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Details for Patent: 7,067,551
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Summary for Patent: 7,067,551
| Title: | Deacetylase inhibitors | ||||||||||||||||||||||||||||||||||||
| Abstract: | The present invention provides hydroxamate compounds which are deacetylase inhibitors. The compounds are suitable for pharmaceutical compositions having anti-proliferative properties. | ||||||||||||||||||||||||||||||||||||
| Inventor(s): | Stacy W Remiszewski, Kenneth W Bair, Richard W Versace, Lawrence B Perez, Michael A Green, Lidia C Sambucetti, Sushil Sharma | ||||||||||||||||||||||||||||||||||||
| Assignee: | Secura Bio Inc | ||||||||||||||||||||||||||||||||||||
| Application Number: | US10/984,501 | ||||||||||||||||||||||||||||||||||||
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Patent Claim Types: see list of patent claims | Use; | ||||||||||||||||||||||||||||||||||||
| Patent landscape, scope, and claims: | US Patent 7,067,551: Claim Scope, LAQ824 Protection, Expiration and HDAC-Inhibitor Patent LandscapeUS Patent 7,067,551 covers methods of treating proliferative disorders and regulating the p21 promoter with broad classes of substituted cinnamoyl hydroxamic acids. Its most commercially relevant claims narrow to LAQ824, also known as N-hydroxy-3-[4-[[(2-hydroxyethyl)[2-(1H-indol-3-yl)ethyl]amino]methyl]phenyl]-2E-2-propenamide, a hydroxamic-acid histone deacetylase inhibitor developed in the Novartis pipeline. The patent does not claim LAQ824 as a composition of matter in the claims supplied. It claims methods using the compound or its pharmaceutically acceptable salts. The patent is not associated with an FDA-approved product, has no known Orange Book-listed drug, and does not create a current FDA exclusivity barrier. Its principal value is historical and freedom-to-operate related: it identifies a broad chemical and therapeutic field around LAQ824 and related HDAC inhibitors, but its enforceability depends on the patent’s expiration, prosecution history, maintenance status, claim construction, and any later continuation or divisional patents. What does US Patent 7,067,551 cover?US 7,067,551 covers two distinct categories of method claims:
The patent’s central chemical class is represented by formula (I), a heavily substituted cinnamamide or cinnamoyl hydroxamic-acid framework. The claims permit extensive variation at the side chains, ring substituents, amino substituents, heterocycles and terminal functional groups. What is the independent therapeutic claim?Claim 1 requires:
The claim does not require a particular dose, route, schedule, tumor biomarker, combination therapy, or treatment line. It is therefore broad as a method claim, subject to the chemical limitations embedded in formula (I). Claim 5 supplies a long list of covered disorders, including:
Claims 7 through 9 narrow the field to lung cancer, non-small-cell lung cancer, colon cancer and fibroblasts, while specifying the LAQ824-type compound. What is the p21 promoter claim?Claim 3 covers regulating the p21 promoter by introducing a formula (I) compound into the environment of a mammalian cell. Claim 4 narrows that claim to three named indole-containing compounds, including LAQ824. This claim is materially different from claim 1. It is directed to a cellular or biological-use method rather than administration to a mammal. Potentially relevant activities could include laboratory research, cell-based screening, mechanistic studies or ex vivo testing, depending on how “introducing ... into the environment of a mammalian cell” is construed. The claim does not expressly require that p21 regulation produce a therapeutic effect. That omission broadens the functional language, but the claim remains exposed to validity issues involving written description, enablement, anticipation and obviousness across the very large formula (I) genus. Which compounds are specifically protected by the patent?Claims 2 and 4 identify three specific compounds:
Claims 6, 8 and 9 focus on the hydroxyethyl-substituted compound corresponding to LAQ824. The claims supplied contain drafting and transcription defects, including inconsistent brackets, a missing dash in “C4 C9,” and differences between “n” and “n1.” Those defects should be evaluated against the issued patent PDF and prosecution record. Claim interpretation normally gives priority to the issued claim text, specification, drawings and prosecution history, not an unverified transcription. How broad is formula (I) in US Patent 7,067,551?Formula (I) covers a large Markush genus. The breadth comes from the cumulative alternatives for R1 through R17, the ring systems, heteroatoms, alkyl and aryl groups, and optional substituents. Key structural featuresThe claim permits variation in:
