JUNE 2010 From the Desk of Chairman IPR Biotechnology : Part 8 - 63
Gene duplication or chromosomal duplication or gene amplification is believed to play a major role in
evolution. This view has been current and accepted for over hundred years now. The duplication of a generesults in an additional copy that is free from selective pressure and allows the new copy of the gene tomutate without adversely affecting the organism. This freedom from the deleterious consequence enablethe mutation of novel genes that could virtually enhance the fitness of the organism or code for a new organism.
The 'Special Feature' in the present issue of WISTA:IPR Biotechnology deal with gene duplication, its origin,
selection, fate of duplication events, and their importance, selection, fate of duplication events, and theirimportance. It also describes in brief eleven out of over one thousand patents granted on the subject till date.
Application of biotechnology innovations in the areas of health and agriculture has created new perspectives
and hope for green solution . However, patenting of biotechnology and life science inventions has faced severalhurdles in view of such inventions needing additional criteria apart from the basic criteria of patentability applicableto industrial inventions. Products of biotechnology are either living or non-living. The living products are comprisedof lower life form as bacteria and higher life forms as plants, animals and humans; while the non-living productsinclude proteins and antibodies. Though most of the countries now consider lower life forms and non-livingbiotechnological innovations as patentable, the patenting of higher life forms still remains controversial.
The 'Perspect' in this issue covers patenting life, its various implications and the challenges confronted by it.
Fine Tuning' features protein cohensins, their function, the mechanism of their function, and the central role
these play in meiosis. Other features covered include: Scan Around the Globe; Watch-Out IPR; In Focus, StrategicAlliances, On to Excellence; Clinical Trials; Awards; and Legal Scene.
We welcome comments and suggestions. Dr K V Swaminathan CONTENTS RESEARCH & ANALYSIS TEAM • From the Desk of Chairman[P 2 ] Dr Shelley Lahiri Consultant • Scan Around the Globe: Swine Flue-Breakthrough (Australia); Court Ruling on viagra
Patent (Brazil); China Phormaceuticals and Healthcare Report(China); DNA Testing
Mr B K Wadhawan Director
Patent (Israel); Italy's Pharmaceutical Industry (Italy); Alexion to Launch Soliris®(Japan); Grape Anthacnose (Thailand); Alcohol-Related Brain Defects (USA)
Mr S S Kalra Director
Kibra Protein (USA). [P 3 - 4] • Watch-Out IPR: Amplification Consumables Patent; Anti-Inflammatory Antibody;
Diagonostic Capability in Diabetes; HSV Antigen Licensing; iPSC Patent;Patent for
HealthSport; Patent for Intermezzo Formulation. [P 5 - 6] • Perspective: Patenting Life. [P 7] • In Focus: Alzheimer's Vaccine; Anti-Malarial Drug; Cholesterol Effect on Bone Marrow;
Computational Model for Gene Activity; Controlling Transcription Elongation in
Bacteria; Nano-Scale Cell Probe Temperature-Sensing Proteins. [P 8 - 9] • Strategic Alliances: Agreement Over Treximet Patent; Alliance for InDevR's Virus
technology by WITT.
Counter Patent; Alliance to Improve Drug Discovery; Avecia-Pfizer Agreement; Cancer Vaccine Collaboration;Collaboration on Cancer Screening Tech; Marketing Pact on MRSA Assay; Strategic Alliance for Commercial Strength. [P 10 - 11] Editor : Dr K V Swaminathan Printed and Published by
• On To Excellence: PoyMedix,Inc. [ P 12 ]
• Special Feature: Gene Duplication. [P 13 - 15]
• Clinical Trials: Laevo-Bambuterol Trial; Ventricular Assist System. [P 16]
• Awards: Beike Biotechnology Awarded ISO 9001 Certification; ONRL Small Busi-
ness Award. [P 16]
• Fine Tuning: Protein Cohesine. [P 17]
• Legal Scene: Gemzar Patent; Ifrigement Case Against Boston; IP Advocate Settles
Legal Battle;Johnson & Johnson &Johnson Resolves Patent Litigation; Lower
Court's Ruling on Patent Claims; Novamont Patents Valid; Nycomed's Patent-
Invalid;Sadanta-Infocrossing Lawsuit Takeda Settles Infrigement Lawsuit. [P 18 - 19] VOL 11 ISSUE 12 IPR BIOTECHNOLOGY JUNE 2010
dysfunction drug in June. Pfizer Inc., which holds the
SCAN AROUND THE GLOBE
patent, contends its patent runs until June 2011. (Brazil – Business Week, Apr 26, 2010)China Pharmaceuticals and Healthcare Report Swine Flu-Breakthrough
China Pharmaceuticals and Healthcare Report
In a breakthrough that offers new hope for the
provides industry professionals and strategists,
containment of influenza outbreaks, the Australian
corporate analysts, pharmaceutical associations,
biotechnology company Marinova Pty Ltd has isolated
government departments and regulatory bodies
a natural extract from seaweed which has been
with independent forecasts and competitive
shown to inhibit the H1N1 virus. The extract, known as
intelligence on China’s pharmaceuticals and
Maritech® 926 is a fucoidan compound derived
from the Undaria pinnatifida species of seaweed. In vitro tests performed under contract by the
In February 2010, the authors of the Report
National Institute of Allergy and Infectious Diseases
upgraded Chinas patented drug market forecast
(NIAID), part of the National Institutes of Health
following clarification of the country’s intellectual
(NIH) in the US, have shown that Maritech® 926
property (IP) law. Clear legal definitions of
can inhibit the H1N1 influenza virus at extremely
fundamental terms, such as patented pharmaceuticals
will provide assurances to foreign multinationalslooking to launch their products in the most
Maritech® 926 is a natural polysaccharide
promising emerging pharmaceutical market in
which has immediate market potential in nutritional
the world. Sales of patented drugs in China are
supplements, hand washes and nasal delivery
expected to increase from US$4.51bn in 2009 to
products which target the spread and prevention
US$28.63bn in 2019, representing a compound
Marinova Pty Ltd has extensive research and
(China – Research and Markets, Apr 26, 2010)
manufacturing facilities in Hobart, Tasmania. The
DNA Testing Patent
company is dedicated to creating innovative andchemically consistent extracts from marine plants
for use in medical, nutritional and skin care
healthcare technology leader, has received patent
applications. Using its proprietary solvent-free
protection in the State of Israel for its proprietary
Maritech® process, Marinova has the unique ability
Variation Identification Platform (VIP) DNA
to supply high-purity fucoidan ingredients
testing technology. The Israeli patent extends
which not only meet HACCP, ISO 9001, GMP and
Arrayit’s current patent portfolio.
organic quality requirements, but also comply
Israeli patent empowers Arrayit to develop and
with FDA and European pharmaceutical standards.
commercialise economical diagnostic tests for
(Australia - PR News, May 04, 2010)
important medical conditions including humandiseases. The VIP approach uses microarrays, which
Court Ruling on Viagra Patent
are diagnostic devices that contain thousands of patient
Pfizer registered its first patent on Viagra in
samples printed as microscopic spots on a glass
June 1990, so the 20-year term ends this year. Pfizer
substrate. One VIP microarray can test up
contends the patent was not finalized by the
to 80,000 patient samples simultaneously, using
miniaturization, automation and massively parallelVIP devices to acquire the medical information.
