Bioheart Patent Information


Product Candidates
MyoCell | MyoCath/MyoCath II | TGI 1200 | MyoCell SDF-1 | BioPace | Allocell | Bioheart RTX3370


Bioheart’s lead product candidate is MyoCell®, a muscle stem cell therapy that is intended to improve cardiac function months or even years after a patient has suffered severe heart damage due to a heart attack. The procedure involves a physician removing a small amount of muscle from the patient's thigh. From this muscle specimen, muscle stem cells (also called myoblasts) are then isolated, expanded using Bioheart's proprietary cell-culturing process, and injected directly into the scar tissue of the patient's heart. The cells are delivered by an endoventricular needle-injection catheter during a minimally invasive procedure performed by an interventional cardiologist or vascular surgeon. The muscle stem cells populate the regions of scar tissue and are intended to improve cardiac function by helping the heart muscle beat more efficiently. MyoCell is currently being investigated in a clinical trial called the MARVEL Trial, which is a randomized, double-blind, placebo-controlled, multi-center Phase II/III Trial involving 330 patients in North America and Europe, and is the largest trial of its kind to date. Enrollment in the MARVEL Trial began in October 2007, targeting patients who fall into Class II or III heart failure. The MARVEL Trial will further study the safety and efficacy of the minimally invasive MyoCell autologous stem-cell therapy in the treatment of congestive heart failure delivered via a MyoStar™ injection catheter, in combination with the NOGA® XP Cardiac Navigation System.

In addition to MyoCell, we have multiple cell therapies and related devices for the treatment of chronic and acute heart damage in various stages of development. We have also acquired the rights to use certain devices for the treatment of heart damage. We intend to allocate our capital, material and personnel resources among MyoCell and the other product candidates described below, a number of which may have complementary therapeutic applications. For each product candidate, we have developed or are in the process of developing a regulatory approval plan. Assuming such proposed plans are able to be followed, we do not anticipate that the regulatory approval of MyoCell will be necessary for our further development of our other product candidates.

Candidate
 
Proposed Use or Indication
 
Status/Phase
 
Comments
             
 MyoCell®
 
Autologous muscle stem cell therapy for the treatment of severe heart damage in heart failure patients
 
Phase I, Phase I/II and Phase II trials completed. Phase II/III underway
 
Prior MyoCell clinical trials include MYOHEART (20-patient U.S. Phase I dose-finding study) and SEISMIC (40-patient European Phase II-a safety study). MYOHEART and SEISMIC demonstrated no unexpected safety issues in this very sick patient population and suggested trends toward improvement in efficacy parameters.
MyoCath
 

Disposable endoventricular catheter used for the delivery of biological solutions to the myocardium.

 

Used in European Phase II clinical trials of MyoCell; used in Phase I clinical trials of MyoCell

 

Anticipate seeking certification to apply the CE Mark for commercial sale and distribution within the European Union in 2008 provided we enter into a long term manufacturing contract with an entity that satisfies the requirements of the International Standards
Organization.

TGI 1200  Adipose Tissue Processing System

 
 

Fully automated device for the rapid processing of patient derived fat tissue.

 

Tissue Genesis performing validation studies and preparing Device Master File.

 
 

Upon approval of IND application for Bioheart Acute Cell Therapy, anticipate seeking cost reimbursement for supplying TGI 1200 and related disposable kits for use in connection with Bioheart Acute Cell Therapy clinical trials, Tissue Genesis expects to file for 510(k) approval in the third quarter of 2008. 

Bioheart Acute Cell Therapy

 

Acute, autologous cell therapy treatment for acute MI.

 
Preclinical
 

Animal studies completed in the fourth quarter of 2007; subject to favorable test results and completion by Tissue Genesis of the Device Master File for TGI 1200 in the second quarter of 2008, anticipate filing IND application in the third quarter of 2008.

MyoCell® SDF-1

 

Autologous cell therapy treatment for severe chronic damage to the heart; cells modified to express angiogenic factors.

