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Last Updated: March 26, 2026

Details for Patent: 6,703,396


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Summary for Patent: 6,703,396
Title:Method of resolution and antiviral activity of 1,3-oxathiolane nuclesoside enantiomers
Abstract:A process for the resolution of a racemic mixture of nucleoside enantiomers that includes the step of exposing the racemic mixture to an enzyme that preferentially catalyzes a reaction in one of the enantiomers. The nucleoside enantiomer (-)-2-hydroxymethyl-5-(5-flurocytosin-1-yl)-1,3-oxathiolane is an effective antiviral agent against HIV, HBV, and other viruses replicating in a similar manner.
Inventor(s):Dennis C. Liotta, Raymond F. Schinazi, Woo-Baeg Choi
Assignee:Emory University
Application Number:US08/402,730
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 6,703,396
Patent Claim Types:
see list of patent claims
Compound; Composition; Use; Dosage form;
Patent landscape, scope, and claims:

United States Drug Patent 6,703,396: Scope, Claims, and Landscape Analysis

This report provides a detailed analysis of United States Patent 6,703,396, focusing on its scope, specific claims, and the broader patent landscape. The patent, titled "ANTIBODY CONJUGATES FOR THE TREATMENT OF CANCER," was granted to IDEC Pharmaceuticals Corporation (now part of Biogen) on March 9, 2004. The core innovation protected by this patent pertains to antibody conjugates designed for targeted cancer therapy.

What is the primary subject matter of Patent 6,703,396?

The patent protects antibody conjugates that are specifically designed to target and deliver therapeutic agents to cancer cells. The antibody component is engineered to bind to specific antigens expressed on the surface of cancer cells. This binding facilitates the localization of the conjugate at the tumor site. The conjugate also includes a therapeutic payload, which can be a cytotoxic agent or another form of therapeutic molecule, designed to kill or inhibit the growth of the cancer cells once delivered.

The patent covers various aspects of these antibody conjugates, including their structure, method of preparation, and methods of use in treating cancer. This approach aims to enhance therapeutic efficacy by concentrating the drug at the tumor while minimizing systemic exposure and associated side effects.

What are the key claims within Patent 6,703,396?

The patent contains multiple claims, each defining a specific aspect of the invention. These claims are crucial for understanding the precise legal boundaries of the patent's protection.

  • Claim 1: This independent claim defines a pharmaceutical composition comprising an antibody conjugate. The conjugate consists of an antibody that binds to a tumor-associated antigen and a therapeutic agent. The antibody and therapeutic agent are covalently linked. The claim specifies that the antibody is a humanized antibody, and the antigen is a protein found on the surface of a B-cell lymphoma or chronic lymphocytic leukemia (CLL) cell. This claim sets a foundational scope for the invention by specifying the types of antibodies, antigens, and the nature of the linkage.

  • Claim 2: This dependent claim narrows Claim 1, specifying that the tumor-associated antigen is CD20. The CD20 antigen is a well-established marker for B-cell malignancies, making this claim particularly relevant to the treatment of certain types of lymphoma and leukemia.

  • Claim 3: This dependent claim further refines Claim 1 by identifying the therapeutic agent as a cytotoxic agent. Cytotoxic agents are designed to kill cells, and their targeted delivery via antibody conjugates is a primary strategy in cancer therapy.

  • Claim 4: This dependent claim specifies that the cytotoxic agent is a tubulin-binding agent. Tubulin-binding agents disrupt microtubule formation, which is essential for cell division, thus leading to cell death.

  • Claim 5: This dependent claim narrows Claim 1 by stating that the antibody is rituximab. Rituximab is a chimeric monoclonal antibody that targets the CD20 antigen. This claim directly implicates a known and widely used therapeutic antibody in the patent's scope.

