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Patent: 10,519,211


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Summary for Patent: 10,519,211
Title:Compounds as peptidic GLP1/glucagon/GIP receptor agonists
Abstract: The present invention relates to trigonal GLP-1/glucagon/GIP receptor agonists and their medical use, for example in the treatment of disorders of the metabolic syndrome, including diabetes and obesity, as well as for reduction of excess food intake.
Inventor(s): Bossart; Martin (Frankfurt am Main, DE), Evers; Andreas (Frankfurt am Main, DE), Haack; Torsten (Frankfurt am Main, DE), Lorenz; Katrin (Frankfurt am Main, DE), Kadereit; Dieter (Frankfurt am Main, DE), Wagner; Michael (Frankfurt am Main, DE), Pfeiffer-Marek; Stefania (Frankfurt am Main, DE), Lorenz; Martin (Frankfurt am Main, DE)
Assignee: SANOFI (Paris, FR)
Application Number:15/829,698
Patent Claims:see list of patent claims
Patent landscape, scope, and claims summary:

United States Patent 10,519,211: Claim-Level Validity Risk and US Patent Landscape for a Glucagon/GLP-1/GIP-Relative Activity Peptide Conjugate

US Patent 10,519,211 is centered on a highly specific, long peptide backbone (marked as “formula I” and expressed through a sequence framework) carrying a functionalized lysine side chain (X14) that is acylated via a linker (“Z”) and a terminal lipophilic moiety (R5). Downstream claims broaden into activity thresholds at glucagon and GLP-1 and GIP receptors, then expand into pharmaceutical compositions and treatment methods covering diabetes, obesity, and NAFLD/NASH.

The critical question for freedom-to-operate and patent defensibility is not “is it a peptide conjugate” but whether (1) the backbone sequence framework and (2) the side-chain functionalization chemistries and (3) the receptor activity thresholding language are already disclosed or are inevitable design choices in prior art addressing glucagon receptor agonism/antagonism, GLP-1 receptor agonism, GIP receptor activity, and long-acting peptide delivery.


What does US 10,519,211 actually claim (and what is the real scope)?

Claim set architecture

Independent claim 1 defines a compound genus with multiple constrained variables:

  • Backbone (fixed): a long peptide format beginning with “H2N-His-Aib-Gln-Gly-Thr-Phe-Thr-Ser-Asp-Leu-Ser-Lys-…-Glu…”
    • Uses Aib (alpha-aminoisobutyric acid) and multiple fixed residues and variable positions (X14, X16, X29, X31).
  • Variable residues
    • X14: amino acid residue with functionalized “--NH2 side chain group”
    • Selected from Lys, Orn, Dab, Dap
    • The side chain is functionalized by --Z--C(O)--R5
    • Z (linker): length 1 to 5 amino acid linker groups
      • Each linker unit selected from γ-Glutamate (gGlu), gAAA (gamma-amino adipic acid), AEEAc ((2-(2-aminoethoxy)ethoxy)acetyl), combinations, and all stereoisomeric forms
    • X16: selected from Glu, Lys
    • X29: selected from D-Ala, Gly
    • X31: selected from His, Pro
  • R1: NH2 or OH
    • Plus salt/solvate fallback
  • Specialized narrower dependent claims
    • Claims 6-13 lock X14 to Lys
    • Narrow Z to enumerated patterns and R5 to pentadecanyl and heptadecanyl in those dependent claims
    • Claims 8-9 provide specific long chemical names for representative functionalizations
  • Example-based claim anchors
    • Claims 14-17: compound defined by SEQ ID NOs 6-23 (and specific SEQ IDs 6, 9, 11)

Activity-threshold claims are part of the legal scope

Claims 3-5 introduce numeric performance gating:

  • Claim 3: relative activity ≥ 1% vs natural glucagon at the glucagon receptor
  • Claim 4: relative activity ≥ 10% vs GLP-1(7-36)-amide at the GLP-1 receptor
  • Claim 5: relative activity ≥ 2% vs GIP at the GIP receptor

These are not “results in the spec” statements only; they are claim limitations. In enforcement, the patentee must prove those receptor-relative activity metrics for the accused product. In invalidity challenges, challengers can target prior disclosures that include comparable receptor assays or can argue that the activity thresholds are not meaningfully limiting if prior art compounds inherently meet them.

Therapy and combination claims expand coverage beyond the molecule

Claims 18-21 cover:

  • Pharmaceutical compositions of claim 1 compounds
  • Combination products with a long list of glucose/weight agents (GLP-1, DPP-4 inhibitors, SGLT2 inhibitors, insulin, metformin class, TZDs, sulfonylureas, etc.)