The terminal N-hydroxyamide is the feature most closely associated with HDAC inhibition. The claims, however, do not expressly recite “histone deacetylase inhibitor” as a structural limitation. The therapeutic claims instead use the broader functional category of proliferative-disorder treatment. What does the claim breadth mean for infringement?A compound can fall within claim 1 only if its full structure maps to the formula (I) limitations. A generic or follow-on compound cannot be assessed by looking solely at its HDAC activity. The relevant analysis requires:
Because claims 6, 8 and 9 are directed to LAQ824 in specified disease settings, they are narrower and easier to map structurally than claim 1. They are also more vulnerable to prior-art and obviousness challenges if LAQ824 or closely related compounds were disclosed before the relevant filing date. What was the technical invention behind the patent?The patent concerns substituted cinnamides designed to regulate cell proliferation. The named compounds are hydroxamic acids, a class that includes several HDAC inhibitors. HDAC inhibition can increase acetylation of histone and non-histone proteins and can affect transcriptional pathways involving p21, a cyclin-dependent kinase inhibitor. The p21 claims connect the chemistry to a biological mechanism. That connection is commercially useful for identifying the intended pharmacology, but it does not convert the patent into a general claim to all HDAC inhibition or all p21-modulating compounds. A competing HDAC inhibitor with a different chemical structure would not infringe merely because it increases p21 expression. When does US Patent 7,067,551 lose exclusivity?The patent issued on June 27, 2006, as US Patent No. 7,067,551. US patent term is generally 20 years from the earliest effective nonprovisional US filing date, subject to patent-term adjustment, patent-term extension and terminal disclaimers. The issue date does not determine expiration. The patent’s practical exclusivity period is therefore tied to its underlying US filing and priority chain, not to 2006. A current status review should distinguish:
No FDA-approved LAQ824 product is identified in the Orange Book, and no FDA patent-term extension is associated with LAQ824. As a result, the patent does not provide an active regulatory exclusivity period for a marketed drug. The relevant enforceability question is the patent’s statutory term and any related family members, not FDA exclusivity. What is the Orange Book status of LAQ824 and US 7,067,551?LAQ824 has no identified FDA-approved reference-listed drug. It was investigated clinically as an HDAC inhibitor but did not become an approved US medicine. Consequences include:
A manufacturer developing LAQ824 today would likely need an independent full NDA pathway unless it could rely on an applicable regulatory mechanism that does not depend on an existing reference-listed product. Were there Paragraph IV challenges or patent litigation?No publicly reported Paragraph IV litigation or settlement agreement is associated with an approved LAQ824 product because LAQ824 does not have an identified Orange Book reference product. The absence of Paragraph IV litigation does not establish that all patent risks are absent. Relevant risks could arise from:
The supplied claims themselves do not identify a formulation, dosage regimen, combination, pharmaceutical composition, manufacturing process or specific crystalline form. What formulation and manufacturing protections exist?US 7,067,551 is principally a method patent. The supplied claims do not expressly cover:
A company could therefore face little direct exposure under this patent from manufacturing or selling a non-LAQ824 HDAC inhibitor, even if the product has similar pharmacology. Exposure would depend on whether the final compound falls within formula (I) and whether the use satisfies the treatment or cell-regulation limitations. Separate process and formulation patents would be more significant for commercial launch planning. Such patents must be reviewed across the relevant US, European and Asian family members. How does this patent compare with competing HDAC-inhibitor patents?
