throbber
COVER SHEET FOR PROVISIONAL APPLICATION FOR PATENT
`
`—-&
`== 3
`==2
`
`t
`
`x
`
`GU/LLASU
`
`="
`=r
`==sistant Commissioner for Patents
`SSSPROVISIONAL PATENT APPLICATION
`Washington, DC 20231
`i
`Sir:
`This is a requestfor filmg a PROVISIONAL APPLICATIONunder 37 CFR 1.53(c).
`Docket Number
`9516-062-888
`
`afe
`Express Mail No.:_N/A
`
`o =e
`a =
`> =a
`uy =~
`co SE
`om ec
`aS ew
`eS =c
`
`Type a plus sign (+)
`inside this box >
`
`
`
`
`
`
`DCI - 322780.1
`
`LAST NAME
`
`FIRST NAME
`
`MIDDLEINITIAL
`
`RESIDENCE(CITY AND EITHER STATE OR FOREIGN COUNTRY)
`
`INVENTOR(s) APPLICANT(s)
`
`
`
`
`
`TITLE OF THE INVENTION (280 characters max)
`METHODS OF USING SMALL AND LARGE
`
`
`MOLECULES FOR THE TREATMENT AND MANAGEMENT
`
`
`OF CANCER, AND COMPOSITIONS AND KITS USEFUL THEREIN
`
`
`
`PENNIE & EDMONDSur
`
`
`
`
`
`Leb Wrdibllibfilbel
`20582
`
`ORRESPONDENCE ADDRESS:
`
`
`ENCLOSED APPLICATION PARTS (check all that apply)
`
`
`© Applicant claims small entity status, see 37 CFR §1 27
`Specification,
`Number ofPages
`slaims and Abstract
`
`
`
` “) Drawing(s)s
`
`Number ofSheets
`O Other (specify)
`
`METHOD OF PAYMENT(check one)
`
`
`
` A check or moncyorder 1s enclosed to cover the Provisional filing fees ESTIMATED
`
`PROVISIONAL
`& $160
`
`FILING FEE
`O $80
`AMOUNT
`
`
`& The Commissioneris hereby authorized to charge the required filing fee to Deposit Account Number 16-1150
`
`
`The invention was made by an agency of the United States Governmentor under a contract with an agency of the Untted States Government
`
`
`& No.
`Yes, the name of the U.S Government agency and the Government contract numberare:
`
`Respectfully submitted,
`
`
`
`
`(ifappropriate)
`
`For: Anthony M Insogna (Reg No 35,203)
`PENNIE & EDMONDS1:
`
`Signature REGISTRATION NO.|45,479 Date May 17, 2002
`
`
`
`
`
`Additional inventors are being named on separately numbered sheets attached hereto.
`
`Tota] numberof cover sheet pages
`
`PROVISIONAL APPLICATION FILING ONLY
`
`ALVOGEN, Exh. 1052, p. 0001
`
`ALVOGEN, Exh. 1052, p. 0001
`
`

`

`
`
`METHODS OF USING SMALL AND LARGE
`
`MOLECULES FOR THE TREATMENT AND MANAGEMENT
`OF CANCER, AND COMPOSITIONS AND KITS USEFUL THEREIN
`
`1.
`
`FIELD OF THE INVENTION
`
`This invention relates to methods oftreating and/or managing cancer using the
`
`combined administration of a small molecule-based active agent, such as a derivative or
`analogue of thalidomide, or a pharmaceutically acceptable salt, solvate, hydrate, clathrate,
`or prodrug thereof and a large molecule-based active agent. Examples of large molecule-
`based active agents include, but are not limited to, proteins such as IL-2, IL-10, IL-12, IL-
`18, G-CSF, GM-CSF, and EPO. The invention further relates to pharmaceutical
`compositions, single unit dosage forms, and kits suitable for use in methodsoftreating
`
`10
`
`and/or managing cancer.
`
`15
`
`2.
`
`BACKGROUND OF THE INVENTION
`
`The incidence of cancer continues to climb as the general population ages, as new
`cancers develop, and as susceptible populations(e.g., people infected with AIDS) grow. A
`tremendous demandtherefore exists for new methods and compositions that can be used to
`
`treat patients with cancer.
`
`20
`
`25
`
`2.1.
`
`PATHOBIOLOGY OF CANCER
`
`Cancer is characterized primarily by an increase in the numberof abnormalcells
`derived from a given normaltissue, invasion of adjacent tissues by these abnormalcells, or
`lymphatic or blood-borne spread of malignantcells to regional lymph nodesandto distant
`sites (metastasis). Clinical data and molecular biologic studies indicate that cancer is a
`multistep process that begins with minor preneoplastic changes, which may undercertain
`conditions progress to neoplasia.
`
`Pre-malignant abnormalcell growth is excmplificd by hyperplasia, metaplasia, or
`
`most particularly, dysplasia (for review of such abnormal growth conditions, see Robbins
`and Angell, 1976, Basic Pathology, 2d Ed., W.B. Saunders Co., Philadelphia, pp. 68-79).
`
`30
`
`Hyperplasia is a form of controlled cell proliferation involving an increase in cell numberin
`a tissue or organ, without significant alteration in structure or function. As but one
`example, endometrial hyperplasia often precedes endometrial cancer. Metaplasia is a form
`
`of controlled cell growth in which one type of adult or fully differentiated cell substitutes
`
`35
`
`for another type of adult cell. Metaplasia can occur in epithelial or connective tissue cells.
`
`Atypical metaplasia involves a somewhatdisorderly metaplastic epithelium. Dysplasia is
`
`frequently a forerunnerof cancer, and is found mainlyin the epithelia; it is the most
`
`disorderly form of non-neoplastic cell growth, involving a loss in individual cell uniformity
`
`-1-
`
`DC] - 322753.1
`
`ALVOGEN, Exh. 1052, p. 0002
`
`
`
`
`
`ALVOGEN, Exh. 1052, p. 0002
`
`

