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Last Updated: December 22, 2024

Details for Patent: 8,733,341


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Summary for Patent: 8,733,341
Title:Atomizer and method of atomizing fluid with a nozzle rinsing mechanism
Abstract: An atomizer and a method of dispensing and atomizing fluid into individual containers through a nozzle are proposed, where in order to improve the dosing accuracy, a preliminary amount of fluid, flushing the nozzle, is dispensed before each dose is dispensed.
Inventor(s): Boeck; Georg (Laupheim, DE), Spallek; Michael (Ingelheim, DE)
Assignee: Boehringer Ingelheim International GmbH (Ingelheim am Rhein, DE)
Application Number:12/299,650
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 8,733,341
Patent Claim Types:
see list of patent claims
Delivery; Device; Formulation; Use;
Patent landscape, scope, and claims:

United States Patent 8,733,341: A Comprehensive Analysis

Introduction

The United States Patent 8,733,341, titled "Atomizer and method of atomizing fluid with a nozzle rinsing mechanism," is a significant innovation in the field of medical devices, particularly for therapeutic purposes. This patent, assigned to Boehringer Ingelheim Pharma GmbH & Co. KG, addresses the design and functionality of an atomizer used in inhalation therapy.

Background and Context

Inhalation therapy is a critical treatment method for various respiratory diseases, including chronic obstructive pulmonary disease (COPD) and asthma. The effectiveness of this therapy heavily depends on the delivery mechanism of the medication. The atomizer described in this patent is designed to improve the precision and efficiency of drug delivery through a sophisticated nozzle rinsing mechanism.

Patent Overview

Inventors and Assignees

The patent was granted to Boehringer Ingelheim Pharma GmbH & Co. KG, a well-known pharmaceutical company, and lists several inventors who contributed to the development of this technology[1].

Publication and Priority Dates

The patent was published on May 27, 2014, with a priority date of August 29, 2007. This indicates a lengthy development and approval process, reflecting the complexity and innovation of the device[1].

Scope and Claims

Main Claims

The patent includes several key claims that define the scope of the invention:

  • Atomizer Design: The patent describes an atomizer with a housing, a nozzle, and a mechanism for rinsing the nozzle. This design ensures that the nozzle remains clean and free from residue, which is crucial for consistent and accurate drug delivery[1].
  • Nozzle Rinsing Mechanism: The mechanism involves a locking element that secures the holder and the conveying tube in a tensioned state. This locking element can be actuated to release the tension, allowing the fluid to be expelled through the nozzle and atomized[1].
  • Pharmacologically Active Substances: The patent specifies that the fluid can contain various pharmacologically active substances, including betamimetics, anticholinergics, corticosteroids, and others. This versatility makes the atomizer suitable for a wide range of therapeutic applications[1].

Detailed Mechanism

The atomizer operates through a series of precise movements:

  • The holder, conveying tube, and container are moved axially downwards, tensioning the drive spring.
  • The locking element secures the holder in this tensioned state.
  • Upon actuation, the locking element releases the tension, allowing the fluid to be expelled and atomized through the nozzle[1].

Patent Landscape

Related Patents

The patent landscape surrounding US 8,733,341 includes several related patents that cover various aspects of inhalation therapy devices:

  • SPIRIVA® Respimat® Patents: These patents, such as 7,284,474 and 7,896,264, are associated with the SPIRIVA® Respimat® product, which is a well-known inhalation therapy device. These patents are part of ongoing litigation regarding generic versions of the product[2][5].
  • Other Inhalation Therapy Patents: Patents like 7,396,341 and 7,837,235 also relate to inhalation therapy devices and cover different aspects of their design and functionality[5].

Expiration Dates

Understanding the expiration dates of related patents is crucial for market strategy and product development:

  • Patent 7,284,474: Expires on August 26, 2024.
  • Patent 7,896,264: Expires on May 26, 2025.
  • Patent 7,837,235: Expires on March 13, 2028[5].

Litigation and Legal Status

The patent has been involved in legal proceedings, particularly in the context of generic versions of SPIRIVA® Respimat®:

  • Infringement Claims: The patent holder has sought injunctive relief and declaratory judgments against potential infringers who have submitted Abbreviated New Drug Applications (ANDAs) for generic versions of the product[2].

