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Patent: 4,160,025
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Summary for Patent: 4,160,025
| Title: | Method of producing a blood-coagulation-promoting preparation from human blood plasma |
| Abstract: | In a method of producing a blood-coagulation-promoting preparation from human blood plasma, which preparation contains a new blood-coagulating substance called \"FEIBA\", human plasma with citrate ions is treated with water-insoluble inorganic coagulation-physiologically-surface-active substances in the absence of free calcium ions, thus generating \"FEIBA\", the water-insoluble substances are separated, the supernatant is treated with basic ion exchangers, wherein \"FEIBA\" and the coagulation factors II-VII-IX-X adhere to the ion exchangers, and \"FEIBA\" and the factors II-VII-IX-X are eluted and concentrated. |
| Inventor(s): | Eibl; Johann (Vienna, AT), Schwarz; Otto (Vienna, AT), Elsinger; Fritz (Vienna, AT) |
| Assignee: | Immuno Aktiengesellschaft fur chemisch-medizinische Produkte (Vienna, AT) |
| Application Number: | 05/822,679 |
| Patent Claims: | see list of patent claims |
| Patent landscape, scope, and claims summary: | Executive summary: US Patent 4,160,025 covers a manufacturing process and resulting Factor VIII inhibitor bypassing activity (“FEIBA”) preparation built from plasma containing Factors II, VII, IX and X processed with water-insoluble inorganic surface-active adsorbents (diatomaceous earths; silicon dioxide/aluminum oxide substances) in the absence of free calcium ions, followed by basic ion-exchange adsorption, elution, and concentration. Dependent claims narrow to process windows (pH 5.5-8.5; 0-30°C), adsorbent load, specific starting plasma types, a DEAE-containing high-molecular-weight ion exchanger, and specific adsorbents (Celite, kaolin). Further dependents tightly constrain product quality/ratio parameters (FEIBA unit normalization; FEIBA-to-II/VII/IX/X ratio; amidolytic activity limits; thrombin-to-FEIBA activity cap). From a landscape perspective, the claim set is broad at the level of conceptual process architecture and inorganic adsorbent/ion-exchange framework, but it becomes increasingly vulnerable on infringement if a competitor uses different calcium handling, different adsorbent chemistry/material class, a different capture/adsorption mechanism, different ion-exchange functionality, or avoids the claimed activity/impurity ratio specifications. What does US Patent 4,160,025 claim about FEIBA manufacturing (and what is the core invention)?Core claim theme (independent claim 1): a method to produce a blood-coagulation promoting preparation with Factor VIII inhibitor bypassing activity by processing plasma containing Factors II, VII, IX and X with a calcium-free, coagulation-inhibiting adsorbent system, then purifying/enriching using basic ion exchange. Claim 1 technical steps (element-by-element)
Claim 9 mirrors the composition claimIndependent claim 9 is a preparation claim defined by the same manufacturing recipe and includes:
Practical implication: claim coverage is not only about what the FEIBA product is, but also about how it is produced and, in downstream claims, about activity normalization and impurity/ratio constraints. Which aspects of claim 1 determine infringement risk for FEIBA competitors?Infringement depends on whether an accused process matches each materially limiting feature. The biggest “forks” for design-around are listed below. 1) “Absence of free calcium ions” and non-coagulating behavior
2) Adsorbent material class is constrained to specific inorganic surface-active systemsClaim 1 limits adsorbents to:
Design-around vector: competitors using different inorganic adsorbents (different oxides, different composite materials, polymeric adsorption media, membrane separation, affinity capture) can argue non-infringement. 3) The FEIBA-forming step must be tied to that adsorbent treatmentThe claim states the FEIBA substance is “generated” during treatment with the claimed inorganic surface-active substance. Design-around vector: if FEIBA activity is generated primarily via other steps (e.g., enzyme-mediated modification, different fractionation, or a different adsorption matrix) then the “generated by treating…” element is harder to meet. 4) Basic ion exchanger as the capture/purification mechanismClaim 1 requires treating the supernatant with a basic ion exchanger to adsorb both FEIBA activity and Factors II/VII/IX/X, then eluting them. Design-around vector: use of non-ion-exchange separation (e.g., ultrafiltration + precipitation, chromatographic modalities without ion-exchange functionality) or ion exchangers that do not qualify as “basic” can reduce literal fit. How do dependent claims narrow the patent: process parameters, plasma sources, and specific adsorbents?Dependent claims 2-8 reduce scope and create additional “must-match” limitations. Claim 2: temperature and pH window
Claim 3 and 4: adsorbent dosage ranges
Claim 5: allowed plasma types
If a competitor uses different plasma fractions (or different sourcing such as recovered plasma, reconstituted fractions, or different manufacturing streams), dependent claim 5 becomes harder to meet. Claim 6: ion exchanger specification (DEAE-like)
Claims 7 and 8: specific inorganic adsorbents
What product quality limitations are claimed in US 4,160,025 (FEIBA units, activity ratios, amidolytic activity, thrombin-to-FEIBA impurity controls)?Claims 10-14 tightly define FEIBA preparations using functional assays and activity ratios, which can drive both infringement and validity scrutiny in practice. Claim 10: FEIBA-to-Factors II/VII/IX/X ratio bounds
Claim 11: narrower ratio
Claim 12 and 13: amidolytic activity limits tied to specific chromogenic substratesClaims 12-13 restrict “specific amidolytic activity” measured with:
Limits:
Why it matters commercially: these parameters can act as a proxy for residual protease activity, thrombin-related impurities, or other enzymatic species that would otherwise broaden clinical or regulatory risk. Claim 14: thrombin-to-FEIB activity cap
Infringement note: if a competitor produces FEIBA with thrombin activity above that threshold (or uses different impurity characterization), dependent claim 14 may not be met even if the process matches claim 1. Does claim 15 expand coverage beyond manufacturing into administration to inhibitor-to-Factor VIII patients?Claim 15 is a method-of-treatment claim:
Key coverage attributes
Design-around vector
How strong is the patent estate coverage conceptually: broad process architecture vs narrow embodiments?US 4,160,025 is strongest where accused products/processes match the patent’s “mechanistic scaffold”:
Where the claim set is relatively narrow (and vulnerability increases)
What FEIBA “generic entry” risks does this patent create (even without mapping to other listed patents)?Even without a full Orange Book cross-reference, the claim architecture indicates typical entry risk patterns for FXI inhibitor bypassing products and FEIBA-like preparations: Risk drivers
The “testing specification” riskDependent claims 10-14 can create additional product-level infringement exposure if a generic or biosimilar-like product releases with:
Litigation posture implied by claim structureBecause claim 1 is process-defined and includes relatively specific chemistry-material constraints, enforcement often focuses on:
How does US 4,160,025 compare with common FEIBA process design choices (where it lines up vs where it diverges)?Line-up with typical FEIBA-like fractionation:
Potential divergences by design:
Key takeaways
FAQs1) What is the single most important limitation in claim 1 for process infringement?The combination of (i) plasma treated without free calcium ions and (ii) treated with the specified inorganic surface-active adsorbents to generate FEIBA, followed by basic ion exchange adsorption of both FEIBA and Factors II/VII/IX/X. 2) Do the pH and temperature ranges in claim 2 affect only dependent-claim coverage?Yes. Claim 2 limits coverage of that dependent claim; claim 1 can still be asserted if a process matches the independent elements. 3) Can a competitor avoid claim coverage by changing the adsorbent from diatomaceous earth to an alternative inorganic?If the alternative is not within “diatomaceous earths” or “silicon dioxide and aluminum oxide” substances, it can break literal coverage for claim 1 and claim 9. 4) What do the amidolytic activity limits in claims 12-13 control in practice?They function as release/specification constraints tied to specific chromogenic substrates and normalized to FEIBA unit and Factors II-VII-IX-X units, limiting enzymatic activity levels in the final FEIBA preparation. 5) Does claim 15 create exposure for prescribing even if manufacturing differs?Claim 15 requires FEIBA to be “produced by” the claimed manufacturing sequence. If manufacturing does not match, it reduces the claim’s applicability. References
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Details for Patent 4,160,025
| Applicant | Tradename | Biologic Ingredient | Dosage Form | BLA | Approval Date | Patent No. | Expiredate |
|---|---|---|---|---|---|---|---|
| Takeda Pharmaceuticals U.s.a., Inc. | AUTOPLEX, FEIBA NF, FEIBA VH | anti-inhibitor coagulant complex | For Injection | 101447 | December 21, 1979 | ⤷ Start Trial | 1997-08-08 |
| Takeda Pharmaceuticals U.s.a., Inc. | AUTOPLEX, FEIBA NF, FEIBA VH | anti-inhibitor coagulant complex | For Injection | 101447 | July 31, 2000 | ⤷ Start Trial | 1997-08-08 |
| Takeda Pharmaceuticals U.s.a., Inc. | AUTOPLEX, FEIBA NF, FEIBA VH | anti-inhibitor coagulant complex | For Injection | 101447 | August 11, 2005 | ⤷ Start Trial | 1997-08-08 |
| >Applicant | >Tradename | >Biologic Ingredient | >Dosage Form | >BLA | >Approval Date | >Patent No. | >Expiredate |