 

IND application filed in May 2007.

 

Upon approval of IND application and receipt of grant approval, anticipate commencing Phase I clinical trials during the second quarter of 2008.

MyoCath II

 

Second generation disposable endoventricular catheter modified to provide multidirectional cell injection and used for the delivery of biologic solutions to the myocardium.

 
 
Preclinical
 

Laboratory studies currently being conducted; commenced animal studies in the third quarter of 2007.

 
BioPace
 

Treatment of chronic abnormal heart rhythm due to electrical disturbances in the upper chambers of the heart.

 
 
Preclinical
 

Preclinical development by Bioheart.

 
Allocell   Allogenic cell-therapy treatment for severe chronic damage to the heart.   Preclinical   Preclinical development by Bioheart.
 
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MyoCell®

The human heart does not have cells that naturally repair or replace damaged heart muscle. Accordingly, the human body cannot, without medical assistance, repopulate regions of scar tissue within the heart with functioning muscle. MyoCell is a clinical therapy designed to improve cardiac function by populating regions of scar tissue within a patient's heart with myoblasts derived from a biopsy of a patient's thigh muscle. Myoblasts are precursors to muscle cells that have the capacity to fuse with other myoblasts or with damaged muscle fibers to regenerate skeletal muscle. When injected into scar tissue within the heart wall, myoblasts have been shown to be capable of engrafting in the damaged tissue and differentiating into mature skeletal muscle cells. In a number of clinical and animal studies, the engrafted skeletal muscle cells have been shown to express various proteins that are important components of contractile function. By using myoblasts obtained from a patient's own body, we believe MyoCell is able to avoid certain challenges currently faced by other cell based clinical therapies intended to be used for the treatment of chronic heart damage including tissue rejection and instances of the cells differentiating into cells other than muscle.

Our clinical research to date suggests that MyoCell may improve the contractile function of the heart. However, we have not yet been able to demonstrate a mechanism of action. The engrafted skeletal muscle tissues are not believed to be coupled with the surrounding heart muscle by the same chemicals that allow heart muscle cells to contract simultaneously. The theories regarding why contractile function may improve include:

  • the engrafted muscle tissue can contract in unison with the other muscles in the heart by stretching or by the channeling of electric currents;

  • the myoblasts acquire certain characteristics of heart muscle or fuse with them; and/or

  • the injected myoblasts release various proteins that indirectly result in a limit on further scar tissue formation.

As part of the MyoCell therapy, a general surgeon removes approximately five to ten grams of thigh muscle tissue from the patient utilizing local anesthesia, typically on an outpatient basis. The muscle tissue is then express-shipped to a cell culturing site. At the cell culturing site, our proprietary techniques are used to isolate and remove myoblasts from the muscle tissue. We typically produce enough cells to treat a patient within approximately 21 days of his or her biopsy. Such production time is expected to continue to decrease as we continue to refine our cell culturing processes. After the cells are subjected to a variety of tests, the cultured cells are packaged in injectate media and express shipped to the interventional cardiologist. Within four days of packaging, the cultured myoblasts are injected via catheter directly into the scar tissue of the patient's heart. The injection process takes on average about one hour and can be performed with or without general anesthesia. Following treatment, patients generally remain in the hospital for approximately 48- 72 hours for monitoring.

The MyoCell injection process is a minimally invasive procedure which presents less risk and considerably less trauma to a patient than conventional (open) heart surgery. Patients are able to walk immediately following the injection process and require significantly less time in the hospital compared with surgically treated patients. In the 70 patients who have received MyoCell injections delivered via percutaneous catheter, only two minor procedure-related events (2.9%) have been reported. In both cases, however, no complications resulted from the event, with the patients in each case remaining asymptomatic at all times during and after the procedure.

