release formulation of memantine hydrochloride[5].
Jurisdiction and Venue
The patent's enforcement and litigation have been subject to U.S. patent laws, specifically under 35 U.S.C. ยง 1 et seq. Cases involving this patent have been heard in federal courts, such as the U.S. District Court for the District of Delaware, and have been appealed to the Federal Circuit[2].
Impact on Innovation
The patent's scope and claims have significant implications for innovation in the pharmaceutical industry. While the patent provides exclusive rights to the inventor, it also sets a precedent for future research and development in similar areas. The debate around patent scope and quality, as highlighted by the Hoover Institution, suggests that narrower claims like those in US 8,173,708 can facilitate innovation by reducing litigation and licensing costs[3].
Conclusion
United States Patent 8,173,708 is a critical patent in the field of neuropharmacology, particularly for the treatment of Alzheimer's disease. Its claims and scope are well-defined, focusing on specific methods and compositions for administering memantine. The patent's involvement in litigation and its place within a broader series of related patents underscore its importance in the pharmaceutical patent landscape.
Key Takeaways
- Patent Title and Number: Methods and compositions for administering an NMDA receptor antagonist, US 8,173,708 B2.
- Claims: 18 claims, including independent and dependent claims focusing on methods and compositions for memantine administration.
- Scope: Focused on pharmaceuticals, specifically neurology and psychiatry.
- Related Patents: Part of a series including US 8,168,209, US 8,283,379, US 8,329,752, US 8,362,085, and US 8,598,233.
- Litigation: Involved in cases such as Forest Labs., Inc. v. Teva Pharms. USA, Inc..
- Impact on Innovation: Narrower claims facilitate innovation by reducing litigation and licensing costs.
FAQs
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What is the main subject of United States Patent 8,173,708?
- The main subject is methods and compositions for administering an NMDA receptor antagonist, specifically memantine, for treating neurological disorders like Alzheimer's disease.
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How many claims does the patent include?
- The patent includes 18 claims, which are divided into independent and dependent claims.
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What is the significance of the patent in the pharmaceutical industry?
- The patent is significant because it provides exclusive rights for the administration of memantine, a crucial drug for treating Alzheimer's disease, and sets a precedent for future research in similar areas.
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Has the patent been involved in any legal disputes?
- Yes, the patent has been involved in several legal disputes, particularly in the context of generic drug approvals, such as in the case Forest Labs., Inc. v. Teva Pharms. USA, Inc.
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How does the patent's scope impact innovation?
- The patent's narrower claims help reduce litigation and licensing costs, which can facilitate innovation by making it easier for other researchers to build upon or work around the existing patent.
Sources
- Invention: U.S. and Comparative Global Trends - National Science Foundation.
- IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT ... - Insight.rpxcorp.com.
- Patent Claims and Patent Scope - Hoover Institution.
- United States Patent 8,173,708 B2 - Patentimages.storage.googleapis.com.
- Forest Labs., Inc. v. Teva Pharms. USA, Inc. - RobinsKaplan.com.