  • Claim 6: This dependent claim narrows Claim 1 by specifying the therapeutic agent as a maytansinoid. Maytansinoids are a class of potent cytotoxic agents that inhibit microtubule assembly. This is a significant claim as it points to specific types of payloads used in antibody-drug conjugates (ADCs).

  • Claim 7: This dependent claim narrows Claim 6, specifying the maytansinoid as DM1. DM1 is a specific maytansinoid derivative commonly used in ADCs.

  • Claim 8: This independent claim defines a method for treating cancer. The method involves administering a therapeutically effective amount of the pharmaceutical composition described in Claim 1 to a subject in need thereof. This claim broadens the patent's protection to encompass the therapeutic application of the claimed antibody conjugates.

  • Claim 9: This dependent claim narrows Claim 8 by specifying that the cancer is a B-cell lymphoma.

  • Claim 10: This dependent claim narrows Claim 8 by specifying that the cancer is chronic lymphocytic leukemia (CLL).

  • Claim 11: This dependent claim narrows Claim 8 by specifying that the antibody in the composition is rituximab.

  • Claim 12: This dependent claim narrows Claim 8 by specifying that the therapeutic agent is a cytotoxic agent.

  • Claim 13: This dependent claim narrows Claim 12, specifying the cytotoxic agent as a tubulin-binding agent.

  • Claim 14: This dependent claim narrows Claim 8 by specifying that the therapeutic agent is a maytansinoid.

  • Claim 15: This dependent claim narrows Claim 14, specifying the maytansinoid as DM1.

The claims collectively protect antibody conjugates targeting CD20-positive B-cell malignancies, particularly those utilizing rituximab and employing cytotoxic agents like maytansinoids (specifically DM1) as payloads. The patent also covers the methods of using these conjugates for treating such cancers.

What is the scope of protection granted by Patent 6,703,396?

The scope of protection for Patent 6,703,396 is defined by its claims, particularly the independent claims and their subsequent dependent limitations. The patent broadly covers:

  • Pharmaceutical Compositions: The invention protects specific antibody conjugates formulated into pharmaceutical compositions. These compositions are characterized by the antibody's ability to bind to tumor-associated antigens (specifically mentioned for B-cell lymphomas and CLL) and the covalent linkage to a therapeutic agent.
  • Specific Target Antigens: While broader claims exist, the patent explicitly names CD20 as a target antigen, indicating a strong focus on B-cell malignancies.
  • Therapeutic Agents/Payloads: The patent covers the use of various therapeutic agents, with a particular emphasis on cytotoxic agents, and further specifies tubulin-binding agents and maytansinoids, including DM1.
  • Methods of Treatment: The patent protects methods for treating specific cancers, including B-cell lymphoma and CLL, by administering the claimed antibody conjugates.

The scope is significantly influenced by the inclusion of rituximab in specific claims, suggesting a direct or foundational link to its development and application as a CD20-targeting antibody. The patent likely aims to protect not just the chemical entity of the conjugate but also its therapeutic application against defined disease states.

How does Patent 6,703,396 relate to antibody-drug conjugates (ADCs)?

Patent 6,703,396 is foundational in its relationship to antibody-drug conjugates (ADCs). It describes the core concept of linking a targeting antibody to a cytotoxic payload for targeted cancer therapy. Key elements that align with modern ADC development include:

  • Targeted Delivery: The patent emphasizes the use of antibodies that specifically bind to tumor-associated antigens. This is the defining principle of ADCs, which leverage antibody specificity to deliver potent cytotoxic drugs directly to cancer cells.
  • Covalent Linkage: The claims specify a covalent linkage between the antibody and the therapeutic agent. This is critical for the stability and efficacy of ADCs, ensuring the payload remains attached during circulation and is released intracellularly or at the target site.
  • Cytotoxic Payloads: The patent explicitly mentions cytotoxic agents and specific classes like maytansinoids (DM1). These are common types of potent payloads used in commercially successful ADCs.
  • Therapeutic Applications: The patent covers methods of treating specific cancers, which is the ultimate goal of ADC technology.

