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 Title	Owner/Assignee	Products Covered	Category
5565447 Indole derivatives	Almirall S.A.	Axert	Pharma
5612367 Method of enhancing bioavailability of pharmaceutical agents	Astrazeneca	Accolate	Pharma
5607942 7-(1-pyrrolidinyl)-3-quinolone- and - naphthyridone-carboxylic acid derivatives as antibacterial agents and feed additives	Bayer Schering Pharma	Avelox, Moxeza, Vigamox	Pharma
5478847 RE39050 Methods of use for inhibiting bone loss and lowering serum cholesterol	Eli Lilly and Company	Evista	Pharma
5811120 5972383 Solid orally administerable raloxifene hydrochloride pharmaceutical formulation
5741510 Adhesive patch for applying analgesic medication to the skin	Endo Pharmaceuticals	Lidoderm	Pharma
5681588 Delayed release microtablet of beta -phenylpropiophenone derivatives	GlaxoSmithKline	Rythmol SR	Pharma
5514698 Antifungal vaginal cream composition	GE Capital (as second lien agent)	Monistat 1 Combination Pack	Pharma
5952340 Use of granisetron for the treatment of postoperative nausea and vomiting	Hoffman-La Roche	Kytril	Pharma
5512570 Treatment of emesis with morpholine tachykinin receptor antagonists	Merck Sharp & Dohme	Emend	Pharma
5691336 Morpholine compounds are prodrugs useful as tachykinin receptor antagonists
5997848 6737045 6685967 Methods and compositions for pulmonary delivery of insulin	Novartis Pharma AG	Exubera	Pharma
6051256 6423344 6592904 Dispersible macromolecule compositions and methods for their preparation and use
5614520 2-arylthiazole derivatives and pharmaceutical composition thereof	Teijin Ltd.	Uloric	Pharma
5556413 5725549 Coiled stent with locking ends	Advanced Cardiovascular Systems	Guidant Multi-link Vision Coronary Stent System	Medical Devices
5891090 Perfusion dilatation catheter with expanded support coil
5902290 6059770 Catheter providing intraluminal access
5843120 5972018 6443982 6461381 6464722 Flexible-expandable stent	Medinol	NIRflex Premounted Coronary Stent System	Medical Devices
5614402 5' nucleases derived from thermostable DNA polymerase	Goldman Sachs Bank USA	Cervista HPV HR test	Health Resources
5608202 Symbol scanning system and method having adaptive pattern generation	JP Morgan Chase Bank N.A.	Itronix fex21	Electronics
5612531 Bar code reader with multiple sensitivity modes using variable thresholding comparisons	Symbol Technologies	Itronix fex21	Electronics
5481537 Transmission signalling technique for a reservation request	Motorola Mobility	Motorola i700plus	Electronics
5608424 Moving picture display apparatus and external memory used therefor	Nintendo, Ricoh	Nintendo game boy micro	Video Games
5607551 Soft tissue	Kimberly-Clark	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. 

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[i] Expected Expiration Date