Myeloma Morning: MorphoSys Sues, Claims Darzalex Infringes Patent; And CUDC-907

Good morning, myeloma world.
It's just Tuesday, and already the week is getting interesting. We'll be reporting on just two myeloma-related news items today, but one of them is the kind of news we don't see here at Myeloma Morning very often.
In particular, the German biotech company MorphoSys has sued Janssen Biotech and Genmab, the two companies that have developed and marketed Darzalex (daratumumab). MorphoSys contends that sales of Darzalex infringe on a MorphoSys patent.
In addition, we report on a study that came out last week with results of a Phase 1 trial testing CUDC-907, an investigational drug, in relapsed lymphoma and multiple myeloma patients. Based on results of the trial, the company developing CUDC-907 plans to test it further in patients with a specific type of lymphoma. The company has not publicly said what its plans are regarding further development of the drug as a potential treatment for multiple myeloma.
MorphoSys Sues, Claims Darzalex Infringes One Of Its Patents
The German biotech company MorphoSys yesterday filed a patent infringement suit related to Darzalex (see related MorphoSys press release). The suit was filed in the United States District Court for Delaware.
MorphoSys is seeking damages from Janssen Biotech, a division of Johnson & Johnson, and the Danish company Genmab, due to the manufacturing, marketing, and use of Darzalex. These activities, MorphoSys claims, infringes its U.S. patent 8,263,746, “Anti-CD38 human antibodies and uses thereof.”
Before we say anything else, we should make it clear that this suit will have no immediate impact on the availability of Darzalex. The filing of the suit is just the first step in a process that is likely to extend over several years. Moreover, it is highly unlikely – again, highly unlikely – that at any point during the suit, or after its conclusion, Darzalex will become unavailable due to this legal matter.
Darzalex initially was developed by Genmab, but the drug is now marketed by Janssen under an agreement it has with Genmab. Darzalex was approved by the U.S. Food and Drug Administration last November for the treatment of relapsed multiple myeloma, and is expected to be approved in Europe within three months for a similar use.
Darzalex is a CD38 monoclonal antibody therapy, meaning that it attacks myeloma cells by taking advantage of the fact that the cells have CD38 proteins on their surface. The MorphoSys patent mentioned in its suit is related to therapies that work in this way.
MorphoSys itself has been developing a CD38 monoclonal antibody, known as MOR202, for the treatment of multiple myeloma. MorphoSys agreed in 2013 to develop MOR202 together with the U.S. pharmaceutical company Celgene, which markets the myeloma therapies Revlimid (lenalidomide), Pomalyst (pomalidomide, Imnovid), and thalidomide (Thalomid). Celgene and MorphoSys ended the MOR202 development agreement, however, last year.
The French pharmaceutical company Sanofi also is developing a CD38 monoclonal antibody, isatuximab (SAR650984), for the treatment of multiple myeloma.
We spoke to investment analyst Michael Novod, Director of Healthcare Equity Research at the Swedish financial services company Nordea, about the MorphoSys lawsuit. Mr. Novod covers Genmab for Nordea and recently wrote a research note about the MorphoSys suit.
Mr. Novod said that, given how early it is in the process, not many details about the merits of the MorphoSys case are known. In his opinion, however, it would be surprising if the suit had a high likelihood of success. Johnson & Johnson almost certainly did extensive due diligence prior to its agreement with Genmab to acquire global marketing rights for Darzalex.
Mr. Novod also emphasized that MorphoSys is not arguing in its lawsuit that any Genmab patents related to Darzalex are invalid (and there are many Genmab patents related to Darzalex). Instead, the MorphoSys lawsuit claims only that Janssen and Genmab are infringing on a MorphoSys patent.
If over time MorphoSys's patent claim is found to have some merit, Mr. Novod says that previous cases that are similar suggest that MorphoSys probably would gain the right to a royalty on Darzalex sales in the low single to middle single digit percentage point range.
A representative of Janssen told The Beacon that Janssen and Johnson & Johnson “disagree with the allegations made by MorphoSys in its complaint for patent infringement related to CD38 antibodies, and we intend to vigorously contest those allegations.”
A Genmab representative said that the company does not comment on ongoing litigation, but it supports the assessment of its partner, Janssen, in terms of disagreeing with the allegations made by MorphSys in its complaint for patent infringement related to CD38 antibodies.
MorphoSys spokeswoman Claudia Gutjahr-Löser told The Beacon that, due to legal considerations, she could not say much about her company's lawsuit. When asked, however, about the timing of the lawsuit – which occurred after Darzalex had been under development for a number of years – Dr. Gutjahr-Löser said that MorphoSys could not legally demonstrate injury due to patent infringement until Darzalex was FDA approved and being sold on the market.
Dr. Gutjahr-Löser also noted that the lawsuit was motivated by the desire to protect the intellectual property rights of MorphoSys scientists. MorphoSys will continue to develop its proprietary antibody MOR202 for patients suffering from multiple myeloma and other diseases.
Results of CUDC-907 Phase 1 Clinical Trial
A group of U.S. researchers last week reported results from a Phase 1 clinical trial testing CUDC-907 as a potential treatment for relapsed lymphoma and multiple myeloma (abstract). Based on the results of the trial, the company developing CUDC-907 has decided to test the drug further in a Phase 2 trial for patients with diffuse large B-cell lymphoma (press release). It is not clear at this time whether there are any immediate plans to investigate the drug further as a treatment for multiple myeloma.
CUDC-907 is a unique drug in that it belongs to two classes of therapies. It is an HDAC inhibitor and a PI3K inhibitors. Farydak (panobinostat), which was approved last year by the FDA as a new treatment for multiple myeloma, is an HDAC inhibitor. Zydelig (idelalisib), which is used to treat a form of leukemia, is a type of PI3K inhibitor.
The study published last week summarizes results of the dose escalation phase of a Phase 1 trial testing CUDC-907 in 44 relapsed lymphoma and myeloma patients. To participate in the trial, patients had to have had two previous treatment regimens.
There were only four multiple myeloma patients in the trial. These four patients were heavily pretreated, having had a median of 7 prior lines of therapy. Two of the four patients achieved stable disease in response to CUDC-907 treatment. In one case, the stable disease lasted for an extended period of time. The other two myeloma patients did not register a response to CUDC-907 treatment; their disease progressed further.
Across all patients in the study, the most common serious side effects observed during the trial were low platelet levels, low neutrophil levels, and high blood sugar levels. The drug showed evidence of efficacy in a subgroup of lymphoma patients with diffuse large B-cell lymphoma (DLBCL), and Curis, the company developing CUDC-907, has said that it will conduct a Phase 2 trial of the drug in patients with that form of lymphoma.
Curis has not said whether it has any plans to develop CUDC-907 further as a treatment for multiple myeloma. The issue is not addressed in the press release the company issued in regard to publication of the Phase 1 trial results, and company representatives did not respond to an email from The Beacon asking about the firm's plans for CUDC-907 in multiple myeloma.
That said, myeloma specialist Dr. Paul Richardson of the Dana-Farber Cancer Institute, writing in an editorial accompanying the CUDC-907 study, suggests it would make sense to further investigate CUDC-907 in multiple myeloma. He notes that there were some responses to the drug among the myeloma patients in the trial, even though the patients had been heavily pretreated. In addition, drugs such as CUDC-907 often work better in combination with other myeloma therapies, and this should be explored.
In particular, Dr. Richardson wrote that:
“The primary emphasis for the future of CUDC-907 will be for the treatment of DLBCL, but these data suggest that further exploration of this agent in combination with other drugs for the treatment of relapsed or refractory multiple myeloma might be useful …
“In the patients with myeloma, stable disease was reported, which, given their relapsed or refractory characteristics and previous exposure to HDAC inhibitors, suggests that this particular oral agent in combination with other drugs might be of particular interest in relapsed or refractory myeloma. Specifically, combinatorial strategies have shown substantial benefit, with stable disease seen with monotherapy with other oral agents such as panobinostat [Farydak], vorinostat [Zolinza], and next-generation HDAC inhibitors including ricolinostat. Thus the promise of this particular oral agent extends beyond the lymphomas, and given the attractive aspects of its biology, broader studies are warranted.”
(According to a presentation poster from last year's annual meeting of the American Society of Clinical Oncology, at least 9 multiple myeloma patients were enrolled in both the dose escalation and extension phase of the CUDC-907 Phase 1 clinical trial. Responses for three of the patients were not evaluable at the time the poster was prepared. Among the other six patients for whom response data were available, four achieved stable disease as a best response, and two experienced disease progression.)
New Myeloma-Related Research Articles
- Gupta, N. et al., “Exposure-safety-efficacy analysis of single-agent ixazomib, an oral proteasome inhibitor, in relapsed/refractory multiple myeloma: dose selection for a phase 3 maintenance study” in Investigational New Drugs, April 2, 2016 (full text)
- Younes, A. et al., “Safety, tolerability, and preliminary activity of CUDC-907, a first-in-class, oral, dual inhibitor of HDAC and PI3K, in patients with relapsed or refractory lymphoma or multiple myeloma: an open-label, dose-escalation, phase 1 trial” in Lancet Oncology, March 31, 2016 (abstract)
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Greetings: Although the article states it is believed that availability of daratumumab will not be affected by the patent infringement suit, has availability of drugs been affected in the past over similar type suits? Just curious if anyone knows. I am currently on daratumumab and my options are slim at this point in time. Thanks.