Dienstag, 4. Februar 2014

German Cancer Research Center (Deutsches Krebsforschungszentrum, DKFZ)
and Apogenix Confirmed and Plagiaristically Use My Anticancer

Alexander Cherkasky

Email: alexcherkasky@googlemail.com


In 1998 I proposed my invention of genetically modified oncolytic
viruses with antibodies or receptors (my German patent application
DE19818938, filed on April 28, 1998 and published on November 4, 1999)
to the German Cancer Research Center (Deutsches
Krebsforschungszentrum, DKFZ).
In the same year, I received denial from Dr. Ruth Herzog, who wrote,
that the DKFZ is not developing products and is not supporting any
The copy of this letter is published in the files of my blogs in German
http://plagiatorapogenix.blogspot.de/ and
In the year 1999, I presented my invention of new fusion proteases (in
order to cleave pathogenic proteins for treating a number of diseases
including autoimmunes diseases and Alzheimer’s disease) at the youth
scientific competition “Jugend forscht” (“Youth researches”) in
Dusseldorf (where regional competition took place) and in Leverkusen,
at the headquarters of Bayer (where the competition of North-Rhein
Wesfalia took place).
In Leverkusen I got a so-called “Forschungspatenschaft des Deutschen
Krebsforschungszentrums in Heidelberg” („Research „Godparenthood“ of
the German Cancer Research Center DKFZ in Heidelberg“).
Later, during searches in data banks for patent literature, I found,
that the German Cancer Research Center DKFZ plagiaristically proved
and used a number of my inventions.

1). For my invention of genetically engineered oncolytic viruses (my
DE19818938 which  I proposed to DKFZ and got denial from  DKFZ), DKFZ
has built a group for virotherapy under Dirk Nettelbeck and confirmed
and used this my invention with success.
The group of Nettelbeck cooperated with David Curiel ( at
VectorLogics) who filed in 2005 an international patent application
WO2006119449 “Modified Adenovirus Containing a Stabilized Antibody”,
which is not inventive and not new because of my prior DE19818938.
Nettelbeck and Curiel published an article “With Viruses against
Cancer” in German, in Spektrum der Wissenschaft (Spectrum of Science,
German edition of Scientific American (in Heidelberg); Nettelbeck,
D.M., Alvarez, R.D.&Curiel, D.T. (2009) Mit Viren gegen Krebs.
Spektrum der Wissenschaft, Dossier 3/09, Neue Strategien gegen Krebs,
70-77) and they wrote that the science elaborated the principle, the
concept, of oncolytic viruses in the end of nineties. My invention
19818938 from the year 1998, was not mentioned, but the Managing
Editor of Spektrum der Wissenschaft Dr. Hartwig Hanser denied to
comment my evidence of the plagiarism of Nettelbeck. Hanser wrote in
his email (from January 22, 2013) to me, that priorities and
authorship/origin of inventions are not interesting for the
readership. He decided for all readers.

2). For my invention of novel antitumoral Fc-Receptor-Fusion Proteins
or Fc-Receptor Region-Fusion Proteins and Fc-Ligand-Fusion Proteins,
for example Fc-TNF-Fusion Proteins (my published German patent
application DE10160248 (covering novel Fc-Fusion Proteins), filed on
December 7, 2001 and published on June 26, 2003) DKFZ founded a
spin-out firm Apogenix and DKFZ invested also in Apogenix. This
spin-out-foundation, investing and further support of Apogenix through
the German Cancer Research Center DKFZ occured in despite of the fact
that DKFZ  and Apogenix (especially Henning Walczak) were aware about
my according prior invention DE10160248, because they were informed by
examiners of the European Patent Office about my DE10160248. The
European Patent Office sent the copy of my DE10160248 as search report
to  Apogenix and DKFZ (for their patent applications EP1606318,
WO2004/085478 and EP2004003239 (from the year 2004)). In despite of
this fact DKFZ supported and still supports Apogenix and Apogenix
claims, that it commercializes “novel” (!) therapeutics, thereby
deceiving investors or potential partners. Apogenix is seeking for
investors and partners and thereby Apogenix conceals the fact, that
the according intellectual property of Apogenix is not new and not
inventive, i.e. Apogenix’ issued by error of examiners Christine J.
Saoud and Jon M. Lockard US patent US8007813 “CD95-Fc-Fusion Proteins”
(based on the US patent applications US20070269449 and US20110305697
for “Fc Fusion Proteins”) can be rejected through re-examination
within the patent office (USPTO) and the according patent applications
of Apogenix (especially WO2008101671 “IL-4 Fc Fusion Proteins” of
Oliver Hill, Christian Gieffers and Meinolf Thiemann and US20110171212
(especially claim 4) of Claus Belka and Jorg Herbst) have no potential
to be patents. Thus Apogenix conceals from potential investors and
partners that Apogenix’ developments are not protected from
competitors and thus investors can lost their money by investing in
Apogenix. The fact, that DKFZ founded and financed the firm Apogenix
is contradicting with the statement of Dr. Ruth Herzog (DKFZ), that
DKFZ is not developing products and is not supporting