Impact on the Market

The US 8,733,341 patent has significant implications for the market:

  • Innovation in Drug Delivery: The atomizer's design and nozzle rinsing mechanism represent a substantial improvement in drug delivery technology, enhancing the efficacy and safety of inhalation therapy.
  • Competitive Landscape: The patent's protection period influences the competitive landscape, as generic manufacturers must wait for the patent to expire or navigate through legal challenges to enter the market[2][5].

Key Takeaways

  • Innovative Design: The patent describes an advanced atomizer with a nozzle rinsing mechanism, ensuring precise and efficient drug delivery.
  • Versatile Applications: The device can be used with various pharmacologically active substances, making it versatile for different therapeutic needs.
  • Legal and Market Implications: The patent is part of ongoing litigation and has significant implications for the market, affecting the entry of generic products.

FAQs

What is the main innovation of the US 8,733,341 patent?

The main innovation is the atomizer's nozzle rinsing mechanism, which ensures the nozzle remains clean and free from residue, enhancing the precision and efficiency of drug delivery.

What types of pharmacologically active substances can be used with this atomizer?

The atomizer can be used with substances such as betamimetics, anticholinergics, corticosteroids, PDE4-inhibitors, and others.

What is the significance of the locking element in the atomizer's mechanism?

The locking element secures the holder and conveying tube in a tensioned state and releases the tension upon actuation, allowing the fluid to be expelled and atomized through the nozzle.

How does this patent impact the market for inhalation therapy devices?

The patent protects the innovative design, influencing the competitive landscape by delaying the entry of generic versions until the patent expires or through legal challenges.

What are the expiration dates of related patents in this field?

Related patents expire on various dates, including August 26, 2024 (7,284,474), May 26, 2025 (7,896,264), and March 13, 2028 (7,837,235)[5].

Sources

  1. US8733341B2 - Atomizer and method of atomizing fluid with a nozzle rinsing mechanism - Google Patents
  2. PLAINTIFFS' APPROVED SPIRIVA® RESPIMAT®. DRUG PRODUCT AND PATENTS-IN-SUIT - Insight.RPXCorp
  3. Patent Claims Research Dataset - USPTO
  4. Atomizer and method of atomizing fluid with a nozzle rinsing mechanism - PubChem
  5. Generic Stiolto Respimat Availability - Drugs.com

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Drugs Protected by US Patent 8,733,341

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Boehringer Ingelheim COMBIVENT RESPIMAT albuterol sulfate; ipratropium bromide SPRAY, METERED;INHALATION 021747-001 Oct 7, 2011 RX Yes Yes 8,733,341 ⤷  Subscribe Y ⤷  Subscribe
Boehringer Ingelheim STIOLTO RESPIMAT olodaterol hydrochloride; tiotropium bromide SPRAY, METERED;INHALATION 206756-001 May 21, 2015 RX Yes Yes 8,733,341 ⤷  Subscribe Y ⤷  Subscribe
Boehringer Ingelheim STRIVERDI RESPIMAT olodaterol hydrochloride SPRAY, METERED;INHALATION 203108-001 Jul 31, 2014 RX Yes Yes 8,733,341 ⤷  Subscribe Y ⤷  Subscribe
Boehringer Ingelheim SPIRIVA RESPIMAT tiotropium bromide SPRAY, METERED;INHALATION 021936-002 Sep 15, 2015 RX Yes Yes 8,733,341*PED ⤷  Subscribe Y ⤷  Subscribe
Boehringer Ingelheim SPIRIVA RESPIMAT tiotropium bromide SPRAY, METERED;INHALATION 021936-001 Sep 24, 2014 RX Yes Yes 8,733,341*PED ⤷  Subscribe Y ⤷  Subscribe
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >TE >Type >RLD >RS >Patent No. >Patent Expiration >Product >Substance >Delist Req. >Patented / Exclusive Use >Submissiondate

Foreign Priority and PCT Information for Patent: 8,733,341

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
Germany10 2006 022 002May 10, 2006
PCT Information
PCT FiledApril 16, 2007PCT Application Number:PCT/EP2007/003322
PCT Publication Date:November 15, 2007PCT Publication Number: WO2007/128381

International Family Members for US Patent 8,733,341

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Austria E483489 ⤷  Subscribe
Canada 2651190 ⤷  Subscribe
Germany 102006022002 ⤷  Subscribe
Germany 502007005273 ⤷  Subscribe
European Patent Office 2015811 ⤷  Subscribe
Spain 2349574 ⤷  Subscribe
Japan 2009536051 ⤷  Subscribe
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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