To start, I looked up the patents listed from the arbitration ruling using a free patent searching website at http://www.freepatentsonline.com/search.html by simply typing in the patent numbers. To see the figures and structures open with the PDF option.
The patents included in the arbitration are from the mid to late 1990's and Affymax has stated in the press release that these applications don't cover Hematide.
See pages 43-47 from 2009 annual report (dated March 4 2010) found at the Affymax website to review the entire history and arbitration case including the relevant US patent numbers:
5773569, 5830851, 5986047, which claim composition of matter for EPO peptides and peptide dimers with specific linkers i.e.-N-acetyl-lysine with several glycine residues in the linkage between the 2 peptides(found in arbitration ruling to be co-owned by Affymax and J & J).
5767078 which claims composition of matter for EPO peptide dimers linked by a polyethylene glycol sequence of molecular weight 3400 (found in arbitration ruling to be owned by J & J).
This marks the end of arbitration.
Since 2004 Affymax filed several applications with alternative linkers to form peptide dimers. These patents were all published from 2006 to 2009. I searched the patent website using the query: Affymax peg epo and found 4 new patents (hits 1-4).
See Affymax US patent numbers 7414105, 7084245, 7528104, and 7550433. Again, open with the PDF option to view figures and structures.
General summary: The drawing for the claims clearly show alternative linkages for dimer formation (i.e- an amine which allows for the introduction of a huge PEG functionality MW 20,000 to 40,000 tethered to a third branching point from the amine).
Maybe these cover Hematide (peginesatide).
1. Has the structure of Hematide (peginesatide) been publicly disclosed? I couldn't find it in the literature linked to either name, specifically.
2. The linkages are completely different from patents listed in the arbitration case.
3. The new strategy allows for the attachment of the huge pendant PEG functionality at the amine linkage.
4. Introduction of functional groups, which improve the pharmacokinetic properties (and allow for less frequent dosing) of existing drugs is a proven strategy to extend intellectual property rights. Look at the modification of Epogen to Aranesp and development peginterferon for treatment of Hepatitis C.
Just thought these findings were interesting and this interpretation is JMHO.
IMO, the smart money has duped the little guy into thinking that hematide falls under these patents that have been in the news in the past 2 days. Affymax has said that they don't think the patents in question (that JnJ owns) covers hematide, and I think I see why now.