`

`and in the architectural orientation of cells. Dysplastic cells often have abnormally large,
`
`deeply stained nuclei, and exhibit pleomorphism. Dysplasia characteristically occurs where
`there exists chronic irritation or inflammation, and is often foundin the cervix, respiratory
`
`passages, oral cavity, and gall bladder.
`The neoplastic lesion may evolve clonally and develop an increasing capacity for
`invasion, growth, metastasis, and heterogeneity, especially under conditions in which the
`neoplastic cells escape the host's immune surveillance. Roitt, I., Brostoff, J and Kale, D.,
`Immunology, 17.1-17.12 (3% ed., Mosby, St. Louis: 1993).
`
`10
`
`2.2.
`
`TYPES OF CANCERS
`
`There is an enormous variety of cancers which are described in detail in the medical
`
`literature. Examples of some are discussed below.
`
`2.2.1. AIDS-RELATED NON-HODGKIN'S LYMPHOMA
`
`15
`
`AIDShas been closely associated with a variety of cancers. Further, the types of
`malignancies and their incidence rates are increasing as the developmentofeffective
`
`antiretroviral therapies and prophylaxis against opportunistic infections leads to prolonged
`
`survival in the immunodeficient state for AIDS patients. Karp and Broder, Cancer Res.
`
`51:4747-4756 (1991). AIDS-related non-Hodgkin's lymphomais a very aggressive disease
`
`20
`
`with a very high incidence of central nervous system involvement. Since its discovery in
`
`1981, the incidence of AIDS-related non-Hodgkin's lymphomahasreportedly increased.
`
`One reason for such an observation is that patients infected with the AIDS virus now live
`
`longer than they usedto.
`
`
`
`25
`
`2.2.2. PRIMARY AND METASTATIC CNS TUMORS
`
`The incidence of primary and metastatic brain tumorsis also increasing in the
`United States. Unfortunately, the arsenal of chemotherapeutics for these types of cancersis
`minimal, while the need for such therapeutics is high.
`
`Glioblastoma multiform and other primary and metastatic central nervous system
`tumors are devastating malignancies. The treatment of these tumors include surgery,
`
`30
`
`radiation therapy and treatment with agents such as the nitrosourea BCNU. Other
`
`chemotherapeutic agents utilized include procarbazine, vincristine, hydroxyurea and
`cisplatin. But even whenall three modalities (surgery, radiation therapy and chemotherapy)
`are utilized, the average survival of patients with central nervous system malignanciesis
`only about 57 weeks. Clearly, new treatment approachesare needed both for patients with
`newly diagnosed primary and metastatic central nervous system tumors, as well as for
`patients with such tumors which are refractory to the above modalities.
`
`35
`
`-2-
`
`DCI - 322753.1
`
`ALVOGEN, Exh. 1052, p. 0003
`
`
`
`
`
`
`
`ALVOGEN, Exh. 1052, p. 0003
`
`