Claims 22-27 and 28-30 are treatment methods for:

  • glucose intolerance, insulin resistance, pre-diabetes, hyperglycemia, diabetes, obesity
  • NAFLD/NASH
  • type 2 diabetes, obesity weight reduction
  • HbA1c reduction and hyperglycemia reduction
  • combination administration (simultaneous or sequential)

Net scope: a long-acting peptide conjugate genus defined by a very specific peptide scaffold and lipophilic side-chain functionalization plus performance thresholds at glucagon/GLP-1/GIP receptors, then broad treatment/use language.


What is the likely inventive contribution and where is the weak point?

Likely “core” invention: constrained lysine side-chain lipidation with specialized linkers

Claim 1’s standout restriction is the lysine side-chain functionalization:

  • linker units only among gGlu, gAAA, AEEAc
  • length 1-5
  • terminal acyl group R5 with up to 50 carbons and only N/O heteroatoms
  • dependent claims narrow R5 to pentadecanyl or heptadecanyl

This chemotype resembles strategies used to create long-acting peptide therapeutics (lipidation + polar linkers to modulate release/PK). The weak point in defending novelty is that multiple prior art lines disclose:

  • lipidated peptides (fatty acyl / alkyl substitutions)
  • glycosylation-like or glutamate/AEEAc linker motifs to control solubility and stability
  • long-acting GLP-1/glucagon receptor agonist designs using constrained peptide scaffolds and tethered lipids

The legal question becomes whether US 10,519,211 is sufficiently differentiated from earlier disclosures at the exact combination level: the peptide backbone substitutions plus the specific linker unit set and length range plus the terminal R5 carbon/heteroatom constraints and stereoisomer handling.

Numeric receptor thresholds reduce “paper breadth,” but create assay and prior-art vulnerability

Numeric activity limitations can help differentiate from broad genus prior art that did not report that level of cross-receptor activity.

At the same time, challengers can exploit:

  • earlier peptides (even if for a different purpose) that naturally exhibit dual or triple receptor activity
  • prior art that reports receptor panels and relative potency data
  • inherent activity arguments where assay variability makes it easier to argue that prior art compounds meet thresholds

How do dependent claims narrow risk (claims 6-13) and what they imply for enforceability?

Claim 6 and 7: Lys-only and R5 restricted to two lipids

  • X14 fixed as Lys
  • Z selected from enumerated sequences of gGlu, gAAA, and AEEAc combinations
  • R5 fixed to pentadecanyl and heptadecanyl

Enforceability upside: fewer embodiments; infringement proof can focus on accused lipid identities and linker sequence lengths/compositions.

Invalidity downside: if prior art already describes those same two lipid lengths and those same linker motifs, the narrower dependent claims may collapse quickly.

Claims 8-9: explicitly enumerated functionalized side-chain groups

These define multiple listed chemical moieties that correspond to specific linker and lipid architectures. This can anchor to a particular set of examples, making it harder to say “broad genus” without meeting the enumerated chemical structures.

If those moieties have close prior disclosure, these dependent claims become the easiest invalidation targets because the accused chemistry can be matched to prior art structures.

Claims 10-13: explicit residue combinations at X16, X29, X31 plus Lys side-chain functionalization

These create a finite set of residue permutations around a fixed functionalization. Again, defensibility depends on whether earlier art already explored the same residue swap pattern (Glu/Lys at X16, D-Ala/Gly at X29, His/Pro at X31) in the same context of glucagon/GLP-1/GIP receptor targeting.


Where does the patent likely sit in the broader “dual/triple incretin and glucagon receptor” landscape?

US 10,519,211’s receptor language indicates a molecule engineered to have simultaneous activity at glucagon receptor and GLP-1 receptor and GIP receptor (or at least meeting those relative minima). That places it within a known strategy for obesity and diabetes: multi-receptor engagement to improve glycemic control and weight loss versus single agonism.

The claim set’s breadth around indications (diabetes, obesity, NAFLD/NASH) aligns with a common commercial development pathway for incretin and glucagon axis agents.

From a landscape perspective, the strongest invalidity vectors are patents and publications in four clusters:

  1. Glucagon receptor agonist scaffolds (often with modifications to alter potency and half-life)
  2. GLP-1 receptor agonist scaffolds including long-acting forms and combination therapy concepts
  3. GIP receptor agonism and cross-activity profiles
  4. Long-acting peptide delivery chemistries using lysine side-chain lipidation and polar linkers

Because claim 1’s lipidation/linker chemistry is generic enough to fit many earlier long-acting systems, the differentiator must be the exact combination of:

  • the fixed peptide backbone framework with specific substitutions (Aib, the residue pattern around Lys and X16/X29/X31)
  • the permitted linker unit set (gGlu, gAAA, AEEAc, with 1 to 5 units)
  • the terminal acyl constraints and the specific dependent embodiments (pentadecanyl/heptadecanyl)
  • the receptor activity minima

If even one earlier reference discloses the same molecule or a direct structural equivalent (including the same peptide backbone substitutions and the same functionalized lysine side-chain architecture), the claim 1 and its dependent set are exposed.