Brazil’s top appeals court has ruled that the
Improved testing speed, accuracy and healthcare
patent on Viagra expires next month in the South
cost reductions are among the benefits of testing
American nation, a year earlier than argued by the
manufacturer. That means other companies canbegin making generic versions of the erectile
(Israel – Arrayit Corporation, Feb 04, 2010)IPR BIOTECHNOLOGY JUNE 2010 Italy’s Pharmaceutical Industry
shows the causes of anthracnose. Isolates ofSphaceloma ampelinum, the anamorph stage of
The pharmaceuticals in Italy,' an industry profile,
Elsinoe ampelina, were collected from various
is an essential resource for top-level data and analysis
regions of Thailand. Nineteen single-conidial isolates
covering the pharmaceuticals industry. It includes
were evaluated for differences in conidial
data on market size and segmentation, plus textual
morphology, DNA patterns and pathogenicity.
and graphical analysis of the key trends and
Pathogenicity analysis using nine grape genotypes
competitive landscape, leading companies and
and five S. ampelinum isolates showed that
‘Wilcox321’ and Illinois547-1 were highly resistant
Italy’s pharmaceuticals market consists of
ethical drugs only and does not include consumer
(Thailand – Wiley Anthracnose, May 05, 2010)
healthcare or animal healthcare. Market values
Alcohol-Related Brain, Defects
have been calculated at ex-factory prices. (Italy – Datamonitor, Apr 26, 2010)
reported that alcohol consumption in early
Alexion to Launch Soliris®
pregnancy increases levels of a little-known lipidcalled ceramide, significantly increasing suicide
Alexion Pharmaceuticals, Inc. and Alexion
among cells critical to skull and brain formation.
Pharma International Sàrl announced that the
launch of Soliris (eculizumab) as a treatment for
as a brain-boosting agent and under study for stroke
patients with PNH in Japan will begin in the third
and traumatic brain injury, may block skull and
brain damage that can result from alcohol
Alexion’s accelerated plans for the launch of
Soliris in Japan are based on recent approval of the
The researchers suspected ceramide, known
price for Soliris(R) (eculizumab) in Japan by an
to induce cell death and be activated by alcohol, as
advisory committee of Japan’s Ministry of Health,
a culprit in the damage. They found high levels of
ceramide both in mouse cells and pregnant mice
positions the MHLW to list Soliris for reimbursement
exposed to alcohol along with a five-fold increase in
through Japan’s National Health Insurance (NHI)
apoptotic, or dying cells. There is a clear correlation.
system. Following this listing, Alexion will begin
Follow up studies include determining whether
discussions with individual hospital treatment
CDP-choline can rescue cells after the fact or
centers to place Soliris on their formularies, a
whether it or a similar supplement would need to
process expected to take an additional one to
(USA – ScienceDaily, Jun 01, 2010)
PNH is an ultra-rare, debilitating and life-
Kibra Protein
threatening blood disorder defined by chronic redblood cell destruction, or hemolysis. Soliris, a first-
A group of scientists at Johns Hopkins and
in-class terminal complement inhibitor, is the first
Florida State University, worked on a protein, namedKibra, which is linked to a relay of chemicals
therapy approved in Japan for the treatment of
responsible for shaping and sizing tissue growth by
patients with PNH. Soliris received orphan drug
coordinating control of cell proliferation and death.
designation from the MHLW in 2009 and wasapproved for marketing under the Ministry’s
The scientists manipulated Kibra’s role in a
priority review process in April 2010.
signaling network called the Hippo pathway, whichconsists of several proteins working together as a
(Japan – Business wire, Jun 02, 2010)
braking system. Counterparts of the components
Grape Anthacnose
in the Hippo pathway in flies are found in most
The grape cultivators in Thailand are mostly
animals, suggesting that this pathway may act as a“global regulator” of organ size control.
victim of anthracnose disease. Anthracnose is oneof the major diseases. Genetic diversity and
(USA– Johns Hopkins Medical Institutions, Mar
pathogenicity analysis of Sphaceloma ampelinum
IPR BIOTECHNOLOGY JUNE 2010
The patent also includes claims that relate to
WATCH-OUT IPR
methods of treatment of Type 2 diabetes with highaffinity IL-1 beta antibodies in conjunction withadditional agents. Amplification Consumables Patent
A second patent covers methods of treating
Enigma Diagnostics Limited, the decentralised
IL-1 related inflammatory diseases, including
and point-of-care molecular diagnostics company,
rheumatoid arthritis and osteoarthritis, with XOMA
has been granted with US Patent No. 7,659,096.
052 and other antibodies and antibody fragments
The claims cover the use of amplification
with similar binding properties for human
consumables in several current real-time and end
point PCR instruments. The consumables incorporatea thermally conducting layer and reaction wells in
The patents expire in 2027 (US 7,695,718) and
combination with a reaction mixture and a blocking
2026 (US 7,695,717), respectively. With these
agent. Enigma Diagnostics Ltd is the exclusive
patents, the intellectual property portfolio for
licensee of this patent from the UK Defence
XOMA 052 includes four issued patents in the US
This is the most recent patent to issue in
Enigma’s expanding portfolio of over 300 patents
Diagnostic Capability in Diabetes
and patent applications. This portfolio includespatents relating to intelligent sample preparation
The stimulation and modeling company Entelos,
consumables and novel amplification technologies
Inc. has been granted US patent (No. 7,654,955)
for current and ‘next generation’ molecular
entitled “Apparatus and Methods for Assessing
diagnostic systems and sample preparation devices.
Metabolic Substrate Utilization” to the company.
Enigma continues to expand its worldwide licensing
These methods further strengthen the Entelos®;
Metabolism PhysioLab®; platform and leverage
applicable and important IP portfolio which now
insights about human physiology that can lead to
improved diagnosis, clinical testing, and personalizedtreatment across a highly variable patient population. (Enigma Diagnostics Limited, Apr 19, 2010)
This method may also be used to improve the
Anti-Inflammatory Antibody
selection of patients for clinical trials of metabolictherapies and diagnostics.
development of therapeutic antibodies, announced
The newly patented method extends the ability of
that the US Patent and Trademark Office has
the Entelos Metabolism PhysioLab platform to
issued two new patents that significantly expand
explore, simulate, and predict differences in fuel
the company’s intellectual property portfolio relating
utilization (e.g., fat, carbohydrate, and protein
to its anti-inflammatory antibody, XOMA 052,
metabolism) between patients, a key predictor in
that targets interleukin-1 beta (IL-1 beta). One of
the patents covers methods of treating Type 2
The Entelos Metabolism PhysioLab platform is
diabetes with high affinity antibodies and antibody
an innovative, predictive computer model that
fragments that bind to IL-1 beta, including XOMA
represents the underlying physiology of metabolic
052. The high affinity antibodies, such as XOMA
disorders such as obesity and diabetes and uses
052, offer potential advantages in Type 2 diabetes.
simulated “virtual patients” to help predict responses.
Additional claims in this patent relate to methods
These virtual patients enable new therapies and
of reducing or preventing complications or conditions
interventions to be efficiently “flight tested” in a
associated with Type 2 diabetes, including retinopathy,
computer before expensive clinical testing in humans,
renal failure, wound healing and cardiovascular
reducing the risk and time to market for novel drugs.
disease, with these high affinity IL-1 beta antibodies. IPR BIOTECHNOLOGY JUNE 2010 HSV Antigen Licensing
nutritional supplement and over-the-counterdrug products.
discovery and development company, announced
The Mexican Institute of Industrial Property
that it has licensed an extensive patent estate from
has approved HealthSport’s patent application
the University of Washington and the Fred
relating to its bi-layer edible film strip technology.
