# US 10,934,356 B2 · Checkpoint blockade and microsatellite instability

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- Number: US 10,934,356 B2
- Document ID: US10934356B2
- Status: Granted
- Kind: B2
- Application number: 16/144,549
- Filed: 2018-09-27
- Published: 2019-01-24
- Granted: 2021-03-02
- Earliest claimed: 2014-11-13
- Assignees: The Johns Hopkins University
- Applicants: The Johns Hopkins University
- Inventors: Luis Diaz; Bert Vogelstein; Kenneth W. Kinzler; Nickolas Papadopoulos; Dung Le; Drew M. Pardoll; Suzanne L. Topalian
- Web page: https://patentgrep.com/patent/US10934356B2

## CPC

- A61P 1/04: for ulcers, gastritis or reflux esophagitis, e.g. antacids, inhibitors of acid secretion, mucosal protectants
- C07K 16/2803: {against the immunoglobulin superfamily}
- A61P 1/16: for liver or gallbladder disorders, e.g. hepatoprotective agents, cholagogues, litholytics
- A61P 13/08: of the prostate
- A61P 15/00: Drugs for genital or sexual disorders (for disorders of sex hormones A61P5/24); Contraceptives
- A61P 35/00: Antineoplastic agents
- C07K 16/2818: {against CD28 or CD152}
- C07K 16/2827: {against B7 molecules, e.g. CD80, CD86}
- C07K 16/30: from tumour cells
- C07K 16/40: against enzymes
- C12Q 1/6886: for cancer (immunoassay for cancer G01N33/575)
- C12Y 113/11052: Indoleamine 2,3-dioxygenase (1.13.11.52), i.e. indoleamine 2,3-dioxygenase 1
- A61K 2039/505: {comprising antibodies}
- A61K 2039/55: {characterised by the host/recipient, e.g. newborn with maternal antibodies}
- C07K 2317/00: Immunoglobulins specific features
- C07K 2317/24: containing regions, domains or residues from different species, e.g. chimeric, humanized or veneered
- C07K 2317/76: Antagonist effect on antigen, e.g. neutralization or inhibition of binding
- C12Q 2600/106: Pharmacogenomics, i.e. genetic variability in individual responses to drugs and drug metabolism
- C12Q 2600/156: Polymorphic or mutational markers
- 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)
- C12Q: MEASURING OR TESTING PROCESSES INVOLVING ENZYMES, NUCLEIC ACIDS OR MICROORGANISMS (immunoassay G01N33/53); COMPOSITIONS OR TEST PAPERS THEREFOR; PROCESSES OF PREPARING SUCH COMPOSITIONS; CONDITION-RESPONSIVE CONTROL IN MICROBIOLOGICAL OR ENZYMOLOGICAL PROCESSES
- C12Y: ENZYMES
- 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)

## Abstract

Blockade of immune checkpoints such as cytotoxic T-lymphocyte antigen-4 (CTLA-4) and programmed death-1 (PD-1) shows promise in patients with cancer. Inhibitory antibodies directed at these receptors have been shown to break immune tolerance and promote anti-tumor immunity. These agents work particularly well in patients with a certain category of tumor. Such tumors may be particularly susceptible to treatment because of the multitude of neoantigens which they produce.

## Claims

### Claim 1

A method for treating cancer in a patient in need thereof, comprising:
determining that the patient has a tumor that exhibits a high microsatellite instability (MSI-high) or a mismatch repair (MMR) deficiency status;
administering an effective amount of pembrolizumab to the patient;
determining that the patient exhibits an outcome that is improved as compared to a corresponding outcome that would be observed in a reference patient that has been administered pembrolizumab, wherein the reference patient has a tumor that does not exhibit a MSI-high or a MMR deficiency status; and
wherein the patient has received a prior cancer therapy drug.

### Claim 2 (depends on 1)

The method of claim 1, wherein the step of determining that the patient has a tumor that exhibits a high microsatellite instability (MSI-high) status includes detecting in a tumor sample obtained from the patient a microsatellite marker in a DNA sequence.

### Claim 3 (depends on 2)

The method of claim 2, wherein the microsatellite marker is BAT-25, BAT-26, MONO-27, NR-21 or NR-24.

### Claim 4 (depends on 1)

The method of claim 1, wherein the step of determining that the patient has a tumor that exhibits a MMR deficiency status includes detecting in a tumor sample obtained from the patient a mismatch repair marker in a DNA sequence.

### Claim 5 (depends on 1)

The method of claim 1, wherein the MMR deficiency status of the tumor is detected by immunohistochