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Details for Patent: 11,376,244
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Which drugs does patent 11,376,244 protect, and when does it expire?
Patent 11,376,244 protects GALAFOLD and is included in one NDA.
This patent has one hundred and fifty-two patent family members in twenty-seven countries.
Summary for Patent: 11,376,244
| Title: | Methods of treating Fabry patients having renal impairment | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Abstract: | Provided are methods for treatment of Fabry disease in patients having HEK assay amenable mutations in α-galactosidase A. Certain methods comprise administering migalastat or a salt thereof every other day, such as administering about 150 mg of migalastat hydrochloride every other day. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Inventor(s): | Jeff Castelli, Elfrida Benjamin | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Assignee: | Amicus Therapeutics Inc | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Application Number: | US17/670,095 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Patent Litigation and PTAB cases: | See patent lawsuits and PTAB cases for patent 11,376,244 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Patent Claim Types: see list of patent claims | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Patent landscape, scope, and claims: | United States Patent 11,376,244: Scope, Claims, Expiration Risk, and Patent Landscape for Migalastat-Bound Alpha-Galactosidase AUS 11,376,244 protects two related subject matters: migalastat bound to specified alpha-galactosidase A, or GLA, variants, and the specified GLA variants themselves when they show increased stability relative to the corresponding naturally occurring mutant proteins. The patent is directed to pharmacological-chaperone technology for Fabry disease and is closely aligned with the mechanism of migalastat, marketed as Galafold. The strongest claim coverage is composition-based. The claims do not require a particular dosage, capsule, treatment schedule, route of administration, formulation excipient, or manufacturing process. A competing product could therefore avoid these claims only by omitting migalastat, using a GLA sequence outside the listed mutation set, or demonstrating that the relevant protein does not satisfy the functional stability limitation in claim 16. What does US Patent 11,376,244 claim?The patent has two independent claims.
Claims 2 through 14 narrow claim 1 to individual mutations or mutation combinations. Claims 17 through 30 narrow claim 16, primarily by specifying individual substitutions or binding to migalastat. The listed mutations are:
The claim set covers 14 principal sequence variants, although G271S/D313Y is a double-mutant designation and D313Y is separately claimed. How broad is claim 1 for migalastat-bound GLA?Claim 1 is broad in subject matter but narrow in sequence. It requires a “molecule comprising migalastat bound to” a GLA protein containing one of the listed mutations. The claim does not expressly require:
The phrase “comprising” generally leaves room for additional molecular components. A complex containing migalastat, a covered GLA variant, and other components could fall within the claim if the migalastat is bound to the covered protein. The central infringement question is whether migalastat is physically or functionally bound to the GLA variant. Mere co-formulation or co-administration would not necessarily satisfy the claim. A product containing migalastat and an unrelated enzyme would not satisfy claim 1 because the required bound complex would be absent. Claim 1 also does not expressly impose the increased-stability limitation that appears in claim 16. That distinction gives claim 1 potentially broader coverage for the bound complex, subject to claim construction and the patent specification’s definitions. Which mutations are covered by the patent?The patent covers the following GLA variants: D33G, L36W, Q57L, and M96IThese substitutions are individually claimed in claims 2 through 5 and claims 18 through 21. A protein carrying one of these mutations falls within the corresponding dependent claim if all parent-claim limitations are met. R112G, C174R, and M187IThese variants are separately claimed in claims 6 through 8 and claims 22 through 24. C174R is particularly relevant to protein structure because cysteine substitution can affect disulfide-bonding behavior, folding, or intracellular processing, depending on the surrounding sequence and expression system. I253S and G258RThese substitutions are covered by claims 9, 10, 25, and 26. Their coverage is sequence-specific and does not extend automatically to conservative substitutions at the same positions. G271S/D313Y and D313YClaim 11 covers either the double-mutant designation G271S/D313Y or D313Y alone. The same alternatives appear in claim 27. The double-mutant language should be read carefully in an infringement analysis because G271S/D313Y is