The patent issuance opens the door for sales
pending and issued patents related to herpes
and distribution into Mexico, and is expected to
simplex virus (HSV) type 2 antigens. The addition of
accelerate HealthSport’s move into the international
these patents complements the novel antigens
marketplace. The Mexican market for OTC drugs
discovered by Genocea’s unique and proprietary
is larger than that of China and is a natural next
antigen discovery technology. The combination of
step into international sales and distribution of
Genocea’s novel intellectual property with the patent
estate from the University of Washington providesthe company with a broad compendium of HSV
strengthens HealthSports’s commitment to developproducts based on its next-generation drug
(Genocea Biosciences, Feb 24, 2010)iPSC Patent
Fate Therapeutics, Inc. received a Notice of
Patent for Itermezzo Formuation
Allowance from the United States Patent andTrademark Office for US Patent Application
Transcept Pharmaceuticals, Inc. is a specialty
Number 10/997,146 entitled “Methods for
pharmaceutical company focused on the development
Reprogramming Somatic Cells.” Upon issuance, the
and commercialization of proprietary products
patent will cover foundational induced pluripotent
that address important therapeutic needs in neuro
stem cell (iPSC) technology for identifying agents
science. The most advanced Transcept product
that enable the reprogramming of human somatic
candidate is Intermezzo(R) (zolpidem tartrate
cells, including pluripotency genes, small molecules
sublingual tablet), for which a New Drug Application
(NDA) was submitted to the US Food and DrugAdministration (FDA) in September 2008 seeking
approval as a prescription sleep aid for use in the
Whitehead Institute for Biomedical Research and
middle of the night at the time a patient awakens and
scientific founder of Fate Therapeutics, has a
priority date of November 26, 2003 and is believed
Transcept Pharmaceuticals, Inc. announced
to be the earliest art that describes broad methods
that the first patent covering the composition and
and key agents to reprogramme human somatic cells
method of use of Intermezzo(R) (zolpidem tartrate
to a pluripotent state. Fate Therapeutics holds an
sublingual tablet), has been issued by the United
exclusive license to the application in commercial
fields, including for drug discovery and therapeuticpurposes.
Transcept announced the issuance of a Notice
of Allowance for claims under the application for
claims under this patent, US Patent Application Serial
earliest allowed claims in the US for iPSC technology.
No.11/060,641, on December 14, 2009. The newly
(Fate Therapeutics, Inc, Feb 04, 2010)
issued patent, US Patent No. 7,658,945, titled
Patent for HealthSport
“Compositions for Delivering Hypnotic AgentsAcross the Oral Mucosa and Methods of Use
HealthSport, Inc. is a fully integrated developer,
Thereof,” will expire no earlier than February 2025.
manufacturer and marketer of unique andproprietary branded and private label edible film strip
(Transcept Pharmaceuticals, Inc, Feb 09, 2010)IPR BIOTECHNOLOGY JUNE 2010
Besides the above, Stan Allen and the triploid
PERSPECTIVE
Pacific Oyster, Craig Venter and ExpressedSequence Tags (EST), Myriad’s patent claims on
PATENTING LIFE
the BRCA genes, and lots of interesting minutiaeare also some of major events. Introduction Patenting of Human Genetic Material
Thanyani reported about a patent application by a
renowned geneticist, Dr Craig Venter (first person
Representatives during 2007 to prohibit the
to decode the human genome). In December 2007,
patenting of human genetic material.
the scientist filed a patent application (US20070264688) in respect of synthetic bacterium,
Application of the Biotech Directive
including a synthetic genome which is copy, with
According to the Biotech Directive, the human
only few changes, of the genetic sequence of a
body, at the various stages of development, and
natural bacterium Mycoplasma genitalium. Cases
the simple discovery of one of its elements, including
like this illustrate the fact that patenting ofbiotechnology and life science inventions do not
the partial sequence of a gene without an asserted
always fit easily into legislation originally developed
utility, cannot constitute patentable inventions.
to protect industrial inventions while technology
However, a nature identical synthetic element (or
gene) isolated from the human body could bepatentable, as long as the utility is disclosed.
Prof Daniel Kevles reviewed the history of
patenting “life and its pasts” in a recent talk at Duke
Human Embryoic Stem (hES) Cells
Law School that talk provided an overview of themajor events, that have shaped our current
The European Group on Ethics in Science and
intellectual property regime. Application of
New Technology give the patentable importance only
biotechnology innovations in areas such as health
to the stem cell lines not on the modifed stem cells.
and agriculture have opened new perspectives,
Directive differently. Austria and Ireland prohibit
Earlier Perception of Organism
stem cell research entirely. Germany and Italyprohibit derivation of hES cells, but scientists may
Prior to 1980, living organisms were deemed
import them for research. The UK and EPO patent
a part of nature and therefore, not patentable. Ananda Chakrabarty challenged the orthodox view,
offices grant patents relating to human embryonic
by finding that genetically modified bacteria (i.e.
pluripotent (limited development potential) stem
oil-slick eating bacteria) were patentable. He had
cells because they do not have the potential to
modified bacteria to create oil dissolving
develop into an entire human body, unlike totipotent
bioengineered microbes. The court stated that as
cells (capable of developing into differentiated cells),
long as sufficient input by mankind was involved
the patenting of which is not allowed.
in the invention, the subject matter was patentable. Conclusion
(Ironically, because of safety and environmentalconcerns the invention was never commercialised).
According to At Van Rooy and Simon Thanyani,
Most countries now also consider lower life
inventions in relatively new fields of life sciences,
such as metabolomics (the systematic study of thechemical fingerprints that various cellular metabolic
After patenting of lower forms was accepted,
processes leave behind), are constantly pushing
scientists steped on towards the higher life forms.
the boundaries of technology and patent law. The
PhilipLeder of Harvard University filed a patentapplication for the Onco-mouse which had a
effective commercialisation of these inventions
susceptibility to contracting cancer, useful in cancer
depends in part on exclusive patent rights
research. The application was initially rejected in
remunerating the patentee for its investment.
Europe but later granted (1992) on the basis that the
Patent laws internationally should adapt to
European Patent Office (EPO) sought to balance
advancements in technology and specifically in
the public’s interest in alleviating cancer. IPR BIOTECHNOLOGY JUNE 2010
cells move from the bone marrow to peripheral,
circulating blood. Sometime cholesterol may beresponsible for acute leukaemia as cholesterolempties cells from the bone marrow microenvionment
Alzheimer’s Vaccine
by which it may create more space for malignant
AFFiRiS AG’s Alzheimer’s vaccine AD02 has
leukaemia cells to come into the bone marrow.
been progressed to multicentre Phase II clinicaltesting in Austria and five other European countries.
During the past year the safety and tolerability of
implications for transplants and bone marrow
the vaccine was confirmed; now the focus is on
its efficacy. Indeed the start of this efficacy study
(Instituto Gulbenkian de Ciencia, May 11, 2010)
comes only five months after the completion ofthe corresponding Phase I study. The company is
Computational Model for Gene Activity
active in several disease areas and is currentlydeveloping a total of twelve prospective products
The human genome contains instructions for
in all stages of the development pipeline up to
making all the cells in our body. An individual cell’s
make-up (e.g. muscle or blood) depends on howthese instructions are read. This is controlled by gene
Anti-Malarial Drugs
mechanisms holds a key to greatly improvingour understanding of biological systems.
