# US 11,998,618 B2 · Frataxin expression constructs

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- Number: US 11,998,618 B2
- Document ID: US11998618B2
- Status: Granted
- Kind: B2
- Application number: 17/125,449
- Filed: 2020-12-17
- Published: 2021-06-17
- Granted: 2024-06-04
- Earliest claimed: 2016-11-09
- Assignees: Precigen, Inc.
- Applicants: Precigen, Inc.
- Inventors: Stephen Schauer; Darby Thomas; Gregory Robinson; Mark Pykett; Richard Thorn; Kirsten Gruis
- Web page: https://patentgrep.com/patent/US11998618B2

## CPC

- A61K 48/0058: {Nucleic acids adapted for tissue specific expression, e.g. having tissue specific promoters as part of a contruct}
- A61K 38/1709: {from mammals}
- A61K 48/005: {characterised by an aspect of the 'active' part of the composition delivered, i.e. the nucleic acid delivered}
- A61K 48/0066: {Manipulation of the nucleic acid to modify its expression pattern, e.g. enhance its duration of expression, achieved by the presence of particular introns in the delivered nucleic acid}
- A61K 48/0075: {characterised by an aspect of the delivery route, e.g. oral, subcutaneous}
- A61P 25/00: Drugs for disorders of the nervous system
- C07K 14/47: from mammals
- C12N 15/86: Viral vectors
- C12N 15/8645: {Adeno-associated virus}
- C12N 2750/14143: viral genome or elements thereof as genetic vector
- C12N 2830/002: inducible enhancer/promoter combination, e.g. hypoxia, iron, transcription factor
- A61K: PREPARATIONS FOR MEDICAL, DENTAL OR TOILETRY PURPOSES (devices or methods specially adapted for bringing pharmaceutical products into particular physical or administering forms A61J3/00; chemical aspects of, or use of materials for deodorisation of air, for disinfection or sterilisation, or for bandages, dressings, absorbent pads or surgical articles A61L; soap compositions C11D)
- A61P: SPECIFIC THERAPEUTIC ACTIVITY OF CHEMICAL COMPOUNDS OR MEDICINAL PREPARATIONS
- C07K: PEPTIDES (peptides in foodstuffs A23; obtaining protein compositions for foodstuffs, working-up proteins for foodstuffs A23J; preparations for medicinal purposes A61K; peptides containing beta-lactam rings C07D; cyclic dipeptides not having in their molecule any other peptide link than those which form their ring, e.g. piperazine-2,5-diones, C07D; ergot alkaloids of the cyclic peptide type C07D519/02; macromolecular compounds having statistically distributed amino acid units in their molecules, i.e. when the preparation does not provide for a specific; but for a random sequence of the amino acid units, homopolyamides and block copolyamides derived from amino acids C08G69/00; macromolecular products derived from proteins C08H1/00; preparation of glue or gelatine C09H; single cell proteins, enzymes C12N; genetic engineering processes for obtaining peptides C12N15/00; compositions for measuring or testing processes involving enzymes C12Q; investigation or analysis of biological material G01N33/00)
- C12N: MICROORGANISMS OR ENZYMES; COMPOSITIONS THEREOF; PROPAGATING, PRESERVING, OR MAINTAINING MICROORGANISMS; MUTATION OR GENETIC ENGINEERING; CULTURE MEDIA (microbiological testing media C12Q1/00)

## Abstract

The invention provides polynucleotides, vectors and viruses expressing frataxin and methods of treating Friedreich's Ataxia.

## Claims

### Claim 1

A method of treating at least one symptom of Friedreich's Ataxia in a subject in need thereof, said method comprising administering to said subject a therapeutically effective amount of a composition comprising:
(a) an adeno-associated viral (AAV) vector, wherein said AAV vector comprises a nucleic acid molecule encoding human frataxin operably linked to:
a 5′UTR selected from 5U2, FTH1, GAPDH, and RPL6-5′Splice;
a 3′UTR selected from a SV40 early adenylation sequence, a SV40 late adenylation sequence, a human growth hormone polyadenylation sequence (hGHpA), and a synthetic 3′ regulatory element having a nucleic acid sequence of SEQ ID NO:7; and
a control element that directs transcription and/or translation; and
(b) a pharmaceutically acceptable excipient,
wherein the at least one symptom of Friedreich's Ataxia comprises loss of coordination in the arms and/or legs; and
wherein the administering comprises intrathecal (IT) administration, intracerebroventricular (ICV) administration, intraparenchymal administration, intracerebellar administration, or a combination thereof.

### Claim 2 (depends on 1)

The method of claim 1, wherein said frataxin is expressed in the mitochondria, cerebellum, hippocampus, anterior cortex, dorsal root ganglion, or a combination thereof of the subject.

### Claim 3 (depends on 1)

The method of claim 1 wherein said frataxin is expressed in said subject at a level of greater than 25% of normal levels of frataxin.

### Claim 4 (depends on 1)

The method of claim 1 wherein said frataxin is expressed in said subject at a level of greater than 30% of normal levels of frataxin.

### Claim 5 (depends on 1)

The method of claim 1 wherein said frataxin is expressed in said subject at a level of greater than 40% of normal levels of frataxin.

