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SEC Filings

S-1/A
VITAE PHARMACEUTICALS, INC filed this Form S-1/A on 08/28/2014
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Intellectual Property

        Our commercial success depends in part on our ability to obtain and maintain proprietary or intellectual property protection for our product candidates, our core technologies, and other know-how, to operate without infringing on the proprietary rights of others and to prevent others from infringing our proprietary or intellectual property rights. Our policy is to seek to protect our proprietary and intellectual property position by, among other methods, filing patent applications in the United States and in foreign jurisdictions related to our proprietary technology and product candidates. We also rely on trade secrets, know-how and continuing technological innovation to develop and maintain our proprietary and intellectual property position.

        We file patent applications directed to the composition of matter and methods of use for our product candidates. As of June 30, 2014, we owned, solely or jointly, 20 issued patents and 21 pending applications in the United States, 68 issued patents and 180 pending applications in foreign jurisdictions, and 6 pending international applications filed under the Patent Cooperation Treaty, or PCT. These patents and pending applications cover the most advanced product candidates, as well as related compounds active against the clinical targets of interest. Of these, 2 issued patents and 8 pending applications in the United States, 7 issued patents and 78 pending applications in foreign jurisdictions, and 3 pending international applications filed under the PCT cover compositions of matter or methods of use of the most advanced product candidates. The technology underlying solely owned patents and patent applications has been developed by us and was not acquired from any in-licensing agreement.

        The intellectual property portfolios for our key product candidates as of June 30, 2014 are summarized below.

    11b HSD1—Type 2 Diabetes:  Our most advanced 11b HSD1 inhibitor compound for our type 2 diabetes program, VTP-34072, is in clinical development in partnership with BI. The VTP-34072 portfolio includes one issued patent in the United States, one pending patent application in the United States, two issued patents in foreign jurisdictions, and 37 pending patent applications in foreign jurisdictions including Europe, Japan, Taiwan, Canada, Australia, Brazil, China and India. These properties, which are jointly owned by us and BI, include claims directed to the compound VTP-34072, VTP-34072 as a member of a class of related compounds, and methods of using these compounds to treat type 2 diabetes mellitus. The granted patents and any patents that may grant from the pending applications will expire in November 2030, not including possible extensions. The U.S. patent claiming the compound VTP-34072, VTP-34072 as a member of a class of related compounds, and methods of using these compounds to treat type 2 diabetes mellitus, received additional patent term (patent term adjustment) from the U.S. Patent and Trademark Office, or USPTO, due to the USPTO delay, and as a result will expire in September 2031, not including possible additional extensions that it may receive for regulatory delay (patent term extension).
    BACE—Alzheimer's Disease:  Our most advanced BACE inhibitor compound for our Alzheimer's program, VTP-37948, is in clinical development in partnership with BI. The VTP-37948 portfolio includes one pending patent application in the United States, one pending international application filed under the PCT, and six pending patent applications in foreign jurisdictions. These applications, which are jointly owned by us and BI, include claims directed to the compound VTP-37948, VTP-37948 as a member of a class of related compounds, and methods of using these compounds to treat Alzheimer's disease. Any patents that may issue from these applications will expire in August 2033, not including possible extensions due to patent office or regulatory delay.
    RORgt—Autoimmune Disease:  Our most advanced RORgt inhibitor compound for our autoimmune disease program, VTP-43742, is claimed in a U.S. provisional application filed in February 2014. The U.S. provisional application includes claims to VTP-43742 as a member of a class of related compounds and methods of using these compounds to treat various indications. The U.S. provisional application will allow for the filing of patent applications and pursuit of patents on a worldwide basis. Any patents that may issue from these applications could expire as late as February 2035, not including possible extensions due to patent office or regulatory delay.

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