The scientists of the University at Reading’s
Department of Chemistry, aim to make anti-malarial
One important regulatory mechanism is based
drugs more affordable in third world countries
on genes that actively promote or repress the activity
where more than 1.5 million people die of the disease
of other genes. The new research addresses the
every year. University’s new Chemical Analysis
problem of identifying the targets these regulator
Facility (CAF) facilitates this research. Using the
CAF’s facilities, the scientists produce artemisininfrom Chinese wormwood plant. It is an antimalarial
The new method, presented in Proceedings of
drug effective against quinine-resistant malaria. This
the National Academy of Sciences (PNAS), is based
fundamental research will help pharmaceutical
on careful modelling of time series measurements of
companies to mass-produce artemisinin in a more
gene activity. It combines a simple biochemical
model of the cell with probabilistic modelling to
deal with incomplete and uncertain measurements. Cholesterol Effect Bone Marrow
Researchers from the University of Manchester
(UK), Aalto University (Finland) and the European
Progenitors of blood cells develop in the bone
(Germany), say the new method identifies targets
microenvironments, called niches, before exiting into
peripheral blood in a highly controlled fashion. Itis well established that external stimuli affect these
(University of Manchester, Apr 26, 2010)
niches and in turn the production of mature blood
Controlling Transcription Elongation in
cells. For example, patients with high cholesterol
Bacteria
levels (hypercholesterolemia) have more peripheralblood cells and increased platelet levels
(thrombocytosis). Researchers in Portugal show
Center have discovered and characterized a general
that high levels of cholesterol can affect the
mechanism that controls transcription elongation
microenvironment of the bone marrow, so that more
in bacteria. The mechanism, relies on physical
IPR BIOTECHNOLOGY JUNE 2010
cooperation between a moving ribosome and RNA
that are controlled by pectoral muscles, or deep
polymerase (RNAP) that allows for a precise
brain implants used for treating depression.
adjustment of the transcriptional yield in response totranslational needs. The study could lead to the
(Stanford University, Apr 02, 2010)
development of new ways to interfere with bacterial
Temperature-Sensing Proteins
gene expression and serve as a new target forantimicrobial therapy.
specialized sensory neurons to detect temperature,
pressure, and other physical stimuli on the skin. These
transcription rate depends on codon usage, or the
neurons are located in the spinal column and are
frequency of rare codons which modulates the speed
connected to the skin and organs through long
of a ribosome. Finally, the authors illustrate that it is
the speed of the ribosome that determines the speedof RNAP, whereby the acceleration or deceleration
On the surface of these axons are ion channel
of a ribosome by chemical or genetic manipulation
(pore-forming) proteins, which span the axon’s
leads to corresponding changes in RNAP speed.
membrane, connecting the inside with the outside. Some of these ion channels act like temperature
The implications of the study are important
receptors or “molecular thermometers” by opening
because it could lead to the development of novel
and closing according to the temperature. At a
ways to disrupt gene expression and the creation of
particular temperature, the receptors open. This
new antimicrobial therapies. Not only does this
allows an influx of ions into the neuronal processes,
cooperation mechanism save energy by limiting any
and this electrical signal is relayed through the
excessive transcripts that cannot be translated in a
timely manner, but it also prevents prematuretranscription termination by Rho factor, ensuring
Scientists at the Scripps Research Institute and
continuous coupling between transcription and
the Genomics Institute of the Novartis Research
translation. Thus, bacteria rely on macromolecule
Foundation (GNF) have shed new light on the
trafficking and cooperation, a fundamentally novel
molecular mechanism that enables us to sense
mechanism, to finely control expression of each
temperature, such as the heat from a sizzling stove.
individual gene in response to nutrient availability
In addition to contributing to our knowledge of basic
biology, the findings could one day lead to newtherapies for conditions such as acute or chronic
(NYU Langone Medical Center, Apr 23, 2010)Nano-Scale Cell Probe
To better understand temperature sensation,
The inner electrical activity of individual cells
the team focused on a protein called TRPV1, which
is eavesdropped by means of nanotechnology.
is a member of a small family of proteins known to
For the first time, researchers have created a way
enable temperature sensation, and is involved in
to implant an inorganic device into a cell wall
inflammation and the communication of pain to the
without damaging it. A nanometer-scale probe
brain. After producing thousands of mutants of this
designed to slip into a cell wall and fuse with it could
protein, the scientists were able to identify a region
offer researchers of extended eavesdropping on
of the protein that enabled temperature sensitivity
the inner electrical activity of individual cells. The
and to detail some of the molecular mechanisms at
key design feature of the probe is that it mimics
natural gateways in the cell membrane. With
The findings could lead to the development of
modification, the probe may serve as a conduit for
novel therapies for conditions such as acute
inserting medication into a cells heavily defended
interior. It also provides an improved method ofattaching neural prosthetics, such as artificial arms
(Scripps Research Institute, Apr 24, 2010)IPR BIOTECHNOLOGY JUNE 2010 Alliance to Improve Drug Discovery STRATEGIC ALLIANCES
AB SCIEX, a global leader in life science
analytical technologies, announced that it
Agreement over Treximet Patent
has collaborated with the University of Geneva’s
Mass Spectrometry Centre to create new workflows
agreement with Teva Pharmaceuticals USA, Inc.
and analytical strategies intended to significantly
(Teva) to resolve a US patent infringement suit
improve drug discovery and development. This
related to Teva’s filing of an Abbreviated New
collaboration is focused on developing specific
applications for use with a groundbreaking platform
and Drug Administration (FDA) to market a generic
that will be the life science industry’s first mass
version of Treximet® (sumatriptan/naproxen
spectrometry system to combine both qualitative and
sodium) marketed by POZEN’s exclusive US
quantitative analysis at high resolution and high
licensee, GlaxoSmithKline. Under the terms of the
settlement agreement, Teva will be dismissed
Accurate mass measurement allows the elemental
without prejudice from the consolidated litigation
composition of a molecule to be determined, which
currently pending in the United States District
is used within the life science industry to discover
Court for the Eastern District of Texas against
and identify compounds. AB SCIEX is uniquely
Teva, Par Pharmaceutical, Inc, Alphapharm Pty
combining qualitative and quantitative analysis with
Ltd., and Dr Reddy’s Laboratories, Inc, but will
high resolution, speed and high sensitivity to greatly
agree to be bound by the outcome of such litigation
improve the quality and timeliness of the data
or any resulting settlements with third parties.
pharmaceutical companies use to make decisionsabout drug discovery and development.
The University of Geneva’s Mass Spectrometry
Alliance for InDevR’s Virus Counter
Centre, whose scientists are among the world’s
InDevR, developer of advanced life science
leading experts in mass spectrometry-based
products, teamed up with Sales Partnerships Inc.
pharmaceutical applications, is applying this
for its new Virus Counter product line.
innovative technology for metabolite identification. Metabolite identification is a critical application for
The Virus Counter is a unique bio-analytical tool
studying the efficacy and safety of new chemical
that enables scientists to measure virus particle
entities in the drug discovery and development
concentration within minutes, which is 200 times
pipeline, ranging from early drug discovery to
faster than the most commonly used biological
method and 1000 times less expensive than the
standard physical method. The unprecedentedefficiency and accuracy of virus quantification with
Avecia-Pfizer Agreement
the Virus Counter is anticipated to dramatically
Avecia Biotechnology, Inc., a leading provider
accelerate vaccine and antiviral therapeutic research
of drug development and manufacturing services
for oligonucleotide therapeutics, has reached
Sales Partnerships (Inc) is a leading provider
agreement with Pfizer Inc. regarding the commercial
of outsourced sales services in North America. SPI,
the winner of the 2009-2010 American Business
(pegaptanib sodium injection), marketed in the EU
Awards as the top sales firm in America, continues
by Pfizer for the treatment of wet age-related
The agreement includes technology transfer,
The alliance expands sales capabilities of the
process validation and commercial supply of a key
(Avecia Biotechnology, Inc, Apr 26, 2010)IPR BIOTECHNOLOGY JUNE 2010 Cancer Vaccine Collaboration
applied for funding of the collaboration by the Israel
China Bi-national fund and received initial approval.
immunomodulators to treat cancer and viral
According to CEO of Zetiq Technologies, the
diseases, announced that it has established a
collaboration agreement further demonstrates Zetiq’s
strategic collaboration with Japan’s National
ability to commercialize its CellDetect technology.
