Actually, that's not right -- brain failure -- they are using entirely different underlying compounds, so your idea could play. 17-DMAG appears to be covered under Conforma's formulation IP (see below), though I don't think Conforma has rights to 17-DMAG itself. I can't find out what Kosan has done to formulate 17-DMAG, or any obvious sign they have IP for anything other than making the basic form they are going with. But that stuff gets over my head quickly; it could be staring me in the face without my knowing it.
It appears this may an issue for Infinity as well. Synta and Exelixis, however, being the latest to the party knew that had to start with different building blocks, and so are unaffected.
rkrw probably knows this stuff better than I. Anyhow, FWIW:
This appears to be Conforma's formulation patent, which involves a "low melt polymorph" of 17-AAG attached to a phospholipid (but which mentions the method's suitability for 17-DMAG, in paragraph 45):
appft1.uspto.gov
Kosan's 17-DMAG patent is presumably this one licensed (cuz I don't see any other composition of matter patent with their name on it):
patft.uspto.gov
This is what it has to say about oral formulations:
"Formulations suitable for oral administration can consist of (a) liquid solutions, such as an effective amount of the compound dissolved in diluents, such as water, saline, or orange juice; (b) capsules, sachets, tablets, lozenges, and troches, each containing a predetermined amount of the active ingredient, as solids or granules; (c) powders; (d) suspensions in an appropriate liquid; and (e) suitable emulsions. Liquid formulations may include diluents, such as water and alcohols, for example, ethanol, benzyl alcohol, and the polyethylene alcohols, either with or without the addition of a pharmaceutically acceptable surfactant. Capsule forms can be of the ordinary hard- or soft-shelled gelatin type containing, for example, surfactants, lubricants, and inert fillers, such as lactose, sucrose, calcium phosphate, and corn starch. Tablet forms can include one or more of lactose, sucrose, mannitol, corn starch, potato starch, alginic acid, microcrystalline cellulose, acacia, gelatin, guar gum, colloidal silicon dioxide, croscarmellose sodium, talc, magnesium stearate, calcium stearate, zinc stearate, stearic acid, and other excipients, colorants, diluents, buffering agents, disintegrating agents, moistening agents, preservatives, flavoring agents, and pharmacologically compatible excipients. Lozenge forms can comprise the active ingredient in a flavor, usually sucrose and acacia or tragacanth, as well as pastilles comprising the active ingredient in an inert base, such as gelatin and glycerin, or sucrose and acacia, emulsions, gels, and the like containing, in addition to the active ingredient, such excipients as are known in the art. "
All of which are known in the art. I don't see IP directly related to formulations covering 17-DMAG, and Kosan has never to my knowledge disclosed what they've done, if anything. If they've done nothing to protect what they've done, or stepped on someone's IP without looking before going this far with it, that seems pretty stupid.
Cheers, Tuck |