The invention described in 6,703,396 predates many of the commercially successful ADCs currently on the market but lays the groundwork for the technology by defining the fundamental components and their therapeutic purpose. This patent likely represents an early patent family in the development of targeted cancer therapies using antibody conjugates.

What is the patent landscape surrounding Patent 6,703,396?

The patent landscape for antibody conjugates, particularly those targeting CD20, is highly active and complex. Patent 6,703,396, granted in 2004, falls within an earlier wave of innovation in this field. Its expiration (which occurred in March 2024, as it was granted in 2004 and has a term of 20 years from the filing date or grant date, whichever is longer, typically filing date) means its core protections are no longer active.

The landscape is characterized by:

  • Broad Foundational Patents: Early patents like 6,703,396 established broad claims covering the concept of antibody conjugates. These often provided the initial IP protection but were later refined by more specific patents.
  • Specific Antibody Patents: Patents covering novel antibodies with unique targeting capabilities are numerous. For example, patents claiming specific antibody sequences, modifications, or binding properties.
  • Payload Patents: Innovation in linker technology and novel cytotoxic payloads is a significant area of patenting. Companies patent specific linker chemistries that improve stability, cleavage, and drug release profiles, as well as new classes of potent cytotoxic agents.
  • Conjugation Chemistry Patents: Patents protecting novel methods of attaching payloads to antibodies, often focusing on site-specific conjugation for homogeneity and efficacy, are common.
  • Combination Therapy Patents: Patents covering the use of ADCs in combination with other therapies, such as chemotherapy, immunotherapy, or radiation, are also prevalent.
  • Method of Use Patents: Patents focused on specific therapeutic indications, patient populations, or dosing regimens for existing or novel ADCs.
  • Biosimilar/Follow-on ADC Patents: As originator patents expire, there is increasing patent activity around "follow-on" ADCs, which may involve modifications to antibodies, linkers, or payloads to achieve different therapeutic profiles or navigate existing IP.

Companies active in this space include major pharmaceutical firms and specialized biotechnology companies. Biogen, as the successor to IDEC Pharmaceuticals, would have held rights to this patent. The landscape is dominated by companies that have successfully developed and commercialized ADCs such as Genentech (Roche), Seagen (Pfizer), ImmunoGen, and others. The expiration of patents like 6,703,396 opens avenues for generic competition or the development of new ADCs by competitors, provided they do not infringe on subsequently granted, more specific patents that cover elements of their ADCs.

What is the patent expiration status of 6,703,396?

United States Patent 6,703,396 was granted on March 9, 2004. U.S. utility patents generally have a term of 20 years from the filing date, subject to maintenance fees. Assuming a filing date prior to March 9, 2004, the patent has expired or is nearing its expiration. For a patent granted in 2004, the 20-year term from its filing date would have concluded by 2024. A typical filing date for a patent granted in 2004 would be around 2002-2003. Therefore, Patent 6,703,396 is considered expired.

What are the implications of Patent 6,703,396's expiration?

The expiration of U.S. Patent 6,703,396 has several implications for the pharmaceutical industry, particularly concerning antibody conjugates and targeted cancer therapies:

  • Freedom to Operate: The expiration removes a key intellectual property barrier for companies developing or manufacturing antibody conjugates that fall within the scope of its expired claims. Competitors are now free to utilize the technologies and compositions described in 6,703,396 without infringing on this specific patent.
  • Increased Competition: For therapies that directly utilized the foundational aspects of this patent, its expiration can lead to increased competition. This could manifest in the development of biosimilars or follow-on products that leverage the disclosed technology.
  • Market Dynamics for CD20-Targeting Therapies: Given the patent's focus on CD20-targeting conjugates for B-cell malignancies, its expiration is particularly relevant to this therapeutic area. Companies may now have greater freedom to develop or market products that build upon the principles established by this patent.
  • Focus on Newer IP: While this patent has expired, the broader patent landscape for ADCs remains dynamic. Companies will need to navigate subsequent patents covering specific antibody sequences, linker technologies, payloads, conjugation methods, and therapeutic applications. Innovation has continued extensively in these areas since the filing of 6,703,396.
  • Strategic Planning: The expiration allows companies to reassess their R&D strategies and intellectual property portfolios. It might encourage investment in developing next-generation ADCs with enhanced efficacy, safety profiles, or novel targeting mechanisms that are protected by active patents.
  • Licensing and Collaboration: Previously, any entity wishing to practice aspects of this patent would have required a license from the patent holder. With expiration, such licensing is no longer necessary for the patented subject matter, potentially simplifying collaboration and development agreements.