3). Another plagiarism of DKFZ is its international patent application
WO2010010112 “Construct and Method for the Internalization of Cargo
Molecules into a Cell” (also published as the European patent
application EP2147683, filed on July 25, 2008 and published on January
28, 2010). In this patent application WO2010010112 DKFZ listed
“inventors” Markus Moosmeier, Felix Hoppe-Seyler and Karin
Hoppe-Seyler have described the following:
1.      The fusion peptide comprises a receptor peptide and a peptide,
which is capable of penetrating the host and the fusion peptide
comprises a ligand peptide and the cargo molecule.
2.      The cargo molecule is able to lead to the death of a target cell or cells.
3.      This fusion peptide or fusion protein shall be used against cancer cells.
4.      The cargo shall have a therapeutic benefit including specific cell
death, growth arrest or immuno-stimulation.
5.      The invention comprises cytoskeleton proteins.
6.      The cargo can include/comprise peptides or polypeptides as well as
nucleic acids.

The claim 1 is: “A carrier complex comprising:
a)      a first molecule comprising a receptor peptide and a peptide which
is capable of penetrating a host cell;  and
b)      a second molecule comprising a ligand peptide and a cargo molecule
of interest, wherein the cargo molecule is a polypeptide.” The cargo
molecule is “a cytoskeleton protein” (claim 6) and the carrier complex
is a medicament (claim 10), for example for “treating or preventing
cancer” (claim 12). This complete WO2010010112 of the German Cancer
Research Center DKFZ is not new and not inventive because of my
following published prior patent documents in which the above listed
six points are revealed:

1. DE10162867 “Antigen-unspecific Fusion Proteins and Fusion
Protein-Nucleic Acid- Complexes against Solid Tumors” (filed on
December 20, 2001 and published on July 22, 2004). Only because of
claim 1 of my DE10162867, the complete WO2010010112 of DKFZ
is not new and not inventive.
This my patent application DE10162867 discloses
a)      fusion proteins comprising at least one membrane penetration domain
(cell penetration peptide (CPP)) and at least one cell-damaging
(cell-damage) domain, for example microtubule-binding domain
(cytoskeleton protein or cytoskeleton-binding protein) (especially
claim 1 and Figure 1),
b)      fusion proteins comprising at least one cell-penetrating peptide,
at lease one cell- damage peptide (or domain or region) and at least
one either sequence-specific or sequence-unspecific nucleic
acid-binding domains, such as DNA- or RNA-binding domains (especially
claim 2),
c)      fusion proteins comprising at least one sequence-specific or
sequence-unspecific nucleic acid-binding domain, such as DNA- or
RNA-binding domain and at least one any other domain (!) (claim 3),
d)      fusion proteins comprising at least one membrane penetration domain
(cell penetration peptide (CPP) or cell penetrating domain) and any
other domain (!) (claim 1),
e)      complexes of nucleic acids and fusion proteins mentioned/described
above in a-d. These complexes can induce cell death (apoptosis) and
thus these complexes can be used against cancer.

2. DE19925052A1 “Protein Complexes for Target-Specific Transport of
(Poly) Peptides and Nucleic Acids and Sequence-Specific Integration of
DNA-Vectors” (filed on July 1, 1999 and published on December 7,
I presented this invention on the youth competition “Youth researches”
(Jugend forscht) in 2000 in Dusseldorf, Germany.
This invention comprises novel fusion proteins and protein complexes
(fusion protein complexes) for transporting/internalization of
polypeptide and nucleic acid cargo into cells, especially for gene
therapies and to treat cancer or other diseases, such as metabolic
disorders (claims 21, 20, 16 (internalization of nucleic acids), 19
(fusion containing CPP (cell penetrating peptide)), 14
(cytoskeleton-binding domains), 13, 12, 11 (every possible peptide to
be internalized and every possible cell penetrating peptide), as well
as 1-10).
Claim 7 reveals protein-protein-interaction domains. Claim 4 discloses
fusions with cell penetrating peptides.