The principal competitive distinction is between a broad early chemical genus and later product-specific estates. A broad genus patent can cover many research compounds but may have limited remaining commercial value after expiration or after the market moves to structurally unrelated HDAC inhibitors. How strong is the patent estate for LAQ824?The patent’s strength is mixed. Strengths
Weaknesses
For a current launch assessment, the most important question is whether any continuation, divisional, reissue or related foreign-family patent remains enforceable. US 7,067,551 alone is unlikely to create a modern regulatory barrier for an LAQ824 program. What licensing and development activity involved LAQ824?LAQ824 was developed as an investigational HDAC inhibitor in the Novartis research and clinical pipeline. Public clinical literature describes LAQ824 as a hydroxamic-acid HDAC inhibitor evaluated in oncology, including hematologic malignancies and solid tumors. No publicly established commercial license or active co-development arrangement creates a current FDA market barrier for LAQ824. Any diligence should separate:
Patent ownership alone does not establish control over clinical data, regulatory submissions or manufacturing know-how. What generic launch risks exist for LAQ824?A generic launch analysis has three scenarios: Scenario 1: Direct LAQ824 developmentThe developer would face the historical patent family, but no Orange Book-listed reference product is available for an ANDA strategy. The practical route would likely involve a full clinical and regulatory development program. Scenario 2: Structurally unrelated HDAC inhibitorA different HDAC inhibitor, such as a benzamide, cyclic peptide or distinct hydroxamate scaffold, would generally avoid literal infringement if its structure is outside formula (I). Similar p21 activity or anticancer activity would not alone establish infringement. Scenario 3: LAQ824 analog or saltAn analog with substitutions covered by formula (I), or a pharmaceutically acceptable salt of LAQ824, could implicate claims 1, 2 and 6. Claims 8 and 9 add disease-specific limitations and may be narrower. A noninfringing-use theory would require careful separation of label language, induced infringement, clinical-trial activity and actual use. What is the geographic scope of the patent landscape?US 7,067,551 has territorial effect only in the United States. Commercial risk requires a family review in at least:
Foreign family members may have different claim scope, prosecution amendments, expiration dates, oppositions and maintenance status. A US patent expiration does not establish freedom to operate in Europe or Asia. For an international LAQ824 program, national-phase patents and later continuations must be reviewed separately. Key Takeaways
FAQs About US Patent 7,067,551 and LAQ824Is LAQ824 the same as panobinostat?No. LAQ824 and panobinostat are different HDAC-inhibitor molecules with different chemical structures and separate patent estates. Does US 7,067,551 claim all HDAC inhibitors?No. The claims cover compounds within formula (I) and specified methods of use. HDAC activity alone is not enough to place a compound within the claims. Can a company sell a different HDAC inhibitor without infringing this patent?Potentially, if the compound is structurally outside formula (I) and the company does not practice a claimed method. Structural and use-specific analysis is required. Does the patent cover LAQ824 salts?Yes. The supplied claims expressly include pharmaceutically acceptable salts of the claimed compounds. Does an expired patent still matter for LAQ824 development?It can remain relevant to historical rights, family analysis, claim interpretation and freedom-to-operate diligence. It does not create a current enforceable barrier after expiration, subject to any related unexpired patent. References
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Drugs Protected by US Patent 7,067,551
| 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 7,067,551
| Country | Patent Number | Estimated Expiration | Supplementary Protection Certificate | SPC Country | SPC Expiration |
|---|---|---|---|---|---|
| European Patent Office | 1318980 | ⤷ Start Trial | CA 2015 00068 | Denmark | ⤷ Start Trial |
| European Patent Office | 1318980 | ⤷ Start Trial | 92890 | Luxembourg | ⤷ Start Trial |
| European Patent Office | 1318980 | ⤷ Start Trial | 15C0086 | France | ⤷ Start Trial |
| European Patent Office | 1318980 | ⤷ Start Trial | 300778 | Netherlands | ⤷ Start Trial |
| European Patent Office | 1318980 | ⤷ Start Trial | 1590070-7 | Sweden | ⤷ Start Trial |
| European Patent Office | 1318980 | ⤷ Start Trial | 122015000098 | Germany | ⤷ Start Trial |
| European Patent Office | 1318980 | ⤷ Start Trial | CR 2015 00068 | Denmark | ⤷ Start Trial |
| >Country | >Patent Number | >Estimated Expiration | >Supplementary Protection Certificate | >SPC Country | >SPC Expiration |