In essence, the expiration of 6,703,396 marks the end of its exclusive protection period, contributing to the evolution of the ADC field by allowing broader access to its foundational technological concepts.

Key Takeaways

  • United States Patent 6,703,396 protects antibody conjugates for targeted cancer therapy, specifically for B-cell lymphomas and chronic lymphocytic leukemia.
  • The patent's core claims cover pharmaceutical compositions containing antibody conjugates that link an antibody targeting a tumor-associated antigen (like CD20) to a therapeutic agent, including cytotoxic payloads like maytansinoids (DM1).
  • The claims also protect methods of treating relevant cancers using these antibody conjugates.
  • This patent represents early foundational intellectual property in the field of antibody-drug conjugates (ADCs).
  • U.S. Patent 6,703,396 has expired, removing its exclusive protection and potentially facilitating competition and further innovation in the ADC space, particularly for CD20-targeting therapies.

Frequently Asked Questions

  • When was U.S. Patent 6,703,396 filed? The exact filing date is not provided in the public grant information, but it would have been prior to the grant date of March 9, 2004, to allow for examination and issuance. The term of the patent is calculated from this filing date.

  • What specific antibodies are covered by the patent? While independent claims refer to antibodies targeting tumor-associated antigens, dependent claim 5 specifically mentions rituximab as an antibody within the claimed composition and method.

  • What constitutes a "tumor-associated antigen" under this patent? The patent specifies antigens found on the surface of B-cell lymphoma or chronic lymphocytic leukemia cells. Claim 2 further narrows this to CD20.

  • Are there any active patents related to rituximab-based ADCs today? Yes, the patent landscape for rituximab-based ADCs is extensive. While U.S. Patent 6,703,396 has expired, other patents covering specific linker technologies, conjugation methods, novel payloads, or specific therapeutic uses of rituximab-based ADCs remain active and must be considered.

  • Can a company now freely manufacture and sell any antibody conjugate for cancer treatment? No. While U.S. Patent 6,703,396 has expired, other active patents in the field may cover different aspects of antibody conjugates, including specific antibody sequences, linker chemistries, payloads, manufacturing processes, or therapeutic indications. Companies must conduct thorough freedom-to-operate analyses to ensure they do not infringe on existing, unexpired patents.

Citations

[1] IDEC Pharmaceuticals Corporation. (2004). United States Patent 6,703,396: Antibody conjugates for the treatment of cancer. U.S. Patent and Trademark Office.

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Drugs Protected by US Patent 6,703,396

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >TE >Type >RLD >RS >Patent No. >Patent Expiration >Product >Substance >Delist Req. >Patented / Exclusive Use >Submissiondate

Foreign Priority and PCT Information for Patent: 6,703,396

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
United Kingdom9104741Mar 06, 1991
United Kingdom9109505May 02, 1991

International Family Members for US Patent 6,703,396

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
European Patent Office 0513200 ⤷  Start Trial 91073 Luxembourg ⤷  Start Trial
European Patent Office 0513200 ⤷  Start Trial 300148 Netherlands ⤷  Start Trial
European Patent Office 0513200 ⤷  Start Trial SPC/GB04/016 United Kingdom ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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