Archive for the 'Intellectual Property' Category

U.S. rights group argues against human gene patent

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By Edith Honan

Patents on two human genes associated with breast and ovarian cancer should be declared invalid because they stifle the free flow of information and hamper research, lawyers told a New York judge on Tuesday.

A lawsuit brought by the American Civil Liberties Union and other groups last May posed a broad challenge to gene patenting and its outcome could have far reaching effects because one in five human genes are patented.

The specific case argued on Monday at Manhattan federal court concerned a patent on two genes held by Myriad Genetics (MYGN.O). Mutations on those genes are responsible for most cases of hereditary breast and ovarian cancers.

“(Myriad) uncovered a law of nature … and they deserve credit for having done so. But laws of nature are not patentable,” said Chris Hansen, an attorney with the ACLU.

But a lawyer for Myriad dismissed the litigation as a test case to “go after gene patents and the biotech industry as a whole” and said patents have a positive impact on human health because they promote innovation.

“This is not nature’s handiwork… this is the hard work of man,” said Brian Poissant, a lawyer for Myriad.

It could be months before the judge issues a ruling.

The lawsuit by the ACLU, the Association for Molecular Pathology, individual women and others was brought against the U.S. Patent and Trademark Office, Myriad Genetics and the University of Utah Research Foundation, which hold the patents on the BRCA1 and BRCA2 genes. (Editing by Daniel Trotta and Chris Wilson)

Amgen’s Seattle and Boston Teams Seek to Boost Biotech Hit Rate 20 to 30 Percent

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One of the inconvenient truths of the biotech and pharmaceutical industry is that only about one out of every 10 drug candidates good enough to enter clinical trials passes all the tests to graduate as an FDA-approved therapy. Every major drugmaker is searching for ways to boost that success rate, and yesterday I got an interesting glimpse into how the world’s largest biotech, Amgen, thinks about how to raise its game.

Amgens Joe Miletich

Amgen's Joe Miletich

Amgen is based in Thousand Oaks, CA, but has 900 employees in Seattle and about 200 more in Cambridge, MA, many of whom play critical roles in the perilous early steps of R&D where a lot of time and money get wasted. I got an overview from Amgen’s senior vice president of translational sciences, Joe Miletich, while he was in Seattle this week to meet with employees (and briefly enjoy the view of Elliott Bay from the office CEO Kevin Sharer sometimes uses).

Amgen (NASDAQ: AMGN) had $15 billion in revenues a year ago, largely from products for patients with anemia, autoimmune diseases, and cancer. About one-fifth of that revenue, $3 billion, was poured into the R&D budget. Much has been written about how Amgen coasted on the success of its first two blockbusters in the 1990s, acquired another one in 2002 from Seattle-based Immunex, but has more recently sought to re-ignite its innovation engine, particularly for cancer drugs, this decade under R&D boss Roger Perlmutter, a former Merck executive and University of Washington immunology professor.

Since it often takes a decade or more to develop a new drug, this effort is still a work in progress, but Amgen now has 50 drugs in the pipeline from the late discovery stage through Phase III clinical trials. Amgen has organized the pipeline with three key guys who report to Perlmutter from beginning to end. David Lacey runs the early discovery, Miletich handles translational steps from there through early-stage clinical trials, and Sean Harper is responsible for late-stage clinical trials.

Miletich was formerly a professor of internal medicine and pathology at Washington University in St. Louis and a Merck executive. His team in the middle of the R&D machine takes drugs after they’ve graduated from the discovery phase, and then runs them through a battery of genetic tests, cell-based tests, animal tests, models of disease, and biomarker studies to see which types of people might respond to such a treatment. The goal is to test whether the candidates are safe, and whether there’s “evidence of biological impact” that gives the company “a high degree of certainty” on whether the drug is actually hitting the desired target and doing what it is supposed to do in people, he says. If done right, this work is supposed to answer which of those 50 drugs on the roster, and which of the 6 to 8 new ones that enter human trials each year, are truly worthy of putting major-league resources behind in the ultimate proving grounds of Phase II and III clinical trials. The rest of the candidates, Miletich says, may need more long-term observation in people, while some should be killed early before too much money is wasted, he says.

This isn’t revolutionary stuff—it’s what other companies do, Miletich acknowledged. But it is an effort to weave together basic research and clinical development in a closer way than had been done in the past, when research might just hand over a drug to development to see if it worked, Miletich says. He says this more integrated, or “translational,” approach should pay off directly by raising Amgen’s success rate above the usual industry rule of thumb.

“Over the next five years, I’d like to see us have about a 20-30 percent higher success rate over the historical average,” Miletich says.

That sounded pretty bold, but Miletich was quick to throw in qualifiers.