`

`
`
`
`
`2.2.3. BREAST, LUNG, BLADDER
`AND PROSTATE CANCERS
`
`In the United States, the cumulative risk of developing breast cancer is reportedly
`about 10.2 percent. The Merck Manual 1815 (16" ed. 1992). The treatment for carly breast
`canceris surgery, with or withoutradiation therapy, or surgery, with or withoutradiation
`therapy, plus chemotherapy and/or hormonal therapy. Current chemotherapy for patients
`with primary or metastatic breast cancer includes treatment with cyclophosphamide,
`methotrexate, doxorubicin, 5-fluorouracil, cisplatin, vinblastine, taxol, taxotere, mitomycin
`C and occasionally other agents. Unfortunately, even with these agents, almost all women
`who develop metastatic breast cancer succumbto their disease. Oneparticular place that
`metastatic breast cancer does metastasize to is the central nervous system. When central
`nervous system metastases do occur, the usual treatmentis surgery (for a solitary
`metastasis) or radiation, or surgery plus radiation therapy.
`Lungcanceris reportedly the leading cause of cancer death in men and women.
`The Merck Manual 731 (16" ed. 1992). A variety of causes exist, but cigarette smoking
`accounts for greater than 90 percent of reported cases in men and greater than 70 percent of
`reported cases in women. Jd.
`Mostpatients with lung cancer present a tumorthat has already metastasized to a
`variety of organs, including lung,liver, adrenal gland and other organs. Treatment of
`metastatic lung canceris not yet standardized. Ihde, D.C., The New England Journal of
`Medicine 327:1434-1441 (1992). However, chemotherapy regimensthat are utilized
`include treatment with cisplatin plus etoposide, combinations of cyclophosphamide plus
`doxorubicin plus cisplatin, and single agents alone or in combination, including ifosfamide,
`teniposide, vindesine, carboplatin, vincristine, taxol, nitrogen mustard, methotrexate,
`hexamethylmelamine and others. Despite these chemotherapeutic regimens the average
`patient with metastatic lung cancerstill only survives 7-12 months. Oneparticular
`troublesomeplace for metastases of lung cancer is the central nervous system. The
`treatment for central nervous system metastases includes surgery (to removea solitary
`lesion), radiation therapy, or a combination of both.
`Each year about 50,000 new cases of bladder cancer are reported in the United
`States. The Merck Manual 1749 (16" ed. 1992). Althoughat presentation the disease is
`usually localized, most patients develop distant metastatic disease. The most recent
`advances havebeenin the area of chemotherapy for patients with such metastatic disease.
`Oneeffective regimen is called the MVACregimen. It consists of treatment with
`methotrexate plus vinblastine plus adriamycin (doxorubicin) plus cisplatin. Although the
`responserate is high to this chemotherapeutic regimen, medical oncologists are noting that
`one place the patients fail is with metastases to the central nervous system.
`
`10
`
`15
`
`20
`
`25
`
`30
`
`35
`
`-3-
`
`DC1 - 322753.1
`
`ALVOGEN, Exh. 1052, p. 0004
`
`
`
`ALVOGEN, Exh. 1052, p. 0004
`
`

`

`
`
`It is estimated that more than 120,000 men will be diagnosed with prostate cancer
`this year. The Merck Manual 1750 (16" ed. 1992). The most commonsites of metastases
`in patients with prostate cancer are the bone and lymph nodes. The bone metastases are
`particularly bothersomein that they can create intense pain for the patient. The current
`treatment for metastatic prostate cancer includes treatment with flutamide, leuprolide,
`diethylstilbestrol, and other hormonal manipulations, as well as chemotherapy (doxorubicin,
`estramustine phosphate, vinblastine, suramin, cisplatin, and others). Unfortunately, none of
`these agents are consistently helpful in the disease. In addition, as patients with prostate
`cancerlive longer with their malignancy, they will most likely develop a higher incidence of
`
`10
`
`metastases to the central nervous system (including the spinal cord).
`
`2.2.4. ESOPHAGEAL CANCER
`
`Several years ago, carcinoma of the esophagus reportedly represented only about six
`percentof all cancers of the gastrointestinal tract; however, it reportedly caused a
`disproportionate numberof cancer deaths. Boring, C.C., et al, CA Cancer J. Clin. 43:7
`(1993). These cancers usually arise from the epithelial layer of the esophagus andare either
`squamouscell carcinomas or adenocarcinomas. Overall, the 5 year survival is about five
`
`percent.
`
`2.2.5. LEUKEMIA
`
`15
`
`20
`
`Leukemiarefers to malignant neoplasmsof the blood-formingtissues. Although
`
`viruses reportedly cause several forms of leukemia in animals, causes of leukemia in
`humansare to a large extend unknown. The Merck Manual 1233 (16" ed. 1992).
`
`Transformation to malignancy typically occurs in a single cell through two or moresteps
`
`25
`
`with subsequent proliferation and clonal expansion. In some leukemias, specific
`
`chromosomaltranslocations have been identified with consistent leukemic cell morphology
`
`and special clinical features (e.g., translocations of 9 and 22 in chronic myelocytic
`
`leukemia, and of 15 and 17 in acute promyelocytic leukemia). Acute leukemias are
`
`predominantly undifferentiated cell populations and chronic leukemias more maturecell
`
`30
`
`forms.
`
`Acute leukemias are divided into lymphoblastic (ALL) and non-lymphoblastic
`
`(ANLL) types. They may be further subdivided by their morphologic and cytochemical
`
`appearance according to the French-American-British (FAB)classification or according to
`
`their type and degree of differentiation. The use of specific B- and T-cell and myeloid-
`
`35
`
`antigen monoclonal antibodies are most helpful for classification. ALL is predominantly a
`
`childhood disease whichis established by laboratory findings and bone marrow
`
`examination. ANLL, also known as acute myeloblastic leukemia (AML), occursat all ages
`
`-4-
`
`DCI - 322753.1
`
`ALVOGEN, Exh. 1052, p. 0005
`
`
`
`
`ALVOGEN, Exh. 1052, p. 0005
`
`