Cancer Research Center (NCRC) to evaluate
next-generation peptide-based cancer vaccines. Clinical research will be conducted at NCRC, and
Marketing Pact on MRSA Assay
IRX Therapeutics will provide its proprietary
Molecular Detection Inc. (MDI), a company
IRX-2 immunomodulatory regimen, clinical trial
developing Detect-Ready(TM) assays designed to
design and technical support. This is the first
increase the speed and accuracy of infectious disease
collaboration of its kind between the NCRC and a
diagnosis, and Inverness Medical Deutschland GmbH
announced that they have entered into an exclusive
NCRC, one of Japan’s pre-eminent cancer
distribution agreement for MDI’s Detect-Ready
treatment and research centers, performed a
MRSA assay in the key European markets of
rigorous, global search and evaluation of
Germany, Austria and Switzerland. The companies
immunomodulators with high potential to enhance
also announced that the Detect-Ready MRSA assay
immune responses to a Wilms’ tumor gene (WT1)
is available to customers in these countries. The
peptide-based cancer vaccine. WT1 is expressed
Detect-Ready MRSA assay offers healthcare
at high levels in hematologic malignancies and also
providers a high-performance MRSA screening
in various types of solid tumors. IRX Therapeutics’
test with an unmatched combination of accuracy,
IRX-2, a cell-derived biologic that has been
speed, flexibility and cost-effectiveness. Inverness
shown experimentally to be a broad spectrum
Medical Deutschland, which is a leading distributor
and potent activator of immune cells, was selected
of quality medical diagnostic products in these
markets, is a subsidiary of Inverness MedicalInnovations, Inc., a global market leader in point-
According to CEO of IRX Therapeutics, this
collaboration is one of the most significantmilestones achieved in the development of IRX-2.
received CE mark certification for sales in the
Collaboration on Cancer Sereening Tech (Molecular Detection Inc, Mar 26, 2010)
Bio-Light's subsidiary zetic Technology and
Strategic Alliance for Commercial Strength
biomics Biotechnologies of China, have signed a
Percorso Life Sciences, LLC (PLS) announced
collaboratrion agreement, which will take place in
a strategic alliance with Capital Biotechnology
two stages. During the first stage Biomics
Ventures, LLC (CVB) to strengthen its commercial
Biotechnologies will be responsible for preparing
reach in the mid-Atlantic region. PLS specializes
for clinical trials and for the registration and
in providing solutions for the life science organizations
regulatory approval process with the SFDA, the
seeking to enter or further strengthen their commercial
medical regulatory authority in China. According to
focus in the North American market. Percorso
the agreement, Zetiq will supply Biomics with an
actively partners with its clients to develop and
exclusive knowledge and patent license of the
execute innovative business and channel strategies
product in China, so as to enable Biomics to hold clinical
trials and obtain registration and regulatory approval.
According to the President and CEO of CBV this
Upon successful completion of the regulatory
strategic alliance enables CBV to strengthen Percorso
approval, the second stage will ensue, whereby Biomics
Life Sciences’ commercial scope in the mid-
will be granted exclusive rights to market and
distribute the product in China. The two sides have
IPR BIOTECHNOLOGY JUNE 2010
This methodology enables the design of small
ON TO EXCELLENCE
amphiphilic polymers or oligomers, taking into accountbackbone structures, side-chain architectures andsolvent effects, and improves the likelihood of
PolyMedix, Inc.
synthesizing compounds with desired properties. Inception
the design of PolyMedix’s defensin mimetic
antibiotic compounds, which represent a new class
biotechnology company, was founded in 2002. It
of antibiotic drugs and antimicrobial biomaterials
is a developer of biomimetics (protein-mimicking
that are believed to work in such a way that
polymers and compounds comprised of small
makes bacterial resistance unlikely to develop.
molecules), as well as other first-in-class therapies
The company’s two leading defensin-mimetic
for lethal, acute disorders via a proprietary drug
candidates have both completed Phase 1B clinical
design technology. The company focuses on
trials and Phase 2 is slated for this year:
developing treatments for some of the debilitatingand life threatening infectious diseases, and
acute cardiovascular disorders with significanttherapeutic, as well as commercial potential.
PMX-30063 antibiotic that mimics a defenseprotein from the host immune system
Products
PolyCides™ are a family of antimicrobial
technologies: DeNovo Compound Design, Coarse
Grain Modeling, Transmembrane ProteinReceptor Solubilization. It has a comprehensive
The overarching goal of the R&D effort of the
computational platform which possesses a wide
company will focus on creating antimicrobial sutures
range of capabilities from generating proprietary
with full-spectrum control capability for the sort of
crystal target structures of transmembrane-bound
pathogenic agents typical of surgical site infections
protein receptors to novel in silico de novo drug
(SSIs), and will also negate much of the potential
design of biomimetics: small molecule compounds
for bacteria to develop a resistance due to the
that mimic the activity of proteins.
unique biomimetic functionality of the PolyCidepolymer materials.
The company has recived patent protection for
certain exclusively licensed intellectual property by
SSIs are the number three cause of hospital-
the issuance to the University of Pennsylvania a US
acquired infections, often leading to serious
patent, No. 7,590,517, entitled “Methods, Systems,
complications and even death. Because 60% of
and Computer Program Products for Computational
SSIs are at the incision site, such antimicrobial
Design of Amphiphilic Polymers.” This patent
sutures with robust characteristics may go a long
claims the underlying process and implementation
way toward solving this problem in one fell swoop.
of two proprietary computational methodologies:PACE(TM) (Proteomic Assisted Computational
Business Strategy
Engine) and GOLDYN(TM) (Global Optimizationof Long-time Dynamics force field), useful for the de
PolyMedix has a combination of advanced anti-
novo design of small molecule mimetics. It relates to
infective and heptagonist lead product development
the identification of stable conformations of
programs, and a computational drug design
polymers and polymer fragments (oligomers) by
technology platform that is capable of generating
computing force fields for the target compounds, and
new products that can create a sustainable product
then predicting their conformations using molecular
pipeline. Havaing many products could provide several
dynamics and configurational-biased simulations.
ways to generate revenues and minimize risk. IPR BIOTECHNOLOGY JUNE 2010
But as detailed functional studies have revealed
SPECIAL FEATURE
the internal structure of some cis-regulatory modules,it is less clear whether much of the sequence lengththat is included in the relatively conserved sequences
GENE DUPLICATION
must be located between, and not within, the known
Introduction
transcription factor target sites. It is unlikely that
base pairs located between the transcription factor
and eukaryotes reflects the phenotypic version as
target sites of cis-regulatory modules have sequence
it affects the physiological mechanisms.
dependent function, and the mechanism thatconstrains evolutionary change within cis-regulatory
to consist of repeated sequences. Such sequencesinclude noncoding DNA and also functional genes,
Origin of Gene Duplications
as exemplified by the ubiquity of multigene families.