There are apples-to-oranges comparisons when stacking up a low-risk program to develop another statin drug for lowering cholesterol, as opposed to a new drug for lupus, which uses a completely new mode of action for a disease that doesn’t have effective therapies. Amgen has been known in the past to take on some of these lower-risk projects, like making longer-lasting versions of erythropoietin (Aranesp) and pegfilgrastim (Neulasta). But now Amgen’s pipeline is a bit more daring, with about two-thirds to three-fourths of its candidates being aimed at diseases where no one has a marketed product that works the same way, Miletich says.

One of the most interesting examples that Miletich offered up is a new antibody drug emerging in Amgen’s pipeline, called AMG-785. This is based on biological work that says a protein called sclerostin normally neutralizes production of osteoblasts, the cells that build new bone. Some patients with rare genetic abnormalities, who lack the gene to make sclerostin, have been shown to end up with severe deformities from bone overgrowth by the time they are in their 30s, Miletich says.

Even more interestingly, patients with only one of two functioning copies of the sclerostin gene have no symptoms of disease, but they have really strong bone mineral density, which means they don’t develop osteoporosis later in life, and usually “they don’t break bones” in accidents, Miletich says.

So Amgen’s vision is to build on that fundamental genetic insight to create a drug that does that same thing, blocking sclerostin in a carefully calibrated way. With some clever in-house protein engineering, Miletich says Amgen showed an experimental antibody drug could block the correct functioning of the sclerostin protein and offer the desired bone cell-building effect in early stage studies. That drug, code-named AMG-785, is now one of the molecules that Amgen and its partner, Belgium-based UCB, are most excited about based on early studies that showed “a very robust response with a single injection,” Miletich says. The drug still has a lot to prove—it’s now in one Phase II trial and entering another—but it has forced its way to the top of Miletich’s priority list based on all indications from the early-stage studies.

There’s also a business case to be made for such a drug, and Miletich was no stranger to that. Nothing currently on the market for osteoporosis can build new bone. This product also dovetails nicely with the most visible drug in Amgen’s pipeline, denosumab. That product candidate, currently awaiting FDA approval, has been shown to lower fracture risk of patients through a different mechanism, stopping osteoclast cells from breaking down too much bone. That drug could generate $2.2 billion in annual sales by 2012, according to a Rodman & Renshaw analysis. Any new product that does the opposite—building up bone—could be given to patients with early-stage osteoporosis. Those patients could be brought back to a healthy state, and then put on denosumab therapy for “maintenance” to keep them healthy.

“This could give physicians and patients both sides of the lever,” Miletich says.

Whether that turns out to be true won’t be known until the late-stage clinical trials either prove or disprove what Miletich’s troops have done so far in their methodical quest to understand what the drug is doing at early stages. Even with a $3 billion research budget that can buy every state of the art tool, and recruit world-class scientists, Miletich made it clear this is still a very humbling industry.

“I don’t like to overhype things,” Miletich says. “All of us in the field do a disservice when we celebrate success in a way that comes out sounding like we’ve answered everything. That’s not true. Human biology is enormously complex.”

US Senate Panel Approves 12-Year Biologic Drug Exclusivity

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By Patrick Yoest

Of DOW JONES NEWSWIRES

WASHINGTON (Dow Jones)–The Senate Health, Education, Labor and Pensions Committee approved an amendment late Monday that would protect makers of biologic drugs from competition from generic drug manufacturers for 12 years.

The drugs — which are manufactured by living cells — represent a growing segment of the pharmaceuticals industry. The committee vote on the amendment, sponsored by Sens. Orrin Hatch, R-Utah, and Mike Enzi, R-Wyo., gives the biotechnology industry a major victory.

The amendment was approved by a 16-7 vote. It is now part of a larger health-care overhaul measure expected to be approved by the committee as soon as Tuesday.

Consumer groups and AARP, the largest lobbying group for older Americans, campaigned hard for a shorter exclusivity period for the drugs. The Biotechnology Industry Organization sought at least 12 years of exclusivity.

Sen. Sherrod Brown, D-Ohio, introduced an amendment that would grant the drugs five years of exclusivity, with the possibility for an extension. Brown pointed to a Federal Trade Commission report that said that a 12- to 14-year period of exclusivity was not necessary.

But Hatch and other supporters of the 12-year amendment said a shorter exclusivity period would stifle innovation and put U.S. companies at a disadvantage to international competitors, especially those in the European Union.

The amendment passed in the committee faces an uncertain future as Congress moves forward on health-care legislation. The White House has stated that it supports seven years of exclusivity for the drugs, while House Energy and Commerce Chairman Henry Waxman, D-Calif., has proposed five years of exclusivity.

Major manufacturers of biologic drugs include Amgen, Inc. (AMGN) and Johnson & Johnson (JNJ).

-By Patrick Yoest, Dow Jones Newswires; 202-862-3554; patrick.yoest@dowjones.com

via Article – WSJ.com.

Economic Crisis Provides a Potential Boost to IP Portfolio

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Strategy Could Allow Surviving Firms to Increase Their Value

Narinder S. Banait, Ph.D., J.D.

Narinder S. Banait, Ph.D., J.D.

The current economic crisis has hit nearly every business sector, including the pharmaceutical and biotechnology sector. Unlike previous recessions, changes in the fundamentals of the industry have left it more sensitive to economic conditions. Further, the credit crisis is also affecting the industry’s capital structure and its ability to raise funds.

The economic crisis has depressed market capitalizations and reduced available working capital. In the U.S., the number of publicly traded biotech companies trading below their cash value has skyrocketed, with 69 companies trading at less than half their cash value at the end of 2008. In addition, more than 300 public life sciences companies were operating with less than one year of capital at the end of 2008, representing an increase of nearly fivefold from the previous year. The depressed share prices has made raising funds using follow-on financings difficult and unattractive.

Private companies are not faring any better. Venture capital has become harder to obtain. In the fourth quarter of 2007, VCs invested $8.1 billion in 850 venture deals. That number decreased by 31% to $5.6 billion invested in 790 deals by the fourth quarter of 2008. Thus, although VCs are still funding companies, they are being selective. VCs themselves are facing funding issues since institutions and endowments are investing less in venture capital. Further, the exits for VCs have been few recently and not as profitable in comparison to those of the late 1990s. VCs also have to consider the major issue of funding private companies when more advanced public companies are selling at below-private valuations.

The economic downturn will eventually reverse. In the near future, however, the number of life science companies is likely to decrease significantly. Many companies going out of business will do so owning valuable patents and other types of intellectual property. A strategy to buy these assets at depressed values could save the purchasing company a significant amount of time and money in R&D and legal costs, including legal disputes.

The present situation thus presents an opportunity for survivors of the downturn to increase in value by building an IP portfolio that will either provide them with an advantage in the marketplace when economic conditions improve or make them more attractive for a partnership or M&A deal with big pharmaceutical companies.

Under normal circumstances, a well-designed IP portfolio furthers the business goals of the company and protects the technologies around which the company is built. Thus the company’s business strategy should be supported by an IP portfolio that helps to provide a sustainable competitive advantage. The IP strategy tells inventors areas to innovate, the legal team how to evaluate that innovation, and the management where and how to invest. The IP strategy should use other tactics as well, such as the use of defensive publications for weakening competitors’ IP positions, or the use of trade secrets to protect manufacturing technology.

Under today’s economically stressed conditions, where valuations of life science companies are severely depressed, there is an opportunity to create new business opportunities or create barriers to entry for competitors at low cost.

In one scenario, an expanded IP portfolio could be created around a company’s existing IP portfolio where the expanded IP portfolio could be monetized through divestments and spin-offs. Thus, for example, if the company has some unused patents on screening methods, it might consider acquiring intellectual property that vertically integrates the technology.

The company could evaluate patents on the sequence of the targets, the targets themselves, and methods for selecting a therapeutic dose for a patient by determining the genotype and/or the phenotype of the patient and correlating it to activity of the target. If the target is not central to the company’s business, the integrated IP portfolio could be used to create a spin-out. The integrated IP portfolio also presents an opportunity to generate additional licensing revenues.

M&A Activity

In another scenario, the company might consider acquiring additional IP to make itself a target for an M&A deal. Recently, the lack of capital has resulted in investment bankers aggressively promoting acquisitions of companies that lack the capital to survive for long. Large companies have not radically changed their strategies, however, despite depressed valuations as evidenced by a lack of increase in the M&A activity. A smaller company might consider strategically building an IP portfolio that might make it an attractive target.

For example, a diagnostic company focusing on detection and quantitation of a particular analyte using particular bodily fluids might consider acquiring IP that allows it to analyze similar analytes in related bodily fluids. Such a strategic move will provide a competitive advantage by expanding the services that could be provided, cover alternative diagnostics, and reduce likely IP disputes. All of these could make the company a better target for M&A.

The most economical way to monitor the buying opportunities is for in-house counsel at the companies to take the lead. Additional resources could be provided by law firms. In addition, there are public auctions, predissolution sales, as well as intermediary players that can help monitor available assets and broker the deals.

The current economic condition is extremely difficult, but it also represents considerable opportunities. Companies should seize this opportunity to build an IP portfolio that not only builds value and saves considerable time and money in R&D and legal costs, but might also result in delivering better patient care. The companies that act and make the right decisions will likely weather the recession and emerge strong.

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