`

`
`
`and is the more commonacute leukemia amongadults; it is the form usually associated with
`
`irradiation as a causative agent.
`
`Chronic leukemias are described as being lymphocytic (CLL) or myelocytic (CML).
`
`CLLis characterized by the appearance of mature lymphocytes in blood, bone marrow, and
`
`lymphoid organs. The hallmark of CLL is sustained, absolute lymphocytosis (> 5,000/uL)
`
`and an increase of lymphocytes in the bone marrow. Most CLL patients also have clonal
`
`expansion of lymphocytes with B-cell characteristics. CLL is a disease of older persons. In
`
`CML,the characteristic feature is the predominance of granulocytic cells of all stages of
`
`differentiation in blood, bone marrow,liver, spleen, and other organs. In the symptomatic
`
`10
`
`patient at diagnosis the total WBC countis usually about 200,000/nL, but may reach
`
`1,000,000/uL. CMLis relatively easy to diagnose because of the presence of the
`
`Philadelphia chromosome.
`
`The very nature of hematopoietic cancer necessitates using systemic chemotherapy
`
`as the primary treatment modality, and radiation therapy may be used as an adjunctto treat
`
`15
`
`local accumulations of leukemic cells. Surgery is rarely indicated as a primary treatment
`
`modality, but may be used in managing some complications. Bone marrow transplantation
`from an HLA-matched sibling is sometimesindicated.
`
`2.2.6. COLORECTAL CANCERS
`
`20
`
`In 1999, the incidence of colorectal cancer in the United States was 129,400 cases.
`
`In Westem countries, cancers of the colon and rectum account for more new cases of cancer
`than those of any other anatomic site except the lung. The Merck Manual 852 (16" ed.
`1992). Most colorectal cancers are adenocarcinomas.
`
`Despite the enormous numberof deathsattributed to colorectal cancers, their
`
`25
`
`specific mechanism remains unknown. It is known, however, that cancers of the colon and
`
`rectum spread in at least five ways: directed extension through the bowelwall;
`hematogenous metastases; regional lymph node metastases; perineural spread; and
`intraluminal metastases.
`/d.
`
`30
`
`Primary treatment of colorectal cancers typically includes surgery. Manypatients,
`however, must also be treated with a combination of radiation and chemotherapy. As of
`1992, the most effective chemotherapy regime consisted of the administration of
`
`5-fluorouracil (SFU) and methyl-CCNU. Jd.
`
`2.3.
`
`
`CANCER TREATMENTS
`
`35
`
`In recent years, advances in medicine and pharmacology have produced an
`enormous numberof cancer treatments using a wide variety of small and large molecule-
`based drugs.
`
`-5-
`
`DCI - 322753.1
`
`ALVOGEN, Exh. 1052, p. 0006
`
`
`
`
`
`ALVOGEN, Exh. 1052, p. 0006
`
`