Gene duplication can involve large or small
Multigene families consist of groups of similar genes
regions of the genome. At one extreme, an entire
that have arisen by duplication from a common
genome can be duplicated. Several mechanisms can
ancestral gene and that generally retain similar
cause this to happen. Sometimes the paired
functions. One of the best-known examples is the
chromosomes fail to divide during meiosis,
globin gene family. Around 600 million years ago,
producing gametes with a full diploid complement of
a duplication from an ancestral globin gene was
chromosomes. Instead of two haploid gametes
followed by divergence into genes encoding two
fusing to restore the normal diploid number of
types of functional protein: myoglobin, involved in
chromosomes, two diploid gametes occasionally
oxygen storage in muscles, and hemoglobin,
fuse to produce an offspring with twice the
responsible for oxygen transport in the blood.
number of normal chromosomes. This phenomenon
Gene Families
is called autopolyploidy. A more commonpolyploidization event, allopolyploidy, involves
hybridization between related species. If the
important in all eukaryotes. About half of these
analogous chromosomes of the two species are
gene familes have more than five members.
somewhat dissimilar, they may not pair properly,
Similarly, around 40 percent of the ∼35,000 known
resulting in a doubling of the chromosome number
or predicted proteins encoded by the human
genome are encoded by genes belonging to genefamilies. A remarkable feature of some gene families
is that even those with many thousands of members
homologous recombination, a retrotranspostionevent, or duplication of entire chromosome leads
may show a high level of nucleotide sequence
to the duplication of a region of DNA containing a
conservaion. However, the various copies generally
gene. The significance of this process for evolutionary
biology is that, unlike a single functional gene, which
Whole genome analysis has demonstrated that
is usually subject to purifying selection and thus
the most important genes utilized in development
has a slowed mutation rate, one copy of a duplicate
are all shared across Bilateria. These genes are the
set of genes is often freed from selective pressure,
genes encoding transcriptional factors and
allowing it to freely mutate. This is because with
co-factors and elements of signaling systems.
two copies of a gene present, mutations in just one
Differences in the repertoire of these genes, or of
copy of the gene often have no deleterious effect
genomically encoded protein domains, cannot
on the organism; thus, the second copy to “explore”
account for the differences in body plan amongst
the sequence space by mutating randomly. The
bilaterian animals, rather the causal explanation
duplicate gene may either (a) acquire mutations
for particular developmental pathways lies
that lead to a gene with a novel function or (b)
in the regulatory connections programmed in
acquire deleterious mutations and become a
IPR BIOTECHNOLOGY JUNE 2010
For over100 years, gene duplication is believed
device therefor and the like. In another aspect, the
to play a major role in evolution. Susumu Ohno is one of
present invention is related to a method for expressing
the most famous developers of this theory in his classical
a protein of interest instead of a native protein.
book “Evolution by gene duplication” (1970). Somehave argued the gene duplication is the most important
On 25th May 2010 another Japanese scientists
evolutionary force since the emergence of the
team, Kadowaki, et al were awarded the US
patent (No. 7,723,569), on ‘Method for producingubiquinone-10 in plant’. The invention relates to a
method of producing ubiquinone-10 using a plant,
uncommon. It is retrodicted that the entire yeast
a transgenic plant for use in the production method,
genome underwent duplication about 100 million
and an expression cassette for use in the
years ago. Plants are the most prolific genome
production of the transgenic plant. Ubiquinone is a
component of the electron transfer system and isa compound which has a quinone backbone with
an isoprenoid (a naturally-occurring organic
duplication event are called paralogs. Paralogs
usually code for proteins with a different function
diphosphate (IPP) having 5 carbon atoms).
and/or structure. This is different from orthologous
Ubiquinone is a biological component as a coenzyme.
gene, which code for proteins with similar functions
In animal and plants, it plays a physiological and
but exist in different species. Orthologs are created
biochemical important role. Vitamin-like substance is
from a speciation event. It is important (but often
known as an antioxidant substance. Therefore,
hard) to differentiate between paralogs and orthologs
according to the demand for a method of enhancing
production of qubiquinone-10 using a transferred
Genomic Microarrays Detect Duplications
plant, the present invention was launched.
Technologies such as genomic microarrays, also
On 25th May 2010, US scientist won the US
called array comparative genomic hybridization
patent (No. 7,723,298) on ‘Cytokine receptor’. In the
(array CGH), are used to detect chromosomal
invention novel methods are disclosed for forming
abnormalities, such as microduplications, in a high
heterodimeric receptor complex with IL-28R and
throughput fashion from genomic DNA samples.
CRF2-4. Ligand-binding receptor polypeptides
In particular, DNA microarray technology can
can be used to block ligand activity in vitro and in
simultaneously monitor the expression levels of
vivo. The invention also includes methods for
thousands of genes across many treatments or
experimental conditions, greatly facilitating theevolutionary studies of gene regulation after gene
Davidson, et al of USA were awarded with the
US patent (No. 7,720,614) on May 18, 2010 on‘Method for identification of cis-regulatory modules
Patent Scenario
via computational analysis of single polynucleotidepolymorphisms (SNPs) and insertions/deletions
(indels)’. The invention relates generally to
and seventy seven (1077) US patents. Some of the
gene regulatory networks and more specifically to
significant patents are mentioned below:-
identifying genomic sequences which function as
Japanese scientist Kuroda won the US patent
(No. 7,728,191) on June 01, 2010 entitled ‘Nucleicacid for reducing protein content in rice seed’. More
US patent (No. 7,711,497) on ‘Method of
specifically, the present invention is related to a
identifying calcium-binding sites in gamma-crystallin
method for reducing expression of a storage protein
useful for management of cataract’ was granted to
and for efficiently expressing a foreign protein, and an
Yogendra Sharma et al of India. The present
antisense construct, RNAi construct, composition,
invention relates to a method of identifying calcium
IPR BIOTECHNOLOGY JUNE 2010
binding sites in gamma-crystallin useful in calcium-
On January 19, 2010 Echeverri, et al got the
based homeostasis for the management of cataract. The
US patent (No. 7,648,827) on ‘Use of eukaryotic
said method comprises steps of isolating gamma-
genes affecting cell cycle control or cell cycle
crystallin from eye lens, studying binding of
progression for diagnosis and treatment of
calcium to the isolated protein by both direct
proliferative diseases’. The invention relates to the
and indirect methods, identifying Greek key
significant functional role of several C. elegans
motif as calcium-binding sites of the protein
genes and of their corresponding gene products
gamma-crystallin with the said protein binding
in cell cycle progression during cell division that
4-mol eq of calcium having dissociation constant
could be identified by means of RNA-mediated
interference (RNAi) and to the identification andisolation of functional orthologs of said genes
US scientist Siegel, Donald L, was awarded the
including all biologically functional derivatives
US patent (No. 7,709,219) on May 4, 2010, on
thereof. In particular, the invention relates to the use
‘Compositions and methods for detection of antibody
of small interfering RNAs derived from said genes
binding to cells’. The field of invention is generation
of binding proteins. The invention includes Rh(D)binding proteins, including antibodies, and DNA
The US patent (No. 7,642,345) was awarded
encoding such proteins. Methods of generating such
to Presnell, Scott R et al on January 5, 2010, entitled
proteins and DNAs are also included.