We use a number of proprietary processes to create therapeutic quantities of myoblasts from a patient's thigh muscle biopsy. We have developed and/or licensed what we believe are proprietary or patented techniques to:

  • transport muscle tissue and cultured cells;

  • disassociate muscle tissue with manual and chemical processes;

  • separate myoblasts from other muscle cells;

  • culture and grow myoblasts;

  • identify a cell population with the propensity to engraft, proliferate and adapt to the cardiac environment, including areas of scar tissue; and

  • maintain and test the cell quality and purity.

We have also developed and/or licensed a number of proprietary and/or patented processes related to the injection of myoblasts into damaged heart muscle, including the following:

  • package the cultured cells in a manner that facilitates shipping and use by the physician administering MyoCell;

  • methods of using MyoCath;

  • the use of an injectate media that assists in the engraftment of myoblasts;

  • cell injection techniques utilizing contrast media to assist in the cell injection process; and

  • cell injection protocols related to the number and location of injections.

Assuming we secure regulatory approval of MyoCell for the treatment of all NYHA Class II and NYHA Class III patients, we believe MyoCell will provide a treatment alternative for the millions of NYHA Class II and NYHA Class III patients in the United States and Europe who either do not qualify for or have access to heart transplant therapy. Furthermore, we anticipate that the time incurred and cost of identifying patients qualified to receive MyoCell as well as the cost of MyoCell, including any ICD, drug and bi-ventricular pacer therapies that are simultaneously prescribed, if any, will be less expensive than the current cost of heart transplant therapy. Moreover, MyoCell is less invasive than a heart transplant and is not subject to the tissue rejection and immune system suppression issues associated with heart transplants.

We believe there is still a large population of patients exhibiting symptoms consistent with NYHA Class II and NYHA Class III heart failure that is seeking an effective or more effective therapy for chronic heart damage than ICDs, bi-ventricular pacers and drug therapies. We hope to demonstrate that MyoCell is complementary to various therapies using ICDs, bi-ventricular pacers and drugs. In the MYOHEART and SEISMIC Trials, enrolled patients are required to have an ICD and to be on optimal drug therapy to be included in the study. While we do not require patients to have previously received a bi-ventricular pacer to participate in our clinical trials, we plan to accept patients in our MARVEL Trial who have had prior placement of a bi-ventricular pacer. We are hopeful that the results of our future clinical trials will demonstrate that MyoCell is complementary to existing therapies for treating heart damage.

MyoCath and MyoCath II

We believe MyoCath has the potential to be approved for commercial use with MyoCell and warrants testing for other commercial applications as well. MyoCath is a disposable endoventricular catheter used for the delivery of biologic solutions to a targeted treatment site within the myocardium, the inner wall of the heart. MyoCath provides for multiple injections to a pre-determined needle insertion depth with a single core needle of 25 gauge diameter that can be advanced and retracted from the tip of the catheter. MyoCath is intended for use with commercially available Becton-Dickinson 1 milliliter and 3 milliliter syringes. Although we hope to prove that MyoCell can be administered with a variety of different catheters, MyoCath has been specifically designed to be used for the delivery of MyoCell and has been used as the delivery mechanism in the majority of our clinical trials to date.

We are developing MyoCath II, a second generation catheter. MyoCath provides a modified injection needle which has a closed tip and side holes that result in multidirectional cell injection rather than injection solely from the tip of the needle. We are seeking to determine whether MyoCath II will increase the bioretention of the cells injected in the heart and disperse the cells more efficiently throughout the scar tissue. We commenced animal studies of MyoCath II in the third quarter of 2007. Tricardia, LLC has granted us a sublicenseable license to certain patents and patent applications covering the modified injection needle we intend to use as part of MyoCath II, which license is exclusive with respect to products developed under these patents for the delivery of therapeutic compositions to the heart.

It is our hope that MyoCath and/or MyoCath II will prove to be more cost effective than, and as safe and effective as, other catheters at delivering MyoCell. Although MyoCath and MyoCath II have been designed for use with MyoCell, we believe that there are a number of other clinical therapies to treat heart disease currently in development by other companies that could be delivered via MyoCath and/or MyoCath II including, gene, protein, cytokine and growth factor therapies. Three clinical trials have been initiated by biopharmaceutical companies and other institutions utilizing MyoCath to deliver growth factors in an effort to increase blood supply to a damaged heart.