`

`
`
`
`
`2.3.1. THALIDOMIDE AND THALIDOMIDE ANALOGUES
`
`Thalidomide is a racemic compound sold under the tradename THALOMID® and
`chemically named a-(N-phthalimido)glutarimide or 2-(2,6-dioxo-3-piperidinyl)-1/-
`isoindole-1,3(2//)-dione. Thalidomide wasoriginally developed in the 1950's to treat
`morning sickness, but due to its tetragenic effects was withdrawn from use. Thalidomide is
`
`now indicated in the United States for the acute treatment of the cutaneous manifestations of
`erythema nodosum leprosum. Physicians’ Desk Reference, 1154-1158 (56" ed., 2002).
`Because its administration to pregnant women can cause birth defects, the sale of
`
`thalidomideis strictly controlled. Jd. Thalidomide has reportedly been usedto treat other
`diseases, such as chronic graft-vs-host disease, rheumatoid arthritis, sarcoidosis, several
`inflammatory skin diseases, and inflammatory bowel disease. See generally, Koch, H.P.,
`Prog. Med. Chem. 22:165-242 (1985). See also, Moller, D.R., et al., J. Immunol. 159:5157-
`5161 (1997); Vasiliauskas, E.A., ef al., Gastroenterology 117:1278-1287 (1999);
`Ehrenpreis, E.D., et al., Gastroenterology 117:1271-1277 (1999). It has further been
`alleged that thalidomide can be combined with other drugs to treat iscehemia/reperfusion
`associated with coronary and cerebral occlusion. See U.S. Patent No. 5,643,915, which is
`
`incorporated herein by reference.
`
`Oneof the most therapeutically significant uses of thalidomideis in the treatment of
`cancer. The compoundhasreportedly been investigated in the treatment of various types of
`cancer, such as refractory multiple myeloma,brain, breast, colon, and prostate cancer,
`melanoma, mesothelioma, and renal cell carcinoma. See, e.g., Singhal, S., et al., New
`England J. Med. 341(21):1565-1571 (1999); and Marx, G.M., et al., Proc. Am. Soc. Clin.
`Oncology 18:454a (1999). Thalidomide reportedly can also be used to preventthe
`development of chronic cardiomyopathy in rats caused by doxorubicin. Costa, P.T., et al.,
`Blood 92(10:suppl. 1):235b (1998). Other reports concerning the use of thalidomide in the
`treatment of specific cancers include its combination with carboplatin in the treatment of
`globlastoma multiforme. McCann,J., Drug Topics 41-42 (June 21, 1999). Thalidomide
`has reportedly also been used as an antiemetic during the treatment of astrocytoma. Zwart,
`D., Arzneim.-Forsch. 16(12):1688-1689 (1966). The use of thalidomide in combination
`with dexamethasonereportedly waseffective in the treatmentof patients suffering from
`multiple myeloma whoalso received, as supportive care, human granulocyte colony-
`stimulating factor (G-CSF), ciprofloxacin, and non-absorbable antifungal agents. Kropff,
`M.H., Blood 96(11 part 1):168a (2000); see also, Munshi, N. et al., Blood 94(10 part
`1):578a (1999). Other chemotherapy combinations that comprise thalidomideare disclosed
`in International Application No. PCT/US01/15326 to R. Govindarjan and A. Zeitlan, and in
`International Application No. PCT/US01/15327 to J.B. Zeldis,et al.
`
`10
`
`15
`
`20
`
`25
`
`30
`
`35
`
`-6-
`
`DC1 - 322753.1
`
`ALVOGEN, Exh. 1052, p. 0007
`
`
`
`ALVOGEN, Exh. 1052, p. 0007
`
`

