Setback for Adams in patent re-examination case

The United States Patent and Trademark Office (USPTO) has issued Adams Respiratory Therapeutics, a specialist in the treatment of respiratory disorders, with a first office action rejecting the claims of one of the company's two patents covering its guaifenesin delivery system.

The active ingredient in Adams' Mucinex range of products, which target mucus and respiratory congestion, guaifenesin became the subject of re-examination proceedings in August 2005.

The initial non-final determination was made, under typical procedural practices at the USPTO, prior to Adams' presentation of its arguments in favour of affirming the claims under the patent. The company has until 23 February 2006 to present these arguments in response to the USPTO's initial findings, but believes that the entire re-examination process could take up to five years, including the potential for two separate appeals.

'We believe that once we have presented our arguments we will prevail in the re-examination process,' said Michael J Valentino, president and ceo of Adams. 'Furthermore, our second patent, issued after the initiation of the re-examination process, covers our entire Mucinex product line and is not affected by the current re-examination. We therefore remain confident in our ability to protect our intellectual property.'

During the course of the re-examination and appeals process, the patent remains in full force and effect.