‘Polynucleotides encoding human cytokine receptor’. The invention relates generally to a new protein
On April 20, 2010, US scientists Johnson, et al
expressed by human cells. In particular, the
were awarded with US patent (No. 7,700,100) on
invention relates to a novel gene that encodes a
‘Fc.gamma.RIIB fusion proteins and compositions
receptor, designated as “Zcytor16,” and to nucleic
thereof’. The invention relates to molecules,
acid molecules encoding Zcytor16 polypeptides,
preferably soluble (i.e., not membrane bound)
polypeptides, most preferably soluble fusionpolypeptides comprising the extracellular soluble
US inventors Huang, Jing et al won the US patent
regions of Fc.gamma.RIIB, derivatives and analogs
thereof, and nucleic acids encoding same. Molecules
‘Methods for high throughput genotyping’’. The
of the invention are particularly useful for the
invention is related to methods of genotyping
treatment, management, or prevention of or
polymorphisms. The invention relates to computer
amelioration of one or more symptoms of an
systems, methods, and products for the analysis
autoimmune disease, especially for ameliorating
serum platelet deficiency associated with immune
Conclusion
thrombocytopenic purpura. The invention providesmethods and compositions for enhancing the
Gene and genome duplications provide a source
therapeutic efficacy of standard, current or
of genetic material for mutation, drift, and selection
experimental therapies for an autoimmune disease
to act upon, making new evolutionary opportunities
by administering a molecule of the invention.
possible. As a result, many have argued that genomeduplication is a dominant factor in the evolution of
On April 13, 2010, an Indian scientist Madan
complexity and diversity. However, a clear
Kumar Bhattacharyya won the US patent on ‘Rps-1-
correlation between a genome duplication event
.kappa. nucleotide sequence and proteins'. The
and increased complexity and diversity is not
patent No. is 7,696,410. This invention relates to
apparent, and there are inconsistencies in the
the purified and isolated family of Rps1-k disease
patterns of diversity invoked to support this claim.
resistance genes, proteins encoded thereby and use
Interestingly, several estimates of genome duplication
of the same to confer, enhance or otherwise
events in vertebrates are preceded by multiple
modify resistance of soybean to plant pathogens,
extinct lineages, resulting in pre-duplication gaps
IPR BIOTECHNOLOGY JUNE 2010 CLINICAL TRIALS Laevo-Bambuterol Trial Beike Biotechnology Awarded ISO 9001 Certification
Lotus Pharmaceuticals, Inc is an emerging
developer, manufacturer and seller of medicines and
Beike Biotechnology Co. Ltd., one of the world’s
drugs in the People’s Republic of China (PRC).
leading biotechnology companies focusing on adult
On April 2010, the company reported that its
stem cell therapies, has been awarded ISO 9001
innovative asthama drug Laevo-Bambuterol.
certification by the International Organization for
categorized as a Class 1 new drug, has received
Standardization (“ISO”). This internationally
approval from China’s State Food and Drug
recognized designation signifies Beike has established
Administration’s (SFDA) to commence clinical trials.
a Quality Management System (QMS) that complies
Its pre-eclinical studies show that it is more
effective and have lower toxicity than Bambuterol,
(Beike Biotechnology, Apr 03, 2010)ORNL Small Business Award (Lotus Pharmaceutical Inc, Apr 29, 2010)Neutralizable Anticoagulant
announced it has been awarded Oak Ridge National
Endotis Pharma has reported the successful
Laboratory's (ORNL) 2009 Small Business of the
completion of Phase I clinical trials of neutralizable
anticoagulant EP217609 and antidote avidin.
Frontier GeoSciences is an internationally
EP217609 has a dual mechanism of action which
recognized analytical, consulting, and advanced
combines indirect factor Xa inhibition and direct
research laboratory, specializing in the analysis of
thrombin inhibition. EP217609 is the neutralizable
trace metals or heavy metals in industrial,
version of EP42675. The Phase I clinical programwas successfully completed in 108 healthy subjects.
environmental and consumer applications. For over
EP217609’s pharmacodynamic and pharmacokinetic
18 years, the company has provided innovative
profiles were predictable, with low inter-subject
solutions and “gold standard” analytical services to
variability. In a separate trial, avidin was well
corporations and government entities throughout
tolerated in 24 healthy subjects exposed to single,
Oak Ridge National Laboratory (ORNL) is a
multi-program science and technology laboratorymanaged for the US Department of Energy. Scientists
Ventricular Assist System
and engineers at ORNL conduct basic and applied
research and development to create scientific
innovator of less invasive, miniaturized circulatory
knowledge and technological solutions that strengthen
support technologies that have revolutionised the
the nation’s leadership in key areas of science;
increase the availability of clean, abundant energy;
company presented the results of the clinical data
restore and protect the environment; and contribute
at the annual meeting of the International Society of
Heart and Lung Transplantation (ISHLT) held inChicago. The data includes all 50 patients enrolled
According to Oak Ridge National Laboratory,
in the company’s international clinical trial, as well
the selection criteria for the 2009 Small Business
as the first commercial patients. Survival rates were
of the Year was based on excellence in contract
identical between the commercial and clinical groups
compliance, customer service, problem solving
and commercial experience of HeartWare Verticular
and most importantly, helping accomplish objectives
(HeartWare International, Inc, Apr 24, 2010)IPR BIOTECHNOLOGY JUNE 2010
the cohesin complex called Rec8. Also, Amon said that
FINE TUNING
researchers had found that Rec8 cleavage waspromoted by phosphorylation, the addition ofchemical phosphate groups of Rec8. This section attempts to fine-tune some basic
Researchers also knew that cohesins release
concepts on a subject of interest about which one
chromosome pairs from one another’s embrace
might have already heard of. The current issue
quite differently during meiosis and mitosis. In
features“Protein Cohesins”.
mitosis, cohesins release chromosomes along theirentire length simultaneously. However, in the initial
Protein Cohesins
stage of meiosis, cohesins first release only the “arms”
Introduction
of chromosomes, still holding the chromosomes
Proteins called cohesins ensure that newly
together at their central connection point, the
copied chromosomes bind together, correctly
centromere. Only in a second stage of meiosis that
separate during cell division and are efficiently
gives rise to haploid sperm or egg cells do
repaired after DNA damage. Scientists at the
centromeric cohesins become cleaved. This precisely
Carnegie Institution have observed for the first time
controlled centromeric “stickiness” is essential for
that cohesins are needed in different concentrations
the accurate segregation of sister chromatids into
for their different functions. The research study was
published on-line May 6 and on May 25, 2010
According to Amon, a deeper basic knowledge of
print edition of ‘Current Biology'.
the mechanism of cohesin loss during meiosis could
Earlier, the October 20, 1995 issue of ‘Cell'
ultimately improve understanding of the origins of
published the research work of scientists at the
miscarriages and mental retardation due to mis-
Whitehead Institute for Biomedical Research where
they had discovered the glue-like protein in fruit flies
that ensures proper partitioning of hereditary
phosphorylation was not the only process essential
material and could shed new light on the origin of
for cohesin removal. Recombination, an exchange of
some of the most common human birth defects,
including Down syndrome. They described the new
genetic diversity, was also needed for the
protein as MEI-S332 and its role in sexual
initial removal of cohesin from the chromosome
reproduction. MEI-S332 is the first protein in
any species shown to hold together chromosomes
Their research work as published in 'Nature',
until the exact moment in cell division when they
represents a significant advance in understanding
must separate to ensure proper development of
the enzyme that phosphorylates Rec8, named
eggs and sperms. After it, on May 2006 in the journal
Polo kinase, because it more accurately identified
Nature, the MIT (Massachusetts Institute of
the specific sites on the Rec8 subunit that Polo
Technology) scientists, led by Amon (investigator) of
phosphorylates. Firm identification of such sites will
Howard Hughes Medical Institute, revealed how
enable more precise studies of the mechanism of
glue like protein complexes release pairs of
function of Rec8, and will also enable scientists to
chromosomes at precisely the moment of meiosis, the
identify other protein targets of Polo kinase.
specialized cell division process that produces spermsand eggs-enabling them to separate properly. Conclusion Cohensin Function
Proteins cohesins play a central role in meiosis.
mechanism of cohesin function has remained
chromosome pair together until just the right moment
sketchy, even though it plays a central role in meiosis.
during cell division. Bound together by cohesins,
Researchers knew that an enzyme called separase
chromosome pairs must organize themseves in
snips apart cohesins, targeting a specific subunit of
preparation for division before they can be relased. IPR BIOTECHNOLOGY JUNE 2010 IP Advocate Settles Legal Battle LEGAL SCENE
In a move that positions IP Advocate for its
next chapter as a champion of research translation,
Gemzar Patent
Eli Lilly and Company announced that the US
she has settled her long-standing legal battle with
district court for the southern district of Indiana
the University of Georgia Research Foundation
has upheld the validity of the company’s compound
patent on Gemzar® (gemcitabine HCl for injection).
The $20.2 million settlement ends a seven-
This decision maintains Lilly’s US exclusivity for
year dispute over a secret contract that UGARF
entered with pharmaceutical company Allerganto market an ophthalmic formula, including
According to senior vice-president and general
cyclosporine, to alleviate chronic dry eye disease by
counsel of Lilly, the Court’s rule to the validity of
restoring normal tear function. Dr Kaswan’s
Gemzar’s compound remains optimistic that asuccessful appeal of the Michigan dicision on the
invention is marketed as Restasis®, and is one of
Gemzar method-of-use patent will retain US
exclusivity for Gemzar into 2013. Protection of
intellectual property rights is extremely important to
Johrson & Johnson Resolve Patent Litigation
The Johnson & Johnson company Ethicon
These statements are based on management's
Endo-Surgery, Inc., announced its agreement with
current expectations, though actual results
Hologic Inc. and its subsidiary Suros Surgical Systems
Inc., settling litigation in Ohio and dismissing
pending cases in Delaware. The disputes involvedpatents relating to Ethicon Endo-Surgery
Infringement Case Against Boston
MAMMOTOME® Breast Biopsy System, and the
OrbusNeich Medical, Inc, a designer, developer,
Hologic ATEC and EVIVA biopsy devices. Under
manufacturer and marketer of innovative medical
the terms of the agreement, Ethicon Endo-Surgery
devices for the treatment of cardiovascular diseases,
will receive $12.5 million from Hologic.
announced that on March 23, 2010, the company
As part of the settlement, Ethicon Endo-Surgery
was granted US Patent No. 7,682,384 B2, entitled
and Hologic will enter into a cross licensing
“Stent with Helical Elements.” The patent relates to
agreement, whereby Hologic will pay ongoing
an expandable stent comprised of a plurality of
royalties on the sales of ATEC and EVIVA hand
helical segments. The company noted that it hasidentified unlicensed use by Boston Scientific
pieces, and Ethicon Endo-Surgery will pay ongoing
Corporation of certain technologies protected
royalties on the sales of the MAMMOTOME®
As the owner by assignment of all rights, title,
The cases resolved were in trial in Ohio before
and interest in the “Stent with Helical Elements”,
US district court judge Barrett, and pending trial
OrbusNeich believes that its previously announced
in Delaware before US district court judge Farnan.
infringement claims against Boston Scientific in the
(Ethicon Endo-Surgery, Inc., Feb 20, 2010)
United States district court for the district ofMassachusetts , specifically related to the Boston
Lower Court’s Ruling on Patent Claims
Scientific Liberte and TAXUS Liberte branded
In November of 2007, Merck entered into an
agreement to resolve state and federal myocardial
newly granted patent. Accordingly, the company
infarction and ischemic stroke personal injury claims
filed with the court a motion to amend its
filed or tolled by November 9, 2007. More than
existing complaint against Boston Scientific.
99 percent of all eligible personal injury claimants
(OrbusNeich Medical, Inc, Apr 14, 2010)
enrolled in the program and the program is
IPR BIOTECHNOLOGY JUNE 2010
proceeding as scheduled with payments expected
Nycomed’s Patent Invalid
On 28th April, 2010 the company announced
Industries Ltd, announced that a jury returned a
that it is disappointed with the US Supreme Court’s
verdict in the US district court of New Jersey
decision to affirm a lower court’s ruling on when the
finding that Nycomed’s US Patent No. 4,758,579
statute of limitations began to run in a federal
is not invalid. The New Jersey district court has
securities class action against the company and
reserved decision on the issue of what, if any, effect
certain of its officers and directors. The effect of the
to give to the jury’s determinations in connection
ruling is to return the case to federal district court in
with the obviousness-type double patenting defenses,
which Teva has argued is to be decided by the
The original suit, brought by investors, who allege
court. A decision by the district court judge
that the company made material mis-statements and
independent of the jury's verdict would be
omissions regarding the pain medication VIOXX®,
sufficient to invalidate the patent.
was dismissed by the US district court for the
(Teva Pharmaceutical Industries Ltd, Apr 24,
district of New Jersey in 2007, on the ground that
the claims were time-barred under the statute of
Sadanta-Infocrossing Lawsuit
limitations. In 2008, however, a divided Court ofAppeals for the Third Circuit reversed the district
Sandata Technologies, Inc., a leading nationwide
court’s ruling. In May 2009, the Supreme Court
provider of information technology solutions to the
home healthcare and social services communities, andInfocrossing, Inc. announced the settlement of the
patent infringement lawsuit between the two
Novamont Patents Valid
companies. As part of the settlement, Infocrossingwill transfer its home healthcare agency business
On April 16 , the Paris Law Court issued the
consisting of time and attendance software and
first-instance sentence in the case brought by
services that capture time and attendance information
Novamont against the German company Biotec and
inputted by telephone as provided under the contracts
certain companies of the French group Sphere,
being assigned to Sandata and will stop offering
respectively, the manufacturer and distributors of
such services to home health care agencies in
certain starch-based products which, it was alleged
North America. The parties agreed to release all
by Novamont, infringed its patents protecting first
claims against each other, including Sandata’s
claims for alleged infringement of Sandata’s
The Court found two Novamont patents to be
patents covering Automatic Number Identification.
fully valid and a third patent to be partially invalidwhile also finding that Novamont had not provided
(Sandata Technologies, Inc, Mar 05, 2010)
proof of the infringement. Not entering into the merit
Takeda Settles Infringement Lawsuit
of the case, the court noted that the analyses on
samples of the products of the summoned companies
(Takeda) announced that it and its wholly
had not been conducted in a two-party process.
owned subsidiary, Takeda Pharmaceuticals North
Novamont greeted with satisfaction the fact that
America, Inc. (TPNA), have completed settlement
its important patents were considered valid and
agreements with six out of eight defendants in patent
remains convinced that they will be declared to have
infringement litigation brought against these parties
been infringed when it comes to examining the aspects
in response to their Abbreviated New Drug
of substance of the dispute. Novamont will
therefore pursue with the greatest conviction itsactions against the infringement of its patents, and in
(pioglitazone HCl) and ACTOplus met® (pioglitazone
particular those currently pending before the
concluded litigation with the sixth settling defendant. (Pharmaceutical News, Apr 28, 2010)IPR BIOTECHNOLOGY
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