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Patent landscape, scope, and claims: |
Understanding the Scope and Claims of United States Patent 8,906,950
Introduction
United States Patent 8,906,950, titled "Ketorolac Tromethamine Compositions for Treating or Preventing Ocular Pain," is a patent held by Allergan Sales, LLC. This patent is part of a broader portfolio related to the pharmaceutical product ACULAR LS®, which is used for treating or preventing ocular pain. Here, we will delve into the details of the patent's scope, claims, and the surrounding patent landscape.
Patent Overview
Patent Number and Title
- The patent number is 8,906,950, and its title is "Ketorolac Tromethamine Compositions for Treating or Preventing Ocular Pain"[2].
Issuance Date
- The patent was issued on December 9, 2014[2].
Assignee
- The current assignee of the patent is Allergan Sales, LLC, which owns the entire right, title, and interest in the patent, including the right to sue for past and future infringement[2].
Claims of the Patent
Claim Structure
- The patent includes multiple claims that define the scope of the invention. These claims are 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
- The patent covers specific compositions of ketorolac tromethamine, a nonsteroidal anti-inflammatory drug (NSAID), designed for treating or preventing ocular pain. The claims include formulations, methods of use, and specific dosages[2].
Scope of the Patent
Coverage of ACULAR LS®
- The patent specifically covers the approved method of use and composition of ACULAR LS®, a product listed with the FDA in conjunction with NDA No. 21-528. The FDA has published this patent in the Orange Book, which lists patents that cover approved drugs[2].
Technological Field
- This patent falls under the pharmaceutical and medical technology field, specifically within the category of ophthalmic treatments. It is part of a broader classification that includes drugs and medical inventions[1].
Patent Landscape
Related Patents
- The patent is part of a family of patents related to ketorolac tromethamine compositions. Other patents in this family include U.S. Patent Nos. 8,008,338, 8,207,215, 8,377,982, 8,541,463, 8,648,107, and 8,946,281, all of which cover various aspects of the same or similar inventions[2].
Continuation Procedures
- The patent landscape for pharmaceuticals often involves continuation procedures, such as Requests for Continued Examination (RCEs), continuations-in-part (CIPs), and divisional applications. These procedures allow applicants to introduce new subject matter or separate distinct inventions, complicating the calculation of progenitor allowance rates[1].
Enforcement and Litigation
Infringement Actions
- Allergan Sales, LLC, has taken legal action to enforce this patent against potential infringers. For example, the company filed a complaint against Aurobindo Pharma Limited and Aurobindo Pharma USA, Inc., alleging infringement of several patents, including the '950 patent[2].
Quality and Examination
USPTO Examination Process
- The USPTO's examination process involves a thorough review of patent applications to ensure that the inventions meet the criteria of novelty, non-obviousness, and utility. The time allotted for examination can vary, and the USPTO has made efforts to reassess and adjust the time needed for thorough examinations in different technology areas[4].
Data and Statistics
Patent Allowance Rates
- The probability of receiving a patent, such as the '950 patent, can be understood through various allowance rates. For instance, the first-action allowance rate, progenitor allowance rate, and family allowance rate provide insights into the likelihood of a patent being granted. These rates vary by technology field and entity size[1].
Conclusion
Understanding the scope and claims of United States Patent 8,906,950 involves a detailed analysis of its coverage, related patents, and the broader patent landscape. This patent is a critical component of Allergan's intellectual property portfolio related to ACULAR LS®, and its enforcement is crucial for protecting the company's innovations in ophthalmic treatments.
Key Takeaways
- Patent Coverage: The patent covers specific compositions and methods of use for ketorolac tromethamine in treating or preventing ocular pain.
- Assignee: Allergan Sales, LLC, owns the entire right, title, and interest in the patent.
- Related Patents: Part of a family of patents related to ketorolac tromethamine compositions.
- Enforcement: Allergan has taken legal action to enforce this patent against potential infringers.
- Examination Process: The USPTO's examination process involves thorough reviews, with adjustments made to ensure adequate time for different technology areas.
FAQs
What is the main subject of United States Patent 8,906,950?
The main subject of United States Patent 8,906,950 is ketorolac tromethamine compositions for treating or preventing ocular pain.
Who is the current assignee of the patent?
The current assignee of the patent is Allergan Sales, LLC.
What is the significance of the patent being listed in the Orange Book?
The patent being listed in the Orange Book indicates that it covers an approved drug, in this case, ACULAR LS®, and is recognized by the FDA.
What are continuation procedures in the context of patent applications?
Continuation procedures, such as RCEs, CIPs, and divisional applications, allow applicants to introduce new subject matter or separate distinct inventions from the original application.
How does the USPTO ensure the quality of patents during the examination process?
The USPTO ensures the quality of patents by conducting thorough examinations, reassessing the time allotted for examinations in different technology areas, and considering additional clarity tools to improve patent quality[4].
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