materially different from either G271S alone or D313Y alone. D322E, G325R, and R356QThese are covered by claims 12 through 14 and claims 28 through 30. D322E is a conservative substitution, but conservative biochemical character does not remove it from the literal scope of a sequence claim. What does claim 16 add to the patent scope?Claim 16 covers a GLA protein having one of the listed mutations and “increased stability as compared to a naturally-occurring alpha-galactosidase A protein having the same mutation.” This creates a functional limitation that is absent from the basic mutation list. The claim is not satisfied merely because a protein contains D33G, L36W, or another listed substitution. The accused protein must also be more stable than the corresponding naturally occurring mutant protein. The comparison is important. Claim 16 does not compare the engineered protein with wild-type GLA. It compares the engineered protein with a naturally occurring GLA protein containing the same mutation. The relevant control is therefore mutation-matched. Potential stability measurements could include, depending on the specification and prosecution history:
The enforceability of claim 16 will depend heavily on how the patent specification and prosecution record define “increased stability.” A stability comparison that lacks a defined assay, temperature, incubation period, endpoint, or control condition could create claim-construction and enablement disputes. Does claim 15 cover disease-causing GLA mutations?Claim 15 depends on claim 1 and requires that the mutation be a disease-causing mutation. It does not create an independent disease-treatment claim. The claim therefore requires:
Claim 15 is narrower than claim 1. It would not cover every listed variant if a particular variant is not established as disease-causing under the applicable evidentiary standard. The claim also does not require treatment of a patient with Fabry disease. It remains a composition claim. A product can infringe without being marketed with a disease-treatment indication if the claimed composition is made, used, or sold within the relevant jurisdiction. What products and activities could create infringement risk?The highest-risk activities are the manufacture, importation, sale, or use of a complex containing migalastat bound to a GLA protein carrying one of the listed substitutions.
The patent does not appear, from the supplied claims, to cover all forms of migalastat therapy. Its principal risk is directed to engineered or naturally occurring GLA variants and their interaction with migalastat. What formulations are protected by US 11,376,244?The supplied claims do not expressly claim a formulation. They do not recite:
A formulation could still infringe if it contains the claimed migalastat-bound GLA molecule. The formulation itself would not be the source of infringement; the relevant issue would be whether the formulation contains the claimed molecular complex. Separate formulation patents could create additional barriers for generic or follow-on products. Those rights must be assessed independently from US 11,376,244. Does the patent claim a method of treating Fabry disease?The supplied claims do not include a method-of-treatment claim. There is no claim reciting:
The patent may contain treatment disclosures in its specification, but the enforceable claim set provided is directed to molecules and proteins. Method-of-use protection for migalastat would be a separate patent-landscape issue. What is the FDA and Orange Book relevance?Migalastat is an FDA-approved small-molecule therapy for eligible patients with Fabry disease who have amenable GLA variants. The FDA-approved product is Galafold, marketed by Amicus Therapeutics. The product’s pharmacology involves stabilization of amenable mutant GLA, allowing improved trafficking and lysosomal activity in appropriate patients [2]. US 11,376,244 is not, based on the supplied claims, a conventional small-molecule composition patent covering migalastat itself. It claims a protein-migalastat complex and engineered GLA variants. That distinction matters for Orange Book analysis. The Orange Book generally identifies patents submitted for approved drug products and associated approved uses. A protein-variant patent may be relevant to product freedom to operate without being the principal composition-of-matter patent for the approved small molecule. The patent’s actual Orange Book listing status requires confirmation from the FDA’s current Orange Book data and the sponsor’s patent submissions [3]. The patent should therefore be analyzed alongside, not substituted for:
When does US 11,376,244 lose exclusivity?The supplied claim text does not establish the patent’s expiration date, terminal disclaimer, patent-term adjustment, patent-term extension, or priority chain. Those facts control the enforceable expiration date. For a US patent, the ordinary term is generally measured from the earliest effective nonprovisional filing date, subject to statutory adjustments and disclaimers. A reliable expiration analysis must review the front page, continuity data, priority applications, terminal disclaimers, and USPTO Patent Examination Data System records [1]. The grant date alone cannot be used to calculate the expiration date. The relevant commercial question is the earliest effective priority or nonprovisional filing date, not the date on which US 11,376,244 issued. Are Paragraph IV challenges or generic-entry risks disclosed?The supplied information does not identify an Abbreviated New Drug Application, Paragraph IV notice, Hatch-Waxman litigation, or settlement involving US 11,376,244. A conventional generic challenge to Galafold would ordinarily focus on patents listed for the approved small-molecule product. US 11,376,244 presents a different risk profile because its claims require a GLA protein variant or a migalastat-bound GLA complex. A generic migalastat tablet containing only the small molecule would not appear to practice the protein-complex claims on the supplied claim language. A biosimilar or follow-on biologic containing a covered GLA variant would face a more direct risk. What biosimilar and follow-on biologic risks exist?The patent is more relevant to enzyme-replacement or engineered-GLA programs than to ordinary small-molecule generic migalastat. A follow-on GLA product could face claim risk if it:
A product using wild-type GLA, a different mutation, or a different chaperone may have a stronger noninfringement position. Equivalents risk remains relevant if the substituted residue performs substantially the same function in substantially the same way with substantially the same result, although prosecution-history estoppel and sequence-specific claim language can limit that theory. How strong is the patent estate based on the claims?The estate has meaningful technical specificity but limited breadth outside the listed variants. Strengths
Limitations
The estate is strongest against a product deliberately using one of the specified GLA variants in combination with migalastat. It is weaker against a conventional generic tablet containing migalastat alone. How does US 11,376,244 compare with competing technology?
What geographic coverage applies?US 11,376,244 provides rights in the United States only. Commercial programs using the same variants in Europe, Japan, China, or other markets require review of corresponding foreign applications and granted patents. The international landscape may differ because:
A global freedom-to-operate analysis should not assume that US claim scope maps directly to European or Asian claim scope. Key Takeaways
FAQsDoes US 11,376,244 cover Galafold by itself?Not based on the supplied claims. Galafold contains migalastat, while the claims require either a migalastat-bound GLA protein or a specified GLA protein variant. Can a company avoid the patent by using a different GLA mutation?A different mutation would generally fall outside the literal listed-mutation language. Equivalents risk and other patent families would still require separate analysis. Does the patent cover enzyme replacement therapy for Fabry disease?It can affect enzyme-replacement products using the listed GLA variants. The supplied claims do not broadly cover all alpha-galactosidase A replacement therapies. Is D313Y covered separately from G271S/D313Y?Yes. Claim 11 and claim 27 identify D313Y separately from the G271S/D313Y combination. Is increased stability required for every claim?No. The supplied language expressly imposes increased stability in claim 16 and its dependent claims. Claim 1 and its dependent claims focus on the migalastat-bound molecule and do not expressly recite that limitation. References
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Drugs Protected by US Patent 11,376,244
| Applicant | Tradename | Generic Name | Dosage | NDA | Approval Date | TE | Type | RLD | RS | Patent No. | Patent Expiration | Product | Substance | Delist Req. | Patented / Exclusive Use | Submissiondate |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Amicus Therap Us | GALAFOLD | migalastat hydrochloride | CAPSULE;ORAL | 208623-001 | Aug 10, 2018 | RX | Yes | Yes | ⤷ Start Trial | ⤷ Start Trial | Y | ⤷ Start Trial | ||||
| >Applicant | >Tradename | >Generic Name | >Dosage | >NDA | >Approval Date | >TE | >Type | >RLD | >RS | >Patent No. | >Patent Expiration | >Product | >Substance | >Delist Req. | >Patented / Exclusive Use | >Submissiondate |
International Family Members for US Patent 11,376,244
| Country | Patent Number | Estimated Expiration | Supplementary Protection Certificate | SPC Country | SPC Expiration |
|---|---|---|---|---|---|
| Argentina | 111971 | ⤷ Start Trial | |||
| Argentina | 131106 | ⤷ Start Trial | |||
| Argentina | 131107 | ⤷ Start Trial | |||
| Australia | 2009214648 | ⤷ Start Trial | |||
| Australia | 2014221321 | ⤷ Start Trial | |||
| Australia | 2016206297 | ⤷ Start Trial | |||
| >Country | >Patent Number | >Estimated Expiration | >Supplementary Protection Certificate | >SPC Country | >SPC Expiration |