### Claim 6 (depends on 1)

The method of claim 1 wherein said frataxin is expressed in said subject at a level of greater than 50% of normal levels of frataxin.

### Claim 7 (depends on 1)

The method of claim 1, wherein the AAV vector is an AAV5 vector.

### Claim 8 (depends on 1)

The method of claim 1, wherein:
the 5′UTR is FTH1 and the 3′UTR is a SV40 early polyadenylation sequence or a SV40 late polyadenylation sequence;
the 5′UTR is GAPDH and the 3′UTR is a SV40 late polyadenylation sequence or a synthetic 3′ regulatory element having a nucleic acid sequence of SEQ ID NO:7;
the 5′UTR is 5U2 and the 3′UTR is a human growth hormone polyadenylation sequence (hGHpA) or a synthetic 3′ regulatory element having a nucleic acid sequence of SEQ ID NO:7; or
the 5′UTR is RPL6-5′Splice and the 3′UTR is a synthetic 3′ regulatory element having a nucleic acid sequence of SEQ ID NO:7.

### Claim 9 (depends on 1)

The method of claim 1, wherein the control element comprises a promoter.

### Claim 10 (depends on 9)

The method of claim 9, wherein the promoter is a CMV promoter, a UBC promoter, an EF1α promoter, a PGK1 promoter, or a minimal frataxin promoter.

### Claim 11 (depends on 9)

The method of claim 9, wherein the promoter is an inducible promoter.

### Claim 12 (depends on 11)

The method of claim 11, wherein the AAV vector further comprises a gene switch that regulates the inducible promoter.

### Claim 13 (depends on 12)

The method of claim 12, wherein the gene switch is an ecdysone receptor (EcR) gene switch.

### Claim 14 (depends on 1)

The method of claim 1, wherein the pharmaceutically acceptable excipient comprises Na2HPO4, NaH2PO4, NaCl, KCl, CaCl2, MgCl2, or a combination thereof.

### Claim 15 (depends on 1)

The method of claim 1, wherein the composition has a pH of about 6.5 to about 7.5.

### Claim 16 (depends on 1)

The method of claim 1, wherein the composition comprises about 1×109 to about 2×1013 g/mL of the AAV vector.

### Claim 17 (depends on 1)

The method of claim 1, wherein about 1×1010 to about 1×1015 vg of the AAV vector is administered to the subject.

### Claim 18 (depends on 1)

The method of claim 1, wherein about 3.7×1010, about 1.11×1011, or about 3.7×1011 vg/g of the AAV vector is administered to the subject on a brain weight basis.

### Claim 19

A method of increasing frataxin levels in a subject having a frataxin deficiency, the method comprising administering to the subject:
an adeno-associated viral (AAV) vector, wherein said AAV vector comprises a nucleic acid molecule encoding human frataxin operably linked to:
a 5′UTR selected from 5U2, FTH1, GAPDH, and RPL6-5′Splice;
a 3′UTR selected from a SV40 early adenylation sequence, a SV40 late adenylation sequence, a human growth hormone polyadenylation sequence (hGHpA), and a synthetic 3′ regulatory element having a nucleic acid sequence of SEQ ID NO:7; and
a control element that directs transcription and/or translation,
wherein the frataxin encoded by the nucleic acid molecule is produced by the subject at a level that is at least 25% of frataxin levels produced by a subject not having a frataxin deficiency,
wherein the administering comprises intrathecal (IT) administration, intracerebroventricular (ICV) administration, intraparenchymal administration, intracerebellar administration, or a combination thereof.

### Claim 20

A method of treating at least one symptom of Friedreich's Ataxia in a subject in need thereof, the method comprising administering to the subject a pharmaceutical formulation comprising:
(a) an adeno-associated viral (AAV) vector, wherein said AAV vector comprises a nucleic acid molecule encoding human frataxin operably linked to a 5′UTR, a 3′UTR, wherein:
the 5′UTR is FTH1 and the 3′UTR is a SV40 early polyadenylation sequence or a SV40 late polyadenylation sequence;
the 5′UTR is GAPDH and the 3′UTR is a SV40 late polyadenylation sequence or a synthetic 3′ regulatory element having a nucleic acid sequence of SEQ ID NO:7;
the 5′UTR is 5U2 and the 3′UTR is a human growth hormone polyadenylation sequence (hGHpA) or a synthetic 3′ regulatory element having a nucleic acid sequence of SEQ ID NO:7; or
the 5′UTR is RPL6-5′Splice and the 3′UTR is a synthetic 3′ regulatory element having a nucleic acid sequence of SEQ ID NO:7, and
(b) phosphate buffer solution (PBS) or Dulbecco's phosphate buffer solution (DPBS),
wherein the frataxin encoded by the at least one nucleic acid molecule is produced by the subject at a level sufficient to treat at least one symptom of Friedreich's Ataxia in the subject; and
wherein the at least one symptom of Friedreich's Ataxia comprises loss of coordination in the arms and/or legs; and
wherein the administering comprises intrathecal (IT) administration, intracerebroventricular (ICV) administration, intraparenchymal administration, intracerebellar administration, or a combination thereof.

### Claim 21 (depends on 20)

The method of claim 20, wherein about 1×1010 to about 1×1015 vg of the AAV vector is administered to the subject.