What are the highest-risk claim limitations to attack in US litigation (or to screen for in competitor products)?

1) Structural limitation around X14 “--Z--C(O)--R5”

This is the pivot. Competitors can design around by changing:

  • X14 residue type (claim 1 includes Lys/Orn/Dab/Dap, so switching to an excluded backbone residue could avoid)
  • linker unit identity (only gGlu/gAAA/AEEAc are allowed)
  • linker length (claim 1 allows 1-5 units; longer/shorter may evade)
  • terminal R5 heteroatom composition and/or carbon count (claim 1 allows up to 50 with N/O heteroatoms; a different architecture can avoid)

2) Residue constraints at X16/X29/X31

If prior art shows activity across these positions, then novelty drops. For enforceability, these positions are also hard evidence points if an accused product sequence is known.

3) Numeric receptor activity thresholds

Even if a structural match exists, numeric minima must be proven in relevant receptor assays. If accused products are close but fall short, claims 3-5 provide a potential carve-out.

For invalidity, attackers can use:

  • prior assay data at or above these thresholds
  • inherent activity if the prior art discloses compounds that would meet these minima under the same definitions

4) Pharmaceutical composition and method claims

These are generally easier for claim breadth to survive only if independent compound claim 1 survives. If claim 1 is invalid or avoided, downstream claims typically fail.


Landscape implications: how to prioritize monitoring and diligence

Product-form vs. patent-form mismatch risk

Because method and composition claims are broad, the key diligence target is whether competitor products incorporate:

  • the same long-acting peptide scaffold class
  • the same lysine side-chain lipidation architecture
  • dual/triple receptor activity consistent with claims 3-5
  • an NAFLD/NASH claim strategy in development

Competitors may still choose structural variants that deliver similar PK and receptor engagement but avoid the exact linker unit set or terminal R5.

Evidence plan for infringement and invalidity

A defensible technical case must tie:

  • the exact peptide sequence and modified lysine side-chain chemistry to claim 1’s formula elements
  • assay results to claims 3-5 thresholds
  • the accused formulation and dosing route to composition/method claims

The claim set’s specificity means that generic disclosures without exact chemistry are weaker invalidity tools than direct structure disclosures.


Key Takeaways

  • US 10,519,211 claim scope is anchored on a specific long peptide backbone plus a constrained lysine side-chain functionalization using only gGlu/gAAA/AEEAc linker units (1 to 5 units) terminating in C(O)R5 with defined physicochemical constraints, with dependent claims narrowing to pentadecanyl/heptadecanyl.
  • The strongest differentiator is the combined structural constraint set, not the broad therapy list. If earlier art discloses the same backbone plus the same lipidation/linker pattern, claim 1 and dependent claims 6-13 are exposed.
  • The numeric receptor activity minima at glucagon, GLP-1, and GIP receptors (≥1%, ≥10%, ≥2%) are meaningful limitations but also create an evidentiary battleground: prior art assays or inherent activity can be used to defeat novelty/obviousness, while accused products must meet threshold performance for infringement of claims 3-5.
  • Composition and method claims likely stand or fall with the compound claims; design-around is most feasible by altering the lysine side-chain architecture (linker units, linker length, or terminal R5).

FAQs

1) What is the main inventive hinge in US 10,519,211?

The compound scope in claim 1 is driven by the X14 lysine side-chain modification defined as --Z--C(O)--R5, where Z is limited to gGlu/gAAA/AEEAc (1 to 5 units) and R5 has defined carbon/heteroatom characteristics.

2) Do claims require activity at all three receptors?

Claims 3-5 separately impose activity thresholds at the glucagon receptor, GLP-1 receptor, and GIP receptor. Infringement of those specific claims requires meeting the respective numeric minima.

3) Which dependent claims narrow the chemistry the most?

Claims 6-13 narrow X14 to Lys, constrain Z to enumerated linker patterns, and restrict R5 to pentadecanyl/heptadecanyl in key subsets, plus specify X16/X29/X31 residue choices.

4) Why do method claims matter if claim 1 is avoided?

Because composition and method coverage is contingent on administering or formulating the claim 1 compound (or its salts/solvates). If claim 1 is structurally designed around, downstream claims typically lose their target.

5) What are the most practical design-around levers?

Changing (a) the linker unit set, (b) linker length, or (c) the terminal lipid moiety architecture at X14’s --Z--C(O)--R5 is the most direct route to escape claim 1’s structural definition.


References

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Details for Patent 10,519,211

Applicant Tradename Biologic Ingredient Dosage Form BLA Approval Date Patent No. Expiredate
Chiesi Farmaceutici S.p.a. MYALEPT metreleptin For Injection 125390 February 24, 2014 ⤷  Start Trial 2037-12-01
>Applicant >Tradename >Biologic Ingredient >Dosage Form >BLA >Approval Date >Patent No. >Expiredate

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