`

`
`
`
`
`While thalidomide maybe used to treat some formsof cancer, reports concerningits
`ability to treat others, such as melanoma andbreast, lung, and ovarian cancer have been
`
`disappointing. D'Amato, R.J., et al., Seminars in Oncology 28(6):597-601 (2001). The
`reasons why thalidomide works well in the treatment of some cancer but notin the
`
`treatment of othersarestill unclear, as the mechanism by which thalidomideactsisstill
`under investigation. See, e.g., Moreira, A.L., et al., J. Expr. Med. 177:1675-1680 (1993);
`McHugh,S.M., et al., Clin. Exper. Immunol. 99:160-167 (1995); and Moller, D.R., et al., J.
`
`Immunol. 159:5157-5161 (1997). For example, thalidomide is knownto be an
`antiangiogenic agent that can suppress tumornecrosis factor ao (TNF-a) and interleukin-12
`(IL-12) production. See, e.g., Moller, D.R., et al., J. Immunol. 159:5157-5161 (1997);
`Moreira, A.L., et al., J. Exp. Med. 177:1675-1680 (1993); Zwingenberger, K. and Wnendt,
`S., J. Inflammation 46:177-211 (1996); U.S. Patent Nos. 5,593,990, 5,629,327, and
`
`5,712,291 to D'Amato and U.S. Patent No. 5,385,901 to Kaplan. However,in vitro studies
`of multiple myelomacells suggest that the activity of thalidomide with respect to that form
`of cancer is not due to TNF-a inhibition. D'Amato, R.J., et al., Seminars in Oncology
`28(6):597-601 (2001).
`
`Reports are varied with regard to thalidomide's effect on the production of other
`proteins. See, e.g., McHugh, S.M., et al., Clin. Exp. Immunol. 99:160-167 (1995). For
`example, thalidomide reportedly decreases the production of human granulocyte-
`macrophage colony-stimulating factor (GM-CSF) in somein vitro tests. See, e.g., Joseph,
`I.B.J.K., Isaacs, J.T., J. Natl. Cancer Inst., 90(21):1648-1653 (1998); Kakimoto,T., ef al.,
`Blood 96(11 part 2):289b (2000). However, studies have shownthat thalidomide does not
`affect the production of GM-CSFin vivo. Moreira, A.L., et al., Brazilian J. Med. Biol. Res.
`30(10):1199-1207 (1977). Still other studies have suggested that thalidomide mayaffect
`mechanismsrelated to epithelial or endothelial function or growth, and that thalidomide can
`increase the amountofin vitro cell differentiation induced by rhGM-CSFin human
`leukemia cells. D'Amato M., et al., Proc. Natl. Acad. Sci. 91:4082-4085(1994); Ural, A.U.,
`et al., Blood 98(11 part 2):182(b) (2001). Citing in vitro studies using chronic lymphocytic
`leukemia (CLL)cells, other researchers have suggested that thalidomide influences antigen
`expression. Venugopal, V., et al., Blood 96(11 part 2): 232b (2000).
`Given the wide range of pharmacologicaleffects attributed to thalidomide, perhaps
`it is not surprising that the administration of the compound to humansis attended by various
`adverse effects. Examples of adverse effects associated with thalidomide include, but are
`not limited to, drowsiness and somnolence, dizziness and orthostatic hypotension,
`neutropenia, increased HIV-viral load, bradycardia, Stevens-Johnson Sydromeand toxic
`epidermal necrolysis, and seizures (e.g., grand mal convulsions). Physicians’ Desk
`
`10
`
`15
`
`20
`
`25
`
`30
`
`35
`
`-7-
`
`DC1 - 322753.1
`
`ALVOGEN, Exh. 1052, p. 0008
`
`
`
`ALVOGEN, Exh. 1052, p. 0008
`
`

`

`
`
`Reference, 1155-1156 (56" ed., 2002). In some cases, such adverse effects can be dose
`limiting or, at the very least, reduce patient compliance.
`
`In an effort to provide compoundsthat havegreater therapeutic safety and efficacy
`
`than thalidomide, researches have begun investigating a large numberof other compounds,
`
`some of which are derivatives of thalidomide. See, e.g., Marriott, J.B., et al., Expert Opin.
`Biol. Ther. 1(4):1-8 (2001). Examples include, but are not limited to, the substituted 2-(2,6-
`dioxopiperidin-3-yl) phthalimies and substituted 2-(2,6-dioxopiperidin-3-yl)-1-
`
`oxoisoindoles described in United States Patent Nos. 6,281,230 and 6,316,471, both to
`
`G.W. Muller, et a/. While many such compounds have shown promise as therapeutic
`
`10
`
`agents, their mechanismsofaction and effectiveness, particularly when used in combination
`
`with other anti-cancer drugs,is still under investigation.
`
`2.3.2. LARGE MOLECULES
`
`Attempts to treat or manage various forms of cancer have also been made using
`large molecules, such as proteins. For example, growth factors and cytokines including
`
`15
`
`interleukin-2 (IL-2), IL-12, G-CSF, and GM-CSF have been administered alone and in
`
`combination with various other drugs to cancer patients. In fact, recombinant forms of
`G-CSF and GM-CSFare currently sold in the United States for the treatment of symptoms
`associated with specific chemotherapies. A recombinant form of G-CSF knownas
`filgrastim is sold in the United States under the trade name NEUPOGEN®,andis indicated to
`
`20
`
`decrease the incidenceof infection, as manifested by febrile neutropenia, in patients with
`nonmyeloid malignancies receiving myelosuppressive anti-cancer drugs associated with a
`
`significant incidence of severe neutropenia with fever. Physicians' Desk Reference, 587-
`592 (56" ed., 2002). A recombinant form of GM-CSF knownas sargramostim is also sold
`in the United States under the trade name LEUKINE®, LEUKINE®is indicated for use
`
`25
`
`following induction chemotherapy in older adult patients with acute myelogenous leukemia
`(AML)to shorten time to neutrophil recovery. Physicians' Desk Reference, 1755-1760 (56"
`ed., 2002).
`
`Although both are colony stimulating factors, G-CSF and GM-CSFaredistinct
`
`30
`
`35
`
`proteins with different physical, chemical, and biological properties. Metcalf, D., Blood
`67(2):257-267 (1986). For example, GM-CSFstimulates granulocyte and macrophage
`colony formation and, at high concentrations, eosinophil, megakaryocyte, and erythroid
`colony formation.
`/d. at 258. On the other hand, G-CSF, at low concentrations, stimulates
`exclusively the formation of granulocytic colonies that are characterized by their small
`average size, their maturity, and their relatively small total numbers.
`/d. at 259.
`The administration of G-CSF and GM-CSFto specific patient populations is well
`documented. For example, it has been reported that the colony simulation factor G-CSF
`
`-8-
`
`DCI - 322753.1
`
`ALVOGEN, Exh. 1052, p. 0009
`
`
`
`ALVOGEN, Exh. 1052, p. 0009
`
`

