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Patent: 10,058,630
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Summary for Patent: 10,058,630
| Title: | Methods for inhibiting stenosis, obstruction, or calcification of a stented heart valve or bioprosthesis |
| Abstract: | Methods for inhibiting stenosis, obstruction and/or calcification of a heart valve following implantation in a vessel having a wall are disclosed. In one aspect the method includes providing a bioprosthetic heart valve mounted on an elastical stent; treating the bioprosthetic heart valve with a tissue fixative; coating the stent and the bioprosthetic valve with a coating composition including one or more therapeutic agents; implanting the bioprosthetic valve into the vessel in a diseased natural valve site; eluting the coating composition from the bioprosthetic valve; and inhibiting stenosis, obstruction and/or calcification of the bioprosthetic heart valve by preventing the attachment of stem cells to the bioprosthetic heart valve, the stem cells circulating external and proximate to the bioprosthetic heart valve by activating nitric oxide production (i) in the circulating stem cells, (ii) in an endothelial cell lining covering the bioprosthetic heart valve tissue, (iii) or both. |
| Inventor(s): | Rajamannan; Nalini M. (Chicago, IL) |
| Assignee: | CONCIEVALVE, LLC (Minneapolis, MN) |
| Application Number: | 15/601,236 |
| Patent Claims: | see list of patent claims |
| Patent landscape, scope, and claims summary: | Executive summary US Patent 10,058,630 claim set is drafted as a combination method that links (1) a bioprosthetic heart valve processing step (tissue fixation and post-fixation coating), (2) a specific coating composition containing a nitric oxide activator plus an anti-proliferative plus an extracellular matrix (ECM) production inhibitor, and (3) the functional mechanism of preventing stem cell attachment to the implanted valve/stent to inhibit post-implant stenosis/obstruction/calcification. Dependent claims narrow stem cell identity, specify broad classes and examples for nitric oxide activators (including multiple statins and unrelated agents), expand anti-proliferative agents to sirolimus-family drugs and paclitaxel, and expand ECM inhibitors to broad categories of farnesyltransferase/palmitoylation pathway inhibitors and anti-osteoporotic agents. The result is a landscape with multiple “likely invalidity vectors” common to combination method claims: overbreadth from genus-style selections and functional language (“inhibiting attachment,” “inhibiting ECM production”), plus substantial overlap with earlier work in (a) NO-releasing/NO-modulating anticalcification approaches, (b) drug-eluting bioprosthetic valves, and (c) anticalcification approaches targeting proliferation and matrix/mineralization pathways. Below is a claim-by-claim critical construction of the asserted scope, and a structured patent landscape to map likely claim adjacency, infringement risk, and design-around levers for US practice. What does US Patent 10,058,630 claim cover: key elements, claim construction, and implied scope? US 10,058,630 is best treated as a three-part combination method:
Independent claim 1: critical scope notesA. “Tissue fixative prior to applying coating” This narrows away from approaches where coating is applied before fixation. In practice, many bioprosthetic valve manufacturing workflows involve fixation (e.g., glutaraldehyde or alternatives). If a challenger proves the prior art uses fixation prior to coating, this limitation may not impart meaningful novelty. B. “Nitric oxide activator” is drafted as a broad class of agents Claim 1 requires an NO activator included in the coating. Dependent claim 3 enumerates many “NO-linked” compounds that are not all NO donors in the strict sense; some are pleiotropic agents that may influence endothelial NO synthase (eNOS) activity or NO bioavailability. This breadth increases the odds that earlier art uses one of the listed statins or other NO-modulators in valve coatings or anticalcification contexts. C. “Anti-proliferative agent” This is a typical class in drug-eluting devices. If earlier valve coatings included antiproliferatives such as sirolimus-family or paclitaxel, the novelty may shift only to the specific combination with the other two categories and the “stem cell attachment prevention” functional mechanism. D. “Inhibitor of extracellular protein matrix production” This is the most expansive functional anchor. The later dependent claims make it even broader, spanning:
E. “Preventing attachment of stem cells… by activating NO production, inhibiting proliferation, and inhibiting ECM production” This is a multi-step functional limitation. It can be used as an infringement hook if accused products claim to reduce calcification via suppression of progenitor/stem cell adhesion. But it also creates a litigation vulnerability: challengers can argue that prior art approaches that reduce calcification did so through other mechanisms (e.g., reduced immune response, reduced microcalcification nucleation) not necessarily via “stem cell attachment prevention.” If courts treat this as an intended-use/functional outcome, it may be harder to enforce without strong evidence of the asserted mechanism under the claimed conditions. Which dependent claims narrow or expand scope the most: a claim-by-claim critical analysis? Claim 2: specific stem cell typesAdds: stem cells selected from cKit positive stem cells, SCA1 cells, COP cells, mesenchymal stem cells. Claims 3-5: nitric oxide activator breadth and dosing specificityClaim 3 lists a very wide slate, including:
Claim 4 adds oral administration of eNOS nitric oxide activators. Effect on infringement landscape
Critical litigation vulnerability
Claim 6: ECM inhibitor tied to bone formation inhibition in osteoblastsEffect: narrows ECM inhibition to bone formation via osteoblasts from stem cells. Claim 7: anti-proliferative agent examplesIncludes paclitaxel, sirolimus, biolimus, everolimus. Claims 8-11: ECM inhibitor via farnesyltransferase/palmitoylation pathway inhibitors with dosing and ezetimibe combinationClaim 8: ECM inhibitor selected from anti-farnesyltransferase inhibitor and/or anti-palmitoylation inhibitor. Effect: these dependent claims look like they incorporate oncology drug dosing logic and systemic regimens. That can sharply reduce practical infringement if real-world usage does not include those systemic agents at those doses. Claim 12: ECM inhibitor via anti-osteoporotic agentsIncludes bisphosphonates, denosumab, calcitonin, teriparatide, raloxifene. Claims 13-16: PCSK9 inhibitor dosing by injectionClaim 13: administering an effective amount by IM or SC injection. Effect: strongly regimen-specific. If an accused product uses PCSK9 inhibitors, it must be in claimed dosing forms and schedules, and must be combined with the device coating and the other class components. If not, claims 13-16 are less likely to be directly infringed, but they broaden the potential “indirect infringement” narrative if a strategy pairs device therapy with PCSK9 treatment. What patents are most likely to overlap: likely prior art adjacency and competitive technology themes Because the claim text is highly structured around device coating + NO activation + anti-proliferation + ECM/anticalcification, the most relevant prior art typically falls into four buckets. This patent’s originality depends on whether it combines these buckets in a novel way and with defensible evidence tied to “stem cell attachment prevention.” 1) Bioprosthetic valve coatings for anticalcification and anti-stenosisHigh-overlap themes
Landscape risk for US 10,058,630 If earlier valve patents disclose a coating with an antiproliferative agent and an NO donor or NO modulation, they may read on broad portions of claim 1. The key differentiation becomes the specific trio: NO activator + antiproliferative + ECM production inhibitor, plus the specific functional “stem cell attachment prevention.” 2) Nitric oxide donor/releaser coatings in vascular/valve contextsHigh-overlap themes
Landscape risk Claim 3’s inclusion of common statins and many NO bioavailability modulators raises the chance that prior art exists combining statins with anticalcification or antiproliferative therapy in cardiovascular implants. Claim 1 uses “activating nitric oxide production” as a functional requirement. Earlier references that show reduced calcification via NO availability could be used against claim 1, even if they do not explicitly name “stem cell attachment.” 3) Anti-proliferative and drug-eluting technologies on heart valvesHigh-overlap themes
Landscape risk If earlier bioprosthetic valve patents combine a rapamycin-family drug with anticalcification or anti-stenosis performance, claim 7 becomes vulnerable, and claim 1 becomes vulnerable once the other two composition components are found or are obvious. 4) ECM/inhibitors: farnesyltransferase/palmitoylation inhibitors or anti-osteoporotic agents in calcificationHigh-overlap themes
Landscape risk Claim 12 is the biggest overlap generator because anti-osteoporotic drug classes have strong vascular calcification and mineralization literature. If earlier valve or vascular implant patents already use bisphosphonates/denosumab to reduce calcification and improve mechanical integrity, claim 1’s “ECM production inhibition” requirement may be anticipated on the basis that calcification is a kind of ECM/mineralization process. How strong is the patent estate implied by this claim set: key enforceability risks? 1) Breadth + genus selections increase anticipation/obviousness oddsThe “nitric oxide activator” claim 3 includes multiple drug classes and mechanistic agents, plus statins and PCSK9 inhibitors. The ECM inhibitor claim 12 includes broad anti-osteoporotic drug classes. Courts commonly treat broad selection lists as inviting prior art combinations that match at least some members. 2) Functional mechanism (“preventing attachment of stem cells”) invites mechanism-evidence disputesEven if a coating reduces calcification, proving it specifically prevents stem cell attachment could be difficult if prior art used different endpoints (e.g., reduced calcium deposition, reduced osteogenic markers, reduced inflammation). On infringement, if the mechanism is treated as limiting, defendants may argue lack of correspondence. 3) Systemic administration dependent claims create regimen carve-outsClaims 4-5 (oral NO activators), 10-11 (oral ECM inhibitors), and 13-16 (PCSK9 injection) can be used as defenses if accused products deploy only local coating without systemic drugs. This can reduce direct infringement but also allows a design-around: avoid pairing device coating with the claimed systemic regimen. 4) “Nitric oxide activator” labeling includes agents that can inhibit NOSIn claim 3, inclusion of L-NMMA and L-NAME (NOS inhibitors) conflicts with “activator” semantics. That creates a claim-construction fault line. Depending on how a court interprets the claim language, it can either broaden coverage via functional definition or narrow it via consistent usage. Either way, it increases litigation friction. What generic entry risks exist for US 10,058,630: will coatings be treated as patent-surfaced products? A critical point: this patent is a method claim tied to a coated bioprosthetic valve and elution/administration regimens. Generic “entry” risk is less about generic small molecules alone, more about whether a competitor can deploy:
Practical generic/biosimilar analogueBioprosthetic valves are not “generic drugs” in the usual way. Competitors can still be blocked by method patents and device patent claims if their manufacturing and treatment regimens replicate the steps, including coating composition content and elution. Where risk is highest
Where risk is lowest
Which patent infringement pathways are most plausible: direct vs induced vs contributory Direct infringement is most plausible when a manufacturer markets a valve and a regimen that matches:
Induced/contributory becomes plausible if:
The breadth of included agents increases the chance that standard cardiovascular regimens overlap with parts of the claim set, but induced infringement usually depends on deliberate encouragement and knowledge of the patent. How could competitors design around US 10,058,630: high-probability levers
Key Takeaways
FAQs
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Details for Patent 10,058,630
| Applicant | Tradename | Biologic Ingredient | Dosage Form | BLA | Approval Date | Patent No. | Expiredate |
|---|---|---|---|---|---|---|---|
| Jubilant Hollisterstier Llc | N/A | positive skin test control-histamine | Injection | 103891 | March 13, 1924 | 10,058,630 | 2037-05-22 |
| Amgen Inc. | PROLIA | denosumab | Injection | 125320 | June 01, 2010 | 10,058,630 | 2037-05-22 |
| Amgen Inc. | XGEVA | denosumab | Injection | 125320 | November 18, 2010 | 10,058,630 | 2037-05-22 |
| >Applicant | >Tradename | >Biologic Ingredient | >Dosage Form | >BLA | >Approval Date | >Patent No. | >Expiredate |
