Details for Patent: 7,897,590
Summary for Patent: 7,897,590
| Title: | Methods to mobilize progenitor/stem cells | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Abstract: | Methods to elevate progenitor and stem cell counts in animal subjects using compounds which bind to the chemokine receptor CXCR4 are disclosed. Preferred embodiments of such compounds are of the formula Z-linker-Z′ (1) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 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: | US11/841,837 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Patent Litigation and PTAB cases: | See patent lawsuits and PTAB cases for patent 7,897,590 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Patent Claim Types: see list of patent claims | Use; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Patent landscape, scope, and claims: | United States Patent 7,897,590: Scope, Claims, Expiration, and Stem-Cell Mobilization Patent LandscapeU.S. Patent No. 7,897,590 protects methods for mobilizing progenitor or stem cells into peripheral blood by administering defined polyamine compounds and then harvesting the mobilized cells. The broadest practical commercial embodiment is plerixafor, also known as AMD3100, administered subcutaneously, often after G-CSF pretreatment. The patent’s core claims cover the treatment-and-harvest procedure rather than the compound itself. The patent issued on March 1, 2011, from an AnorMED-originated patent family later associated with Genzyme and Sanofi. Its nominal U.S. patent term ran to December 24, 2024, based on the family’s 2003 priority date. The patent therefore presents little or no current U.S. blocking risk after expiration, subject to any applicable patent-term adjustment, pediatric extension, or continuing-family rights. It remains important historically because it covered the principal clinical use of plerixafor in hematopoietic stem-cell mobilization. What does U.S. Patent 7,897,590 protect?The patent protects a multi-step method:
Claim 1 is the independent claim and defines the invention through a broad chemical genus. The compound must have the structure:
where:
The claim is therefore a method-of-use claim with chemical limitations. It does not claim every method of harvesting stem cells, every CXCR4 antagonist, or the plerixafor molecule as a standalone composition. Claim architecture
Does U.S. Patent 7,897,590 cover plerixafor?Yes. Claims 5 and 8 are directed to the bis-cyclic-polyamine structure corresponding to plerixafor, also known as AMD3100, when used to mobilize and harvest progenitor or stem cells. Plerixafor is chemically associated with the compound:
The marketed product Mozobil contains plerixafor as the active ingredient and is administered by subcutaneous injection. The approved indication is use in combination with G-CSF to mobilize hematopoietic stem cells into peripheral blood for collection and subsequent autologous transplantation in patients with non-Hodgkin lymphoma or multiple myeloma. The FDA label identifies Sanofi as the sponsor of Mozobil (FDA, 2008). Claim 8 is especially important because it combines:
Claims 23-27 further narrow that embodiment to the acid-addition salt, subcutaneous administration, a stated dose range, and human use. How broad is claim 1?Claim 1 is materially broader than the marketed plerixafor embodiment. It covers two principal chemical branches:
The claim also allows a wide range of linkers. The linker may be:
This structure creates a broad genus around CXCR4-active polyamine compounds, although enforceability depends on the patent’s specification, examples, prosecution history, written-description support, and claim construction. The functional limitation, "in an amount effective to mobilize" cells, is important. A compound falling within the chemical genus would not necessarily infringe unless it is administered in a manner that produces the claimed mobilization result and the cells are harvested. What compounds are protected by the dependent claims?Plerixafor and bicyclam compoundsClaims 5-8 and 19, 23-27 focus on the bicyclam class. The key structural limitations are:
These claims are closely aligned with the clinical use of plerixafor in Mozobil. Aminopyridyl analogueClaims 12 and 13 cover a compound in which G-CSF combinationClaims 18-20 require administration of G-CSF before the claimed compound. This limitation reflects the established clinical protocol in which filgrastim or another G-CSF is administered before plerixafor. The G-CSF limitation narrows the claims but also increases commercial relevance because the approved Mozobil regimen uses G-CSF pretreatment. A protocol using the claimed compound without G-CSF would not infringe claims 18-20, although it could fall within claim 1 or other claims. Macrophage inflammatory proteinClaims 28 and 29 require administration of macrophage inflammatory protein. These claims are narrower and appear less important to the approved commercial product than the G-CSF claims. What are the main infringement elements?A likely infringement analysis for claim 8 would examine whether the accused process includes all of the following:
A manufacturer of plerixafor could face direct method infringement exposure if it performs the claimed treatment protocol. A manufacturer or distributor could face inducement theories if it knowingly encourages healthcare providers to perform the patented method. The commercial risk would turn on the patent’s enforceability and remaining term, the product label, promotional materials, and any carve-out from the approved indication. The patent does not automatically cover every sale of plerixafor. Method claims generally require performance of the claimed steps. A product-only sale, without evidence of the claimed use or inducement, raises a different infringement analysis. When did U.S. Patent 7,897,590 expire?The patent’s nominal expiration date was December 24, 2024, based on the earliest claimed priority date of December 24, 2003 and the standard 20-year patent term under 35 U.S.C. § 154.