TGI 1200 Adipose-Tissue Processing System and Bioheart Acute Cell Therapy

We are seeking to develop Bioheart Acute Cell Therapy, a patient derived cell therapy for the treatment of acute MI. Unlike MyoCell, which is intended to be used to treat severe heart damage months or even years after a heart attack, Bioheart Acute Cell Therapy is being designed to be used for the treatment of muscle damage immediately following a heart attack. We hope to demonstrate that the injection of endothelial progenitor and stem cells derived from fat tissue by the TGI 1200 is a safe and effective means of limiting or reversing some of the effects of acute MI and preventing or slowing a patient's progression from MI to CHF. Fat tissue is an abundant and readily available source of endothelial progenitor and stem cells and is easily extractable from a patient using minimally invasive techniques. If approved, we intend to market the Bioheart Acute Cell Therapy primarily to interventional cardiologists.

We have secured the exclusive, worldwide right to sell or lease to medical practitioners and related healthcare entities the following items for the treatment of acute MI:

  • TGI 1200 and certain disposable products used in conjunction with the TGI 1200, or the TGI Licensed Products;

  • the processes that use the TGI Licensed Products, or the TGI Licensed Processes; and

  • the cells derived using the TGI Licensed Products and/or TGI Licensed Processes.

The TGI 1200 system is a compact, fully automated cell isolation system for the rapid processing of patient-derived fat tissue to separate, isolate and produce large yields of endothelial progenitor cells and stem cells. The fat tissue is extracted from the patient using a minor liposuction-like procedure and processed using the TGI 1200. We anticipate that the TGI 1200 system will produce stem cells from adipose tissue within two hours.

We have developed a proposed pathway for seeking regulatory approval of Bioheart Acute Cell Therapy. Preclinical studies involving pigs testing the safety and efficacy of Bioheart Acute Cell Therapy commenced in the first quarter of 2007 at Indiana University and were completed in the fourth quarter of 2007. Assuming favorable preclinical test results and provided that Tissue Genesis completes its Device Master File for the TGI 1200 in the second quarter of 2008, we anticipate submitting to the FDA an IND with respect to Bioheart Acute Cell Therapy in the third quarter of 2008. Provided we secure FDA approval of the Phase I protocol set forth in the IND in the third quarter of 2008, we anticipate commencing Phase I trials of Bioheart Acute Cell Therapy in that quarter.

Until the TGI 1200 is readily available for research and clinical applications, we have been manually isolating and separating endothelial progenitor and stem cells from fat tissue using Tissue Genesis' TGI 100 Wound Dressing Kit and its related manual cell isolation techniques. We are currently in the process of negotiating a research agreement with Indiana University. To date, we have provided training as well as the TGI 100 Wound Dressing Kits and catheters to Indiana University for use in connection with these preclinical studies.

Tissue Genesis has finalized the design of the TGI 1200 and has completed validation studies demonstrating that the TGI 1200 produces a pulpy composition comparable to the TGI 100. It is our understanding that the TGI 1200 is now available for research and clinical applications. Tissue Genesis has informed us that it anticipates filing for 510(k) approval in the third quarter of 2008. Tissue Genesis has informed us that it has entered into an agreement for the manufacture of the TGI 1200. Upon approval of our IND application for Bioheart Acute Cell Therapy, we anticipate that we will seek cost reimbursement for supplying TGI 1200 and the related disposable kits for use in connection with our clinical trials of Bioheart Acute Cell Therapy.

