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Details for Patent: 6,987,102
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Summary for Patent: 6,987,102
| Title: | Methods to mobilize progenitor/stem cells | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Abstract: | Certain nitrogen-containing compounds that bind the chemokine receptor CXCR4 are able to mobilize progenitor and/or stem cells into the peripheral blood to permit harvesting them for stem cell transplantation. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Inventor(s): | Gary J. Bridger, Michael J. Abrams, Geoffrey W. Henson, Ronald Trevor MacFarland, Gary B. Calandra, Hal E. Broxmeyer, David C. Dale | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Assignee: | Genzyme Corp | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Application Number: | US10/209,001 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Patent Litigation and PTAB cases: | See patent lawsuits and PTAB cases for patent 6,987,102 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Patent Claim Types: see list of patent claims | Use; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Patent landscape, scope, and claims: | United States Patent 6,987,102: Claim Scope, Plerixafor Coverage, Expiration and Patent LandscapeU.S. Patent 6,987,102 covers methods for mobilizing progenitor and stem cells into peripheral blood by administering a CXCR4-binding compound and collecting the cells by apheresis. Its central commercial subject is plerixafor, also known as AMD3100 and marketed by Sanofi as Mozobil. The patent’s principal U.S. term has expired, eliminating current U.S. exclusionary rights from this patent, although related patents, regulatory exclusivities, manufacturing know-how and foreign rights may have affected market entry in other jurisdictions. What does U.S. Patent 6,987,102 cover?The patent claims a therapeutic and cell-collection method rather than plerixafor as a standalone chemical composition. The core method requires:
Independent claim 1 is directed to compounds having the general structure Z-linker-Z′, where the terminal groups include cyclic polyamines or specified nitrogen-containing aromatic structures. Independent claim 16 is broader in functional language and covers administration of any compound that binds CXCR4 in an amount sufficient to mobilize progenitor or stem cells, followed by apheresis (U.S. Patent No. 6,987,102, 2006). The patent therefore has two principal claim architectures:
The patent does not claim every use of a CXCR4 inhibitor. The claimed method requires mobilization into peripheral blood and subsequent harvesting by apheresis. Which claims specifically cover plerixafor?Claims 2, 3, 5, 6, 7 and 8 are the most directly relevant to plerixafor. Plerixafor is the bicyclam compound: 1,1′-[1,4-phenylene-bis(methylene)]-bis-1,4,8,11-tetraazacyclotetradecane That structure corresponds to the compound recited in claim 8. The claim requires:
The claim hierarchy operates as follows:
A product using plerixafor to mobilize stem cells for apheresis would have been the clearest target of claim 8 during the patent term. How broad is claim 16 for CXCR4-binding compounds?Claim 16 is materially broader than claim 8 because it does not recite a specific chemical structure. It covers:
The claim could potentially reach compounds outside the bicyclam family, including structurally distinct CXCR4 antagonists, if the accused method satisfies the functional limitations. Its scope is constrained by several elements:
The absence of a structural limitation creates potential claim-construction and validity issues. A defendant could challenge whether the specification adequately enables the full range of CXCR4-binding compounds covered by the claim or whether the claim has sufficient written-description support across that breadth. Those issues would depend on the patent specification, prosecution history, asserted construction and accused compound. What formulations and dosing routes are protected?The patent protects method conditions rather than a particular finished pharmaceutical formulation. Claim 10 covers acid-addition salts, and claim 11 narrows that limitation to hydrochloride salts. Claim 12 covers intravenous or subcutaneous administration. Claim 13 recites a dosage range of approximately 0.1 micrograms/kg to 5 mg/kg. These claims can be organized as follows:
The claims do not require a particular excipient, container, concentration, injection volume or commercial dosage form. They also do not claim the Mozobil trade dress or a specific injectable formulation as such. Mozobil is an injectable plerixafor product approved for use with G-CSF in stem-cell mobilization before collection by apheresis. The approved product is supplied as a sterile solution for subcutaneous injection, with a labeled concentration of 20 mg/mL (U.S. Food and Drug Administration, 2024). Does the patent cover use with G-CSF?Yes, but only claim 15 expressly requires prior administration of G-CSF. The commercial Mozobil regimen uses plerixafor after pretreatment with G-CSF. A method that administers G-CSF before plerixafor could fall within claim 15 if the remaining elements are met. Claims 1 through 13 do not require G-CSF and can be practiced without that limitation. Claim 14 recites macrophage inflammatory protein rather than G-CSF. That claim is narrower and would require the additional co-administration step. The patent does not broadly claim all stem-cell mobilization regimens involving G-CSF. It claims G-CSF only in combination with the specified CXCR4-related mobilization method. What is the FDA status of plerixafor?The FDA approved Mozobil on December 15, 2008, under NDA 022311. The approved indication is use in combination with G-CSF to mobilize hematopoietic stem cells into peripheral blood for collection by apheresis and subsequent autologous transplantation in patients with non-Hodgkin lymphoma or multiple myeloma (U.S. Food and Drug Administration, 2008).
Plerixafor is not a biologic, so biosimilar approval rules do not apply. Follow-on competitors use the abbreviated new drug application pathway under Section 505(j) of the Federal Food, Drug, and Cosmetic Act. What is the Orange Book status of U.S. Patent 6,987,102?U.S. Patent 6,987,102 was associated with the U.S. patent estate for Mozobil and covered the clinical mobilization method rather than the active ingredient as a composition claim. The patent issued on January 17, 2006. Its effective U.S. patent term expired in or around 2021, based on the patent family’s earliest relevant filing dates and applicable patent-term rules. The patent is therefore no longer an enforceable barrier to a U.S. generic using the claimed method.
Orange Book status must be evaluated by product and listing history, not merely by the existence of the patent. A patent can be listed for an NDA and later become expired while remaining visible in historical Orange Book records. The expiration of this patent does not establish that every Mozobil-related patent expired on the same date. When did plerixafor lose U.S. exclusivity?Plerixafor lost the principal U.S. patent protection associated with U.S. Patent 6,987,102 in approximately 2021. The practical generic-entry date could have depended on:
The compound’s earlier composition-of-matter protection was separate from the method claims in U.S. Patent 6,987,102. A composition patent covering bicyclam derivatives, including the AMD3100 family, was issued earlier and had a different expiration profile. A complete freedom-to-operate analysis therefore requires review of the full Orange Book and patent family rather than this patent alone. Were there Paragraph IV challenges to this patent?A Paragraph IV challenge would assert that a listed patent is invalid, unenforceable or not infringed by an ANDA product. For plerixafor, an ANDA applicant could challenge U.S. Patent 6,987,102 by arguing that:
Because the patent has expired, it no longer creates a present U.S. launch restriction. Historical Paragraph IV activity, if any, would have been relevant before expiration and would need to be assessed from FDA Orange Book records, ANDA litigation dockets and any notice letters. What patent litigation affects plerixafor?The principal legal risk during the active term was method-of-use enforcement against a generic or other party seeking approval for plerixafor stem-cell mobilization. The risk profile differed by claim:
For an ANDA case, the label and intended use would have been central. A label instructing use of plerixafor with G-CSF for stem-cell mobilization and apheresis would have created a stronger infringement theory than a label omitting the patented use. No current enforcement right arises from an expired U.S. patent. Any surviving dispute would more likely involve damages for past conduct, ownership, regulatory records, or separate unexpired patents. How strong was the patent estate?The patent was commercially strong while active because claim 8 mapped directly to the clinical use of plerixafor. Its value came from the combination of:
Its weaknesses were structural:
The strongest historical claim was claim 8 for the specific plerixafor method. Claim 16 had the largest theoretical scope but also presented the greatest validity and claim-construction exposure. How does this patent compare with competing CXCR4 and stem-cell mobilization patents?U.S. Patent 6,987,102 sits within a broader CXCR4 and hematopoietic stem-cell mobilization landscape.
The patent does not create biosimilar competition because plerixafor is a small molecule. Competitive entry is driven by generic drug regulation, active patent listings, manufacturing capability and commercial pricing. What manufacturing and intellectual-property barriers remain?After expiration, manufacturing barriers are primarily technical and regulatory rather than patent-based. Plerixafor manufacture requires control of:
These issues can delay generic entry without preserving the expired patent’s exclusivity. Separate process patents, polymorph claims, formulation patents, trade secrets and regulatory exclusivities must be reviewed independently. What generic launch risks exist?The main U.S. launch risks are no longer centered on U.S. Patent 6,987,102 itself. The relevant risks are:
Because the patent is expired, a generic plerixafor applicant generally would not need to wait for this patent before launching, subject to other listed rights and regulatory requirements. What is the geographic scope of the patent?U.S. Patent 6,987,102 has territorial effect only in the United States. It does not directly control:
Foreign patent family members may have covered corresponding compounds or methods, but each jurisdiction requires separate analysis of filing, grant, maintenance, term and legal status. A U.S. expiration does not establish foreign expiration. Key Takeaways
FAQsIs U.S. Patent 6,987,102 a composition patent for plerixafor?No. It primarily claims methods of administering plerixafor or other CXCR4-binding compounds to mobilize stem cells followed by apheresis. Claim 8 identifies the plerixafor structure within that method. Does the patent cover plerixafor use without apheresis?The asserted claims require harvesting progenitor or stem cells by apheresis. Administration of plerixafor without the claimed harvesting step would not satisfy the complete method claims as written. Does G-CSF alone infringe U.S. Patent 6,987,102?No. G-CSF alone does not satisfy the CXCR4-binding compound limitation. Claim 15 covers G-CSF used before the patented CXCR4-mediated mobilization method. Is plerixafor eligible for a biosimilar application?No. Plerixafor is a chemically synthesized small molecule. A follow-on product generally proceeds through the ANDA pathway rather than the biosimilar pathway. Can a generic launch after expiration of U.S. Patent 6,987,102?Yes, expiration removes this patent as a current U.S. barrier. The applicant must still address any other listed patents, regulatory exclusivities, label issues and product-specific intellectual-property rights. References
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Drugs Protected by US Patent 6,987,102
| 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 |
International Family Members for US Patent 6,987,102
| Country | Patent Number | Estimated Expiration | Supplementary Protection Certificate | SPC Country | SPC Expiration |
|---|---|---|---|---|---|
| European Patent Office | 1411918 | ⤷ Start Trial | C300537 | Netherlands | ⤷ Start Trial |
| European Patent Office | 1411918 | ⤷ Start Trial | CA 2012 00026 | Denmark | ⤷ Start Trial |
| European Patent Office | 1411918 | ⤷ Start Trial | PA2012011 | Lithuania | ⤷ Start Trial |
| European Patent Office | 1411918 | ⤷ Start Trial | 92033 | Luxembourg | ⤷ Start Trial |
| European Patent Office | 1411918 | ⤷ Start Trial | 122012000044 | Germany | ⤷ Start Trial |
| European Patent Office | 1411918 | ⤷ Start Trial | PA2012011,C1411918 | Lithuania | ⤷ Start Trial |
| European Patent Office | 1411918 | ⤷ Start Trial | C20120014 00064 | Estonia | ⤷ Start Trial |
| >Country | >Patent Number | >Estimated Expiration | >Supplementary Protection Certificate | >SPC Country | >SPC Expiration |