`

`
`
`reduced neutropenia and the severity of severe infections in elderly AML patients whenit
`was administered to them following chemotherapy using various combinationsof drugs,
`such as CHOP(i.e., cyclophosphamide, doxorubicin, vincristine, and prednisone) and
`cytarabine in combination with daunorubicin or idarubicin. Bokemeyer, C., et al.,
`5 Onkologie 25:32-39 (2002). Children suffering from neutropenia reportedly have also been
`treated with G-CSF. Lehrnbecher, T., Brit. J. Haematol. 116:28-56 (2002). In addition,
`patients suffering from locally advanced breast cancer were reportedly treated with
`GM-CSFin combination with doxorubicin and cyclophosphamide, and both G-CSF and
`
`GM-CSFcan reportedly accelerate the recovery of normal granulopoiesis after intensive
`10 initial cytotoxic chemotherapy for acute leukemia. Luykx-de Bakker, S.A., et al., Annals of
`
`Oncology 10:155-160 (1999); Bradsock, K.F., Current Pharm. Design 8:343-355 (2002).
`
`However,the final role these cytokines should play in the treatment of acute leukemia
`
`remains controversial. Bradsock, K.F., Current Pharm. Design 8:343-355 (2002).
`
`The controversy surrounding the use of growth-factors and cytokines such as G-CSF
`
`15 and GM-CSFis rooted not just in their expense, which can be significant. It is also based
`on reports that the proteins may be ineffective and even harmful when used in combination
`
`with other drugs. For example, an attempt to use GM-CSFto reduce the hematologic
`
`toxicity and morbidity induced by chemoradiotherapy in limited stage small-cell lung cancer
`(SCLC)actually increased the frequency and duration of life-threatening thrombocytopenia.
`
`20 Bunn, P.A., et al., J. Clin. Oncology 13(7):1632-1641 (1995). Worse, patients who
`
`received GM-CSFhad significantly more toxic deaths, more nonhematologic toxicities,
`
`more days in the hospital, a higher incidence of intravenousantibiotic usage, and more
`
`transfusions. Jd. Indeed, contrary to predictions that G-CSF and GM-CSF would enable the
`
`administration of higher dosages of chemotherapteutics to patients suffering from SCLC,
`
`25 numerous investigations have demonstrated that they do not. Osterlind, K., Eur. Respir. J.
`
`18:1026-1043 (2001).
`
`Findings such as these emphasize what is already evident from the cancerliterature,
`
`namely that while scientists’ understanding of cancer and the pharmacological effects of
`
`various anti-cancer drugs is improving,it is still difficult-if not impossible—to predict ab
`
`30 initio the effect a particular combination of drugs may have on a given form ofcancer.
`
`Consequently, continued research is necessary to provide new cancer therapies that are safe
`
`andeffective.
`
`3.
`
`SUMMARYOF THE INVENTION
`
`35
`
`This invention is based, in part, on the realization that certain small molecules,
`
`which are referred to herein as “small molecule-based active agents,” can be combined with
`
`large molecules (e.g., proteins) to treat and/or manage various forms of cancer. Particular
`
`-9-
`
`DC] - 322753.1
`
`ALVOGEN, Exh. 1052, p. 0010
`
`
`
`
`
`ALVOGEN, Exh. 1052, p. 0010
`
`