3. DE10161739 “Fusion Proteins against Monocytic Leukemia” (filed on
December 15, 2001 and published on June 26, 2003).

4. DE1016738 A1 “Fusion Proteins against T-Cell-Tumors” (filed on
December 15, 2001 and  published on July 17, 2003).

 5. DE10161899 A1 “Fusion Proteins against Hodgkin’s Disease” (filed
on December 17, 2001 and  published on July 24, 2003).

6. DE10162870 “Fusion Proteins against B-Cell-Tumors” (filed on
December 20, 2001 and  published on July 10, 2003) comprises
antitumoral fusion proteins internalizing cargo region/domains,
including cytoskeleton-binding molecules in order to arrest growth of
target cells, induce the death of target cells or attract immune cells
against cancer cells, i.e. to treat cancer.

7. DE10350122 “Fusion Protein Containing Specific Antigen-Binding-,
Microtubule-Binding- and Immune Response-Triggering Regions” (filed on
October 28, 2003 and  published on June 16, 2005) comprises fusion
proteins able both to internalize cytotoxic, especially
cytoskeleton-binding peptide regions into target cancer cells and to
attract immune cells against target cancer cells.

4). Also the “Fusion Polypeptide Suitable as a Cytotoxin” (of DKFZ and
listed “inventors” Jurg Nuesch (CH) and Jean Rommelaere, published as
US20100144847, US2006078970, EP1473306, EP1620468 and WO2004096858)
covering a binding site for a cytoskeleton component and an effector
protein or binding site for said effector protein, is an attempt to
circumvent my according DE19925052, DE10161899, DE10161738,
DE10161739, DE10162870 and DE10162867, which cover also all
cytoskeleton-binding fusion proteins.

5). “Oncolytic Virotherapy for the Therapy of Sarcoma” (of DKFZ and
listed inventors Zoltan Kis (RO), Jeaninne Lacroix (DE), Barbara
Leuchs (DE), Monika Frank-Stoehr (DE), Joerg Schlehofer (DE) and Jean
Rommelaere (DE), published as WO2012171654 and EP2535055) and
“Adenovirus Derived Helper Virus for Enhancing Recombinant Parvovirus
Production” (of DKFZ and listed inventors Nazim El-Andaloussi (DE),
Antonio Marchini (DE), Jean Rommelaere (DE), Barbara Leuchs (DE) and
Max Endele (DE), published as CA2794383, (especially claims 3, 12, 13,
17 and 21), EP2368903, WO2011116974 and AU2011231998) is an attempt to
circumvent my DE19818938, proposed by myself to DKFZ in 1998.

6). Also the US patent application of DKFZ US20050222387 “Smac
peptides as therapeutics against cancer and autoimmune diseases” (of
inventors Klaus Michael Debatin (DE) and Simone Fulda (DE)) is not
inventive and is an attempt to circumvent my DE19925052. A number of
claims in US20050222387 were canceled, but the not canceled claims,
especially 23, 31, 32, 33, 35, 36, 37, 38, 39, 40, 41, 42, 43 and 44,
are not inventive because of my DE19925052.

Thus, the German Cancer Research Center DKFZ and Apogenix are involved
in systematic stealing and plagiaristic use of my anticancer
inventions as part of my anticancer program. The search in data banks
for patent literature has shown, that DKFZ did not developed clear
concepts of anticancer fusion proteins before I started to file for
patents my engineered oncolytic viruses and anticancer fusion
proteins. My anticancer inventions were easily plagiaristically used
by DKFZ and Apogenix without citations.

The German journal Focus did not replied to my 3 emails from January
9, 2013 (to Mr. Miersch, Editor at Scientific Department
(m.miersch@focus-magazin.de), to Mr. Doench, Editor at Economic
Department (wirtschaft@focus-magazin.de) and to the general email
redaktion@focus.de), but wrote (in the edition on January 21, 2013,
(with the title page about new cancer medicine), in the article “The
New Cancer Medicine”, p.76-85),  that DKFZ (especially according to
the statement of the chief of DKFZ Otmar Wiestler) is working on
oncolytic viruses, immune therapies and individualized treatments
(which I described on the blog  http://cherkaskystory.blogspot.de/ in

Focus cited Gerhard Ehninger, Director of the University Cancer Center
Dresden “In the past 10 years, interdisciplinary treatment of cancer
has implemented/propelled itself (!).
Oncologists, surgeons and irradiation physicians have
finally/just/right now understood, that they must work together (!).”
And Focus cited director of the German Cancer Research Center DKFZ
Otmar Wiestler, who said that “we will apply in the next 10-20 years
special analyses and specifically acting treatment possibilities for
each patient with cancer”. Wiestler did not mentioned my name and my
inventions used by DKFZ.