A complete legal-status determination requires review of the USPTO Patent Center record for patent-term adjustment and any terminal disclaimer, as well as FDA records for pediatric exclusivity. The patent should not be treated as an active blocking right solely because it remains listed in historical patent databases. Patent expiration does not eliminate other patents in the plerixafor or stem-cell-mobilization family. A generic or follow-on product must be assessed against the entire relevant patent estate, including formulation, manufacturing, crystalline-form, dosing, and method-of-use patents. What was the Orange Book status of U.S. Patent 7,897,590?U.S. Patent 7,897,590 was associated with the Mozobil regulatory patent estate and was relevant to the approved use of plerixafor. Orange Book-listed patents can create an ANDA certification issue under the Hatch-Waxman framework, including Paragraph IV certification where an applicant asserts that a listed patent is invalid, unenforceable, or not infringed (FDA, Approved Drug Products with Therapeutic Equivalence Evaluations). The relevant distinction is:
For plerixafor, the commercial significance of the 7,897,590 listing was greatest before December 2024. After expiration, the patent should no longer block an ANDA on its own. Which patent families were most relevant to plerixafor?The plerixafor landscape included foundational compound patents, clinical-use patents, and later product-specific patents.
The specific scope, expiration, and listing status of each family must be confirmed against the USPTO and FDA records. A patent landscape based only on U.S. Patent 7,897,590 would understate the historical and commercial protection around Mozobil. Were there Paragraph IV challenges and litigation risks?Plerixafor was exposed to the normal ANDA challenge pathway for small-molecule products. A generic applicant seeking approval before expiry of listed patents could file Paragraph IV certifications against relevant Orange Book patents. That filing can trigger patent litigation under 35 U.S.C. § 271(e)(2) and potentially a 30-month stay of approval under 21 U.S.C. § 355(j)(5)(B)(iii). The central risk categories were:
The supplied claim text does not establish whether a particular generic company filed a Paragraph IV certification against U.S. Patent 7,897,590, whether the patent was litigated to judgment, or whether a settlement agreement included a licensed entry date. Those conclusions require docket and FDA records rather than claim analysis alone. How strong was the patent estate?StrengthsThe estate had several commercially useful features:
VulnerabilitiesThe principal vulnerabilities were:
The strongest historical commercial claims were likely the plerixafor-specific claims tied to the approved treatment protocol. The broadest claim was not necessarily the strongest litigation claim because broader chemical genera often present greater validity and construction disputes. How does this patent compare with newer stem-cell mobilization products?Plerixafor competes primarily with G-CSF-based mobilization and newer CXCR4-directed approaches.
Plerixafor is a small molecule, so the principal follow-on pathway is an ANDA, not a biosimilar application. G-CSF competitors are biologics and may involve 351(k) biosimilar applications, interchangeability issues, manufacturing patents, and cell-line or process protection. What generic launch scenarios existed?A generic plerixafor launch historically depended on four variables:
Potential launch routes included:
For U.S. Patent 7,897,590 specifically, expiration substantially reduced the value of a Paragraph IV challenge after December 24, 2024. Remaining risk would have depended on other Orange Book-listed patents, regulatory exclusivity, and any valid patent-term adjustment or extension. What manufacturing and geographic barriers existed?U.S. Patent 7,897,590 does not primarily protect manufacturing. Its claims are directed to therapeutic use. A supplier could therefore avoid this patent’s direct scope by manufacturing the compound outside the United States, although importation, inducement, contributory infringement, regulatory use, and other patent claims could remain relevant. Manufacturing barriers for plerixafor may instead arise from:
Geographic protection is jurisdiction-specific. Expiration of the U.S. patent does not determine the status of corresponding patents in Europe, Japan, Canada, China, or other markets. Foreign family members must be checked separately for national-phase prosecution, opposition outcomes, terminal disclaimers, and local patent-term rules. Did the patent protect a biosimilar product?No. Plerixafor is a chemically synthesized small molecule. The relevant follow-on products are generics submitted through the ANDA pathway. Biosimilar risk applies more directly to G-CSF products such as filgrastim and pegfilgrastim, not to plerixafor itself. Key Takeaways
FAQsDoes U.S. Patent 7,897,590 claim Mozobil itself?No. It claims methods using specified compounds. The plerixafor embodiment is covered when the compound is used for the claimed mobilization and harvesting procedure. Can a generic plerixafor product avoid claim 8?Potentially, but only by avoiding at least one required limitation or prevailing on invalidity or unenforceability. A different active compound would not meet the specific compound limitation in claim 8, but could still implicate claim 1 or another patent family. Does claim 18 require both G-CSF and plerixafor?Yes. Claim 18 depends on claim 1 and requires G-CSF administration before the claimed compound. Claims 19 and 20 apply the same concept to narrower compounds. Is a stem-cell collection center a potential infringer?A center performing the claimed administration and harvesting steps could be exposed to method-claim theories. The analysis depends on the exact protocol, compound, dose, route, timing, and patent term. Does expiration of U.S. Patent 7,897,590 clear all plerixafor patent risk?No. Expiration removes this patent as a standalone barrier. Other patents covering plerixafor, formulations, dosing, manufacturing, or approved uses must be reviewed independently. References
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Drugs Protected by US Patent 7,897,590
| 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 7,897,590
| 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 |
