Monday, April 14, 2014

Some Patents Covering Axert, Accolate, Rythmol Drugs and Others Now Public

Patents are dynamic: new patents are granted and existing patents expire and a patent’s scope may change during its 20-year lifetime, as for example, if one or more of its claims are invalidated. Similarly, products based on patents also may undergo changes due to market demand or obsolescence, although thousands of products exist in the market even after expiry of the original patents covering them.

Patent Marking and Virtual Marking

Patent Marking provides constructive notice to the public that a product is protected by the listed patent(s). The purpose of patent marking is to help prevent innocent infringement. Usually, the products are marked with the word “patent” or “pat.” followed by the patent number. Under the AIA, an alternative form of patent marking, “virtual marking” is now permissible. A covered product may be marked with “patent” or “pat.” in a free-to-access web address that associates the product with the appropriate patent number(s).

There are many benefits to properly marking patented products including increased damages in patent infringement litigation. Under the AIA, only the United States or someone with a competitive injury can sue a patentee for false marking. However, marking may still create a risk of liability if done improperly.

Patent Marker
Patent Marker is a database of products and patents, in which the patents that apply to each product are identified. Patent Marker can serve as a standard virtual marking procedure. Any registered user is free to add a product for marking. Patent Marker is an online tool that makes it easy for companies/patentees to mark their products and serve notice to the public of their ownership of inventions.

The table below (sourced from Patent Maker) illustrates some of the pharma and consumer electronics patent expiration cases in March 2014.

U.S. Patent Number
Products Covered
Indole derivatives
Method of enhancing bioavailability of pharmaceutical agents

7-(1-pyrrolidinyl)-3-quinolone- and - naphthyridone-carboxylic acid derivatives as antibacterial agents and feed additives
Avelox, Moxeza, Vigamox
Methods of use for inhibiting bone loss and lowering serum cholesterol


Solid orally administerable raloxifene hydrochloride pharmaceutical formulation
Adhesive patch for applying analgesic medication to the skin

Delayed release microtablet of beta -phenylpropiophenone derivatives

Rythmol SR
Antifungal vaginal cream composition
GE Capital (as second lien agent)
Monistat 1 Combination Pack

Use of granisetron for the treatment of postoperative nausea and vomiting
Treatment of emesis with morpholine tachykinin receptor antagonists
Morpholine compounds are prodrugs useful as tachykinin receptor antagonists
Methods and compositions for pulmonary delivery of insulin
Dispersible macromolecule compositions and methods for their preparation and use
2-arylthiazole derivatives and pharmaceutical composition thereof
Coiled stent with locking ends
Guidant Multi-link Vision Coronary Stent System
Medical Devices
Perfusion dilatation catheter with expanded support coil
Catheter providing intraluminal access
Flexible-expandable stent
NIRflex Premounted Coronary Stent System
Medical Devices
5' nucleases derived from thermostable DNA polymerase
Cervista HPV HR test
Health Resources
Symbol scanning system and method having adaptive pattern generation
Itronix fex21

Bar code reader with multiple sensitivity modes using variable thresholding comparisons
Itronix fex21
Transmission signalling technique for a reservation request
Motorola i700plus
Moving picture display apparatus and external memory used therefor
Nintendo, Ricoh
Nintendo game boy micro
Video Games
Soft tissue
Cottonelle Clean/ Gentle/ Ultra Comfort Care Toilet
Household Essentials
The database includes powerful search functionality that can be used to identify products and their related-patents, patent expiration date, number of litigations the patent is involved, etc. The database interfaces with MaxVal’s Litigation Databank and Assignment Database to retrieve litigation and current assignee information, respectively.  

MaxVal offers a free web-based patent tool, Patent Term Estimator that automatically calculates patent terms and expiry[i] date for U.S. utility patents. For comprehensive bulk calculation of the patent term and expiry date of US patents considering Patent Term Extensions (PTE)/Patent Term Adjustment (PTA), Terminal Disclaimers (TD) and Maintenance Fees paid, you can contact us. 

[i] Expected Expiration Date

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