Originally published July 19.
PGxHealth, a division of Clinical Data, has filed suit against two chemical distributors for infringing the primary active ingredient of its coronary vasodilator Stedivaze, which is currently in Phase III trials.
In two suits filed last week in the US District Court for the District of Massachusetts, PGxHealth charged Toronto Research Chemicals and Santa Cruz Biotechnology for infringement because they both market the compound apadenoson, the primary ingredient of Stedivaze, a coronary vasodilator that the company is developing for myocardial perfusion imaging in patients suspected to have coronary artery disease but unable to undergo stress testing.
PGxHealth said that it holds an exclusive license to US Patent No. 6,232,297, “Methods and Compositions for Treating Inflammatory Response,” assigned to the University of Virginia.
The patent "is generally directed to compounds (such as apadenoson) and methods that can be used to treat a variety of inflammatory responses and other medical conditions," according to the complaints. "The compounds can also be used as vasodilators and are effective in a number of other medical applications."
PGxHealth alleges that both Toronto Research Chemicals and Santa Cruz Biotechnology sell "at least two versions" of apadenoson, including one version with the Chemistry Abstract System registration number CAS 250386-15-3 and the chemical formula C23H30N6O6.
This CAS registration number "corresponds to chemical structures that infringe one or more claims of the ‘297 patent," PGxHealth said.
The company is seeking a jury trial for both suits. It requested that the court find that both firms infringe the ‘297 patent, an award of triple damages as compensation for willful infringement, attorneys' fees and other costs, and the recall of any existing apadenoson made or sold by Santa Cruz and Toronto Research.