`

`
`
`small molecule-based active agents include, butare not limited to, analogues and
`derivatives of thalidomide.
`Consequently, the invention encompasses a method oftreating cancer which
`comprises administering to a patient in need of such treatmenta therapeutically effective
`amount of a small molecule-based active agent, or a pharmaceutically acceptablesalt,
`solvate, hydrate, clathrate, or prodrug thereof and a therapeutically effective amount ofa
`growth-factor or cytokine, such as, but not limited to, IL-2, interleukin-10 (IL-10),
`interleukin-12 (IL-12), interleukin-18 (IL-18), G-CSF, GM-CSF,and erythropoietin (EPO).
`The invention also encompasses a method of managing cancer(e.g., preventing or
`prolongingits recurrence, or lengtheningthe time of remission) which comprises
`administering to a patient in need of such management a therapeutically effective amount of
`a small molecule-basedactive agent, or a pharmaceutically acceptable salt, solvate, hydrate,
`clathrate, or prodrug thereof and a therapeutically effective amount of a growth-factor or
`
`cytokine.
`This invention further encompasses pharmaceutical compositions, single unit dosage
`forms, and kits which comprise a small molecule-based active agent, or a pharmaceutically
`acceptable salt, solvate, hydrate, clathrate, or prodrug thereofand a large molecule(e.g., a
`protein such as a growth-factor or cytokine).
`
`10
`
`15
`
`20
`
`4.
`
`
`DETAILED DESCRIPTION OF THE INVENTION
`
`This invention is based, in part, on the understanding that various cancers can be
`effectively treated or managed by using a small molecule-based active agent in combination
`with certain large molecules, such as proteins (e.g., growth-factors, cytokines, and cytokine
`derivatives). Without being limited by theory,it is believed that certain small molecule-
`based active agents and proteins can act in complementary or synergistic ways on tumor
`cells. It is also believed that certain proteins may reduce or eliminate particular adverse
`effects associated with some small molecule-based active agents, thereby allowing the
`administration of larger amounts of small molecule-based active agents to patients and/or
`increasing patient compliance.
`It is further believed that some small molecule-based active
`agents may reduceoreliminate particular adverse effects associated with someprotein-
`based cancer therapies, thereby allowing the administration of larger amounts of protein to
`patients and/or increasing patient compliance.
`A first embodiment of the invention encompasses a methodoftreating cancer,
`which comprises administering to a patient in need of such treatment a therapeutically
`effective amount of a small molecule-based active agent, or a pharmaceutically acceptable
`salt, solvate, hydrate, clathrate, or prodrug thereof, and a therapeutically effective amount of
`a protein, a fusion protein thereof, or a vaccine that secretes the protein, wherein the protein
`
`25
`
`30
`
`35
`
`-10-
`
`DC1 - 322753.1
`
`ALVOGEN, Exh. 1052, p. 0011
`
`
`
`ALVOGEN, Exh. 1052, p. 0011
`
`

`

`
`
`is IL-2, IL-10, IL-12, IL-18, G-CSF, GM-CSF, EPO,or a pharmacologically active mutant
`
`or derivative thereof.
`
`Another embodimentof the invention encompasses a method of managing cancer,
`which comprises administering to a patient in need of such management a prophylactically
`effective amount of a small molecule-based active agent, or a pharmaceutically acceptable
`salt, solvate, hydrate, clathrate, or prodrug thereof, and a therapeutically effective amount of
`a protein, a fusion protein thereof, or a vaccine that secretes the protein, wherein the protein
`is IL-2, IL-10, IL-12, IL-18, G-CSF, GM-CSF, EPO,or a pharmacologically active mutant
`
`or derivative thereof.
`
`10
`
`In specific methods of the invention, the canceris of the bladder, bone or blood,
`brain, breast, cervix, chest, colon, endrometrium, esophagus, eye, head, kidney,liver, lymph
`
`nodes, lung, mouth, neck, ovaries, pancreas, prostate, rectum, stomach,testis, throat, or
`
`uterus.
`
`Another embodiment of the invention encompasses a method of reducing or
`
`15
`
`avoiding an adverse effect associated with the administration of a small molecule-based
`active agent to a patient suffering from cancer, which comprises administering to a patient
`
`in need of such reduction or avoidance a therapeutically or prophylactically effective
`amount of a protein, a fusion protein thereof, or a vaccine that secretes the protein, wherein
`the protein is IL-2, IL-10, IL-12, IL-18, G-CSF, GM-CSF, EPO,or a pha

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket