Obviousness of chemical structure of prodrugs: Amerigen Pharmaceuticals Limited v. UCB Pharma GmBH. (Fed. Cir. 2019) | Magazine | United News Network

2022-09-17 10:40:32 By : Ms. Coco Gao

Prodrugs in medicinal chemical structures are rarely discussed, so this article explores the obviousness of prodrug chemical structures through the case of Amerigen Pharmaceuticals Limited v. UCB Pharma GmBH. (Fed. Cir. 2019).Amerigen filed a third-party review (IPR) with the USPTO's Patent Trial and Petition Board (PTAB) challenging U.C.B's US Patent No. 6,858,650 (' 650 patent).Amerigen Pharmaceuticals pointed out that the application scope of the '650 patent is obvious and unpatentable, but the PTAB believes that the '650 patent is patentable, and Amerigen Pharmaceuticals disagrees with this decision. So file an appeal.1. Compounds of general formula I (Fig. 1.) in which R denotes C1 -C6 -alkyl, C3 -C10 -cycloalkyl, substituted or unsubstituted phenyl and X- is the acid residue of a physiologically compatible inorganic or organic acid.2. Compounds in accordance with claim 1, characterised in that X- in each case is an acid ester of hydrochloric acid, hydrobromic acid, phosphoric acid, sulphuric acid, nitric acid, acetic acid, propionic acid, palmitic acid, stearic acid, maleic acid, fumaric acid, oxalic acid, succinic acid, DL-malic acid, L-(-)-malic acid, D-(+)-malic acid, DL-tartaric acid, L-(+)-tartaric acid, D- (-)-tartaric acid, citric acid, L-aspartic acid, L-(+)-ascorbic acid, D-(+)-glucuronic acid, 2-oxopropionic acid (pyruvic acid), furan-2-carboxylic acid (mucic acid acid), benzoic acid, 4-hydroxybenzoic acid, salicyclic acid, vanillic acid, 4-hydroxycinammic acid, gallic acid, hippuric acid (N-benzoyl-glycine), aceturic acid (N-aectylglycine), phloretinic acid (3-(4 -hydroxyphenyl)-propionic acid), phthalic acid, methanesulfonic acid or orotic acid.3. Compounds in accordance with claims 1, characterised in that they have general formula 2(Fig. 2.) in which R denotes C1 -C6 -alkyl, C3 -C10 -cycloalkyl, substituted or unsubstituted phenyl and X- is the acid residue of a physiologically compatible inorganic or organic acid.4. Compounds in accordance with claim 3, characterised in that X in each case is an acid ester of hydrochloric acid, hydrobromic acid, phosphoric acid, sulphuric acid, nitric acid, acetic acid, propionic acid, palmitic acid, stearic acid, maleic acid , fumaric acid, oxalic acid, succinic acid, DL-malic acid, L-(-)-malic acid, D-(+)-malic acid, DL-tartaric acid, L-(+)-tartaric acid, D-( -)-tartaric acid, citric acid, L-aspartic acid, L-(+)-ascorbic acid, D-(+)-glucuronic acid, 2-oxopropionic acid (pyruvic acid), furan-2-carboxylic acid (mucic acid ), benzoic acid, 4-hydroxybenzoic acid, salicyclic acid, vanillic acid, 4-hydroxycinammic acid, gallic acid, hippuric acid (N-benzoyl-glycine), aceturic acid (N-aectylglycine), phloretinic acid (3-(4- hydroxyphenyl)-propionic acid), phthalic acid, methanesulfonic acid or orotic acid.5. Compounds in accordance with claims 3, characterised in that they are R-(+)-2-(3-(diisopropylamino-1-phenylpropyl)-4-hydroxymethyl -phenylisobutyrate ester hydrogen fumarate, R-(+)-2- (3-(diisopropylamino-1-phenylpropyl)-4-hydroxymethylphenylisobutyr ate ester-hydrochloride hydrate.21. A method of treating a patient suffering from urinary incontinence, which method comprises the step of administering to said patient an effective amount of a compound according to claim 1.22. A method of treating a patient suffering from urinary incontinence, which method comprises the step of administering to said patient an effective amount of a compound according to claim 3.23. A method of treating a patient suffering from urinary incontinence, which method comprises the step of administering to said patient an effective amount of a compound according to claim 5.24. The method of any one of claims 21-23, wherein the urinary incontinence disorder is urge incontinence.R in Figure 1 represents alkyl substituent with carbon number of 1-6, cycloalkyl substituent of C3-C10, substituted or unsubstituted phenyl substituent, and X- refers to the residue of organic acid or inorganic acid .R in Figure 2 represents alkyl substituent with carbon number of 1-6, cycloalkyl substituent with C3-C10, substituted or unsubstituted phenyl substituent, and X- refers to the residue of organic acid or inorganic acid .The main chemical structure of this case, Fesoterodine (Fig. 3), can be covered in either the 1st to 5th or 21st to 24th patent application scope.Fesoterodine is a cholinergic antagonist (antimuscarinic drug), which is medically a drug for the treatment of urinary incontinence. The related product is Toviaz®, which was approved by the Food and Drug Administration (FDA) in the United States in 2008.Fesoterodine (Fig. 3) is circled in two places, circle 2 represents the 2nd position, which has isobutyryl ester at the 2nd position, and circle 5 represents the 5th position, which has a hydroxymethyl group.Fesoterodine is a prodrug. Unlike typical drugs, a prodrug is an inactive molecule that needs to be transformed into an active therapeutic form in the human body.The patent legal system in Malaysia is divided into the Patent Law (Patents Act 1983, the latest law is amended in 2022) and the Industrial Designs Act (Industrial Designs Act 1996, the latest law is the amendment in 2013).The Patent Law regulates "patent" and "utility innovation".An "invention" is patentable; a "utility idea" is also called a "minor invention".The "Industrial Design Law" refers to the features (shape), configuration (configuration), pattern (pattern), or decoration (ornament) presented by industrial procedures or tools on an article (article), the feature is The eyes can see and judge.In order to make the review process of patent invalidation more complete, the United States established the Patent Preliminary Examination and Appeal Board (PTAB) in the America Invents Act (AIA) in 2011, and established the Patent Preliminary Examination and Appeals Board (PTAB) with Post-Grant Review (PGR), Inter-Party Review (IPR) ) and other stricter procedures to examine disputes over the validity of patents.New York-based MSCHF has teamed up with rapper Tyga to imitate the classic shoes of the well-known canvas shoe company Vans, and plans to launch limited spoof merchandise in April 2022.Vans urgently applied to a New York court for a preliminary injunction prohibiting the sale of the product.The court held that although the defendant's product has been modified and is different from the plaintiff's product, there are still many similarities in features that may confuse consumers.As for the defendant's claim that it is a parody, the court held that a parody must convey messages such as commentary and satire.