By Donald Zuhn --
Ryogen LLC recently announced that the U.S. Patent and Trademark Office had issued U.S. Patent Nos. 7,468,266 and 7,470,522. The '266 patent is directed to an isolated genomic polynucleotide encoding human lipoprotein-associated phospholipase A2, as well as vectors and host cells comprising such polynucleotides, antisense oligonucleotides to such polynucleotides, and methods for modulating human lipoprotein-associated phospholipase A2 levels in a subject using such polynucleotides. The '522 patent is directed to an isolated genomic polynucleotide encoding human resistin or human syntaxin binding protein 2, as well as vectors and host cells comprising such polynucleotides, antisense oligonucleotides to such polynucleotides, and methods for obtaining a polypeptide that inhibits insulin activity.
A search of the USPTO Patent Full-Text and Image Database indicates that the '266 and '522 patents are the Suffern, NY-based genetic company's second and third U.S. patents (see "Ryogen Announces Issuance of Patent on Soluble Aminopeptidase P Gene"). According to Ryogen's website, the company, which is a portfolio company of IP Holdings LLC, was formed for the purpose of licensing U.S. Patent Nos. 6,399,349 and 7,273,718.
In Ryogen's statement regarding the issuance of the two patents, Ryogen Chief Scientist (and named inventor on both patents) Dr. James Ryan noted that the proteins encoded by the claimed genes are "thought to play important roles in serious human diseases." In particular, human lipoprotein-associated phospholipase A2 is believed to play a central role in the development of atherosclerosis, serves as an independent risk factor for coronary artery disease, and its level of expression has been found to be altered in patients with systemic lupus erythematosis, stroke, and asthma. Resistin is believed to provide a link between obesity and Type 2 diabetes. Ryogen Executive Vice President Valeria Poltorak stated that Ryogen was "planning to license the newly issued patents and make these genes widely available for research to promote the development of new methods of genetic diagnostics and treatment."
The '266 patent issued on December 23, 2008 from U.S. Application No. 10/161,127, filed May 30, 2002, which claims the benefit of U.S. Provisional Application No. 60/294,404, filed May 30, 2001. Independent claims 1, 8, and 10 of the '266 patent recite:
(a) a polynucleotide which is at least 99% identical to the polynucleotide of SEQ ID NO:2, which encodes a polypeptide which is at least 99% identical to the amino acid sequence of SEQ ID NO:1, wherein said polypeptide has human lipoprotein-associated phospholipase A2 activity;
(b) a fragment of (a) comprising at least nucleotides 11967-30301, which encodes a polypeptide which is at least 99% identical to the amino acid sequence of SEQ ID NO:1, wherein said polypeptide has lipoprotein-associated phospholipase A2 activity; and
(c) the full complement of (a) or (b).
8. An isolated polynucleotide selected from the group consisting of (a) SEQ ID NO:2, which encodes lipoprotein-associated phospholipase A2 of SEQ ID NO:1; (b) a fragment of (a) comprising at least nucleotides 11967-30301 of SEQ ID NO:2, which encodes lipoprotein-associated phospholipase A2 of SEQ ID NO:1 and (c) the full complement of (a) or (b).
10. A method of identifying a polynucleotide of SEQ ID NO:2, which encodes a lipoprotein-associated phospholipase A2 of SEQ ID NO:1, or its complementary sequence comprising:
(a) isolating genomic DNA from a subject and
(b) determining the presence or absence of a polynucleotide identical to the polynucleotide of SEQ ID NO:2 in a subject by comparing the nucleotide sequence of SEQ ID NO:2 with the nucleotide sequence of the isolated genomic DNA.
The '522 patent issued on December 30, 2008 from U.S. Application No. 11/483,373, filed July 7, 2006, which claims the benefit of U.S. Provisional Application No. 60/697,815, filed July 9, 2005. Independent claims 1 and 12 recite:
(a) a nucleic acid molecule consisting of a nucleic acid sequence which has at least 99% identity to the nucleic acid molecule of SEQ ID NO: 3 and which encodes a polypeptide having the amino acid sequence of SEQ ID NO: 1, wherein said polypeptide inhibits the action of insulin;
(b) a fragment of the nucleic acid molecule of (a), said fragment comprising at least nucleotides 19611-20633 of SEQ ID NO: 3 and which encodes a polypeptide having the amino acid sequence of SEQ ID NO: 1, wherein said polypeptide inhibits the action of insulin, and;
(c) a nucleic acid molecule that is the full complement of the nucleic acid molecule of (a) or (b).
12. A method of identifying a nucleotide sequence variant of the 5'-noncoding region, 3'-noncoding region or intron region of SEQ ID NO: 3 or its complementary sequence comprising:
(a) isolating genomic DNA from a subject and
(b) determining the presence or absence of a nucleotide sequence variation in said genomic DNA by comparing the nucleotide sequence of SEQ ID NO: 3 with the nucleotide sequence of the isolated genomic DNA and establishing if and where a difference occurs between the two nucleic acid sequences thereby identifying a nucleotide sequence variant of SEQ ID NO: 3, or its complement.
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