TGI 1200 System
 

MyoCell® SDF-1

Our MyoCell SDF-1 product candidate, which has recently completed preclinical testing, is intended to be an improvement to MyoCell. In February 2006, we signed a patent licensing agreement with the Cleveland Clinic of Cleveland, Ohio which gave us exclusive license rights to pending patent applications in connection with MyoCell SDF-1. We expect this collaboration to give us access to the extensive underlying animal studies supporting the patent applications. In addition, in connection with our establishment of this relationship with the Cleveland Clinic, Dr. Marc Penn, the Medical Director of the Cardiac IntensiveCare Unit at the Cleveland Clinic and a staff cardiologist in the Departments of Cardiovascular Medicine and Cell Biology, joined our Scientific Advisory Board.

We anticipate that MyoCell SDF-1 will be similar to MyoCell, except that the myoblast cells to be injected will be modified prior to injection by an adenovirus vector or a non-viral vector so that they will release extra quantities of the SDF-1 protein, which expresses angiogenic factors. Following injury which results in inadequate blood flow to the heart, such as a heart attack, the human body naturally increases the level of SDF-1 protein in the heart. By modifying the myoblasts to express SDF-1 prior to injection, we are seeking to increase the SDF-1 protein levels present in the heart. We are seeking to demonstrate that the presence of additional quantities of SDF-1 protein released by the myoblasts will stimulate the recruitment of the patient's existing stem cells to the cell transplanted area and, thereafter, the recruited stem cells will assist in the tissue repair and blood vessel formation process. Preclinical animal studies showed a definite improvement of cardiac function when the myoblasts were modified to express SDF-1 protein prior to injection as compared to when the myoblasts were injected without modification.

We filed an IND application in May 2007 for Phase I clinical trials of MyoCell SDF-1 and received comments from the FDA in August and December 2007. Assuming FDA approval of the protocol for a Phase I Trial of MyoCell SDF-1 in the second quarter of 2008 and our receipt of certain grants which we have applied for, we hope to begin enrolling patients in the Phase I Trial during such quarter.

BioPace

BioPace is an autologous cell-based therapy intended to be used as a biological pacemaker for the treatment of sino-atrial nodal dysfunction disease, a disease in which the natural pacemaker cells of the heart do not properly function due to electrical disturbances in the upper chambers of the heart and which results in an abnormal heart rhythm. The sino-atrial node is the impulse generating tissue located in the right atrium of the heart. As part of the BioPace therapy, cells from the sinoatrial node are removed from the right atrium of a patient's heart and cultured in our temperature controlled cell culturing facility. These cells are cultured in vitro in a solution containing oxygen and nutrients. While the cells are being cultured, we anticipate the patient will receive an external pacemaker to pace the remaining portions of the patient's sino-atrial node. The cultured cells are then implanted into the myocardial tissue of the right ventricle to provide biological pacing for the heart. We are currently establishing a preclinical development plan for BioPace.

Allocell

We anticipate that Allocell will be similar to MyoCell, except that the myoblast cells to be injected will be taken from third party donors. Like MyoCell, we hope to demonstrate that allogenic myoblasts are a safe and effective treatment of severe heart damage. We anticipate that Allocell may be administered in conjunction with immunosuppressive drugs to reduce the risk of tissue rejection. We are exploring the storage life of myoblast cells and the feasibility of maintaining an inventory of Allocell from which interventional cardiologists can select to perform the myoblast implantation procedure.

We believe our license agreement with Dr. Law and Cell Transplants International provides us a conditionally exclusive license in the United States to certain patents that include claims we believe cover the use of cultured allogenic myoblast cells for the administration to diseased muscle within the field of heart muscle repair and angiogenesis.

We are currently establishing a preclinical development plan for Allocell.

Bioheart RTX3370

Bioheart RTX3370 Health MonitorThe Bioheart Health Monitor Sends Data Directly to Your Clinical Information System

The Bioheart RTX3370 Health Monitor is an interactive and simple to use device, designed specifically to improve the way of providing healthcare to patients outside hospitals suffering from chronic diseases such as heart failure, COPD and diabetes.

The Bioheart RTX3370 Health Monitor engages the patients through personalized daily interactions and questionnaires while collecting vital signs and transmitting the information directly into a database using regular telephone lines.

View Related Article...

Wireless and Secure

The Bioheart RTX3370 Health Monitor is a wireless gateway, which serves as the central device for seamless and secure collection of data from chronically ill patients. The Bioheart RTX3370 Health Monitor collects data from a range of standard external vital sign monitoring devices such as scales, blood pressure monitors, blood glucose monitors and peak flow meters and transmits the data to a HTTPs server on the Internet.

Patient Home Use

The Bioheart RTX3370 Health Monitor is designed for home use by the patient and contains a number of unique features that make the device state-of-the-art for system integrators working in the area of home monitoring, e-health and remote disease management.

Product Benefits

  • Home Care RN sets up monitor and educates patient to disease management
  • Patient’s vital signs are monitored daily
  • Data is reviewed daily by an RN at the central station
  • Results faxed to Physicians PRN
  • Medication adjustments made mostly via phone.
  • Instruction on how to us monitor PRN for distress
  • Nursing visit frequency declines
    • 2X/week for 1st week
    • 1X/week and PRN for remainder of 60 day period
    • Total average visits/60 days = 9

Unique Features

  • Low cost solution
  • Large easily readable color display
  • Audio for patient interaction
  • Bluetooth, serial and IrDA interface for external vital sign monitors

 

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Bioheart Patent Information
Patent   Subject Matter   Related Product(s)   Expiration Date Assuming No Patent Extension
             
US5,130,141   Compositions for and methods of treating muscle degeneration and weakness   MyoCell; MyoCell SDF-1   July 14, 2009
US5,972,013   Direct Pericardial Access Device with Deflecting Mechanism and Method   MyoCath; MyoCath II   Sep. 19, 2017
US6,241,710   Hypodermic Needle with Weeping Tip and Method of Use   MyoCath II   Dec. 20, 2019
US6,547,769   Catheter Apparatus with Weeping Tip and Method of Use   MyoCath II   Dec. 20, 2019
US6,855,132   Apparatus with Weeping Tip and Method of Use   MyoCath II   Dec. 20, 2019 (with 101 day adjustment: Mar. 30, 2020)
US6,949,087   Apparatus with Weeping Tip and Method of Use   MyoCath II   Dec. 20, 2019


We own or hold licenses or hold sublicenses to an intellectual property portfolio consisting of approximately 19 patents and 19 patent applications in the United States, and approximately twelve patents and 57 patent applications in foreign countries, for use in the field of heart muscle regeneration. Our intellectual property strategy emphasizes method, product and device patents. We rely primarily on one U.S. patent for MyoCell, or the Primary MyoCell Patent, one U.S. patent for MyoCath, or the Primary MyoCath Patent and a number of patents for MyoCath II. We rely on three pending U.S. patent applications and corresponding foreign patent applications for MyoCell SDF-1 and three U.S. patents for BioPace. For most of our other product candidates, we rely on one primary patent, multiple patents in combination and/or proprietary processes. The following provides a description of our key patents and pending applications and is not intended to represent an assessment of claims, limitations or scope.

Patent Application    Subject Matter    Related Product(s)
         
WO 04/056186 (US03/34411) (PCT)   Cell-Based Vascular Endothelial Growth Factor Delivery   MyoCell SDF-1
US2004/0037811   Stromal Cell-Derived Factor-1 Mediates Stem Cell Homing and Tissue Regeneration in Ischemic Cardiomyopathy   MyoCell SDF-1
WO 04/017978 (US03/26013) (PCT)   Stromal Cell-Derived Factor-1 Mediates Stem Cell Homing and Tissue Regeneration in Ischemic Cardiomyopathy   MyoCell SDF-1

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Bioheart, Inc. | 13794 NW 4th Street, Suite 212 | Sunrise, Florida 33325
Telephone: (954)-835-1500 | Fax: (954)-845-9976 | email:
bioheart@bioheartinc.com
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