I understand your anger and sadness but it is important that people learn from this experience. The fact that the chondroitinase composition of matter and processing patents have been spread out over multiple companies is probably the main reason why few companies have been willing to invest in clinical trials of chondroitinase for spinal cord injury. A composition of matter patent (such as the original patent describing the source of a material or the gene) is sometimes called a “blocking” patent because a company that holds such a patent can block anybody from producing and marketing the material without their permission. A processing patent is less strong because anybody can tweak the process a bit and claim that they have invented a new and different process. A use patent is the weakest of all patents. While the original company may not be able to market chondroitinase to treat spinal cord injury, the company owning the composition-of-matter patent can block another company’s use, production, or marketing of the chondroitinase.
One way that Acorda can get around a blocking composition of matter patent is to create new (i.e. mutant) forms of chondroitinase that may be less immunogenic and more effective, develop these, produce them, and take them to trial. I use to sit on the board of Acorda but stepped down last year and cannot discuss confidential board information. However, the following is public information. Acorda is a public for-profit commercial company with obligations to their shareholders. In 2010, Acorda held two chondrotinase related U.S. patents (
http://www.wikinvest.com/stock/Acord...Chondroitinase), one issued Australian patent, and approximately 40 pending chondroitinase patent applications involving fusion proteins, deletion mutants, and chondroitinase ABCI mutate enzymes, methods of use, and novel chondroitinase compositions. Acorda is investing seriously into developing better forms of chondrointase for clinical trial. I have told Acorda that I would be very happy to take their best form of chondroitinase to clinical trial.
What can the community do about this situation? If there were a group of deep-pocketed “spinal cord injury community investors”, a consortium can be formed to license the patents from the various commercial entities and then find or fund a company to take the original chondroitinase to clinical trial. This is not an inexpensive proposition and depends on the willingness of the parties to cooperate. There is also a veritable thicket of chondroitinase patents out there. Once the appropriate licenses have been obtained, a production team and facilities must be established and funds must be made available to manufacture and test clinical grade chondroitinase for preclinical and clinical studies. The production process and facilities must be approved by the FDA and detailed studies must be done to ensure that the treatment is safe. Because it is the first time that chondroitinase would have been taken to clinical trial in spinal cord injury, the FDA is likely to require a full set of safety and product studies. Injecting the enzyme into a spinal disc is not the same as injecting it into the spinal cord and the FDA will have much more stringent purity criteria for the spinal cord. If a very good team is formed to do this, I think that chondroitinase can be available for trial in 3 years for about $5 million.
The other option is to wait, which is what I am doing for the following reasons. First, I believe that the new forms of chondroitinase will be better, more potent, and less immunogenic (hence safer). For example, you really don’t want to be filling fresh enzyme into a pump every week, find out that the drug causes arachnoiditis or meningitis (inflammation of the arachnoid and meninges), or cause autoimmune problems, etc. Second, more animal studies are being done by many laboratories, testing combinations of chondroitinase with other therapies and cell transplants. Each of these studies will help improve the design of a chondroitinase study. Third, within a year, we will know whether or not umbilical cord blood mononuclear cells and lithium improve walking recovery in people with chronic spinal cord injury. If it does, we have a perfect combination therapy to add chondroitinase to. Finally, people are looking at other therapies that may do the same thing or more than chondroitinase. If it turns out that the CSPG receptor blocker, Cethrin, or even Ibuprofen is better, that is great.
Wise.