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investorgold2002

05/02/11 7:35 AM

#2977 RE: investorgold2002 #2969

MNTA's characterization patents on lovenox would block competitor

my point was due to claim 331 and supporting description 248 & 249 which was p8 which momenta identified for the 1st time

and since FDA in CP to response to aventis, states clearly the requirements for generic lovenox approval in
II)
"The resultant distribution of sequences of disaccharide units in enoxaparin is essentially both a function ofthe (1) sequences found "naturally" in heparin and"
III) Equivalence in Disaccharide Building Blocks, Fragment Mapping,

I believe the following claims will also be infringed among others when trying to prove the sameness criteria III)1. AND III)2.

claim 4. The method of claim 1 wherein the structural signature is determined by one or more methods chosen from the group consisting of MALDI-MS, ESI-MS, CE, HPLC, FPLC, fluorometry, ELISA, NMRUV, chromogenic assay, colorimetric assays, other spectroscopic techniques.

Also on claim
"2. The method of claim 1 wherein the structural signature is provided by determining one or more primary outputs chosen from the following: a. the presence or the amount of one or more component saccharides or disaccharides; b. the presence or the amount of one or more block components, wherein a block component is one made up of more than one saccharides or polysaccharide; c. the presence or amount of one or more saccharide-representative, wherein a saccharide-representative is a saccharide modified to enhance detectability; d. the presence or amount of an indicator of three dimensional structure or a parameter related to three dimensional structure; and e. the presence or amount of one or more modified saccharides, wherein a modified saccharide is one present in a starting material used to make a preparation but which is altered in the production of the preparation. "

It's interesting situation . FDA approves generics based on legislation created by congress so affordable drugs hit marketplace. But if you seriously think about approving complex generic based on structural characterization work (which ofcourse would be patented by the first generic maker), then forget about affordability. There will essentially be 2 players only for the most part. The sole generic that first did complete characterization and then the branded drug. Pricing impact would be minimal with just 2 players....kinda defeats the purpose of generics legislation when it was created by congress...And now they are going to adopt this approach for FOB...hmmmmmmm, interesting...

Dew, Tinkershaw, RockyRat - your thoughts ?


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investorgold2002

05/11/11 8:29 AM

#3293 RE: investorgold2002 #2969

Rick shea conf call yesterday - lovenox patent

He talked about their Lovenox patents and how they identified ensuring the very specific structures that we identified that are characteristic to lovenox. We believe TEVA is infringing on those patents

Structure:
I believe he was talking about P8 which Momenta identified for the 1st time.

Structure to Function:
Momenta also identified for the 1st time correlation of P8 to (anti-factor Xa activity) and the Anti-factor IIa activity.

Process Control:
"[0297] Further applications of this method include determining the structural signature of the starting material, e.g. porcine intestinal mucosa heparin. This starting material is isolated in slaughter houses and is often unmonitored by standard quality control techniques. Using the methods described above to ensure that the quality of the starting material, e.g., the structural signature and activity, is sufficient to produce acceptable LMWH preparations. Adding this quality control to the beginning of the procedure so that the starting material is consistent helps to decrease batch-batch variability, and thus decrease the number of rejected batches, saving time and money, and resulting in an improved product."


This patent is identifying the "signature"(which is p8) at the source heparin material and saying selecting batches based on "p8" content would yield desired anti-Xa activity as specified in lovenox monograph.

http://worldwide.espacenet.com/publicationDetails/description?CC=US&NR=2009061411A1&KC=A1&FT=D&date=20090305&DB=EPODOC&locale=en_EP
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investorgold2002

08/25/11 8:28 PM

#5174 RE: investorgold2002 #2969

Process Signature for Lovenox - Patent 2

Prior message was "starting material signature". This one is "structural signature due to process".
This potentially could be blocking for the suppliers of TEVA's or Amphastar's if for example their process uses oxidation conditions and in the end they look for this peak 2.10 ppm to do Quality control check on "shelf life" of the heparin...(??). Apparently the presence of this structural signature will not make the heparin not at risk of coloration. Risk of Coloration can affect Shelf life and the Quality of Lovenox.


I am starting to think the blocking value of these characterization patents has been underestimated by market.Anybody?

if teva/amphastar don't have this Quality control check built in their product, I guess they don't have control on shelf-life of the product and hence maybe their product doesn't measure up to reference standard of Sanofi's Lovenox. If they have it and they test for it, they would be infringing ?
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0002] In one aspect, the disclosure features a method of identifying if a process was used to make a heparin preparation (e.g., an unfractionated heparin preparation or a low molecular weight heparin (LMWH) preparation). The method includes:
determining if a structural signature associated with a peak in the N-acetyl region of a 1H 1D-NMR spectra, e.g., a structural signature associated with the peak at 2.08 ppm of Figure 9 and/or the peak at 2.10 ppm of Figure 1, is absent from or present in a heparin preparation wherein the presence of the structural signature indicates that the heparin preparation was made by a method (e.g., a method that includes oxidation or oxidation followed by treatment with an acid) and the absence of the structural signature indicates that the heparin preparation was not made by the method (e.g., the method did not include oxidation or oxidation followed by treatment with an acid); and
making a decision or step regarding the heparin preparatio
n if the heparin preparation was made by the method (

[0062] In another aspect, the disclosure features a method of determining if a heparin preparation (e.g., an unfractionated heparin preparation or a low molecular weight heparin (LMWH) preparation) is at risk for coloration, comprising:
determining if a structural signature associated with the peak at 2.10 ppm of the <1>H 1D-NMR spectra of Figure 1 is absent from or present in a heparin preparation wherein the presence of the structural signature indicates that the heparin preparation is not at risk for coloration and the absence of the structural signature indicates that that the heparin preparation is at risk for coloration;
and
making a decision or step regarding the heparin preparation if the heparin preparation is not at risk for coloration, e.g., the heparin preparation is classified, selected, accepted, released, processed into a drug product, shipped, moved to a new location, formulated, labeled, packaged, released into commerce, sold, or offered for sale, or if the heparin preparation is at risk for coloration, e.g., the heparin preparation is discarded or withheld.

00115] The disclosure is based, at least in part, on the finding that peaks within the N- acetyl region of a 1H 1D-NMR spectra of a heparin preparation are associated with characteristic structural signatures which reflect the process used to make the heparin preparation. For example, the presence of a peak at 2.10 ppm in a <[Chi]>[Eta] 1D-NMR spectra of unfractionated heparin represents a characteristic structural signature that is reflective of an oxidative processing step in the manufacture of unfractionated heparin

[00116] In some embodiments, a method described herein can be used to determine if a heparin preparation (e.g., an unfractionated heparin preparation or a low molecular weight heparin (LMWH) preparation) is at risk for coloration. Some heparin preparations have limited shelf life due, at least in part, to the development of color is the preparation during storage.

00142] These experiments described above show that the peak at 2.10 ppm in the <X>H 1D-NMR spectra of heparin is not OSCS and instead is a characteristic structural signature that is reflective of an oxidative processing step in the manufacture of unfractionated heparin. Based upon the experiments described above, the scheme provided likely results in structures A and B of Figure 16

[00143] In conclusion, it was found that oxidation conditions result in the conversion of N-acetylglucosamine residues at the reducing end of heparin chains to an N- acetylglucosaminic acid which yields a characteristic signal at 2.10 ppm in the iH-NMR spectrum of the heparin. Therefore, this signal does not arise from an impurity or contaminant present within heparin, but rather represents a part of the heparin chain itself.
[url]
worldwide.espacenet.com/publicationDetails/description?CC=WO&NR=2011090948A1&KC=A1&FT=D&date=20110728&DB=EPODOC&locale=en_EP[/url][tag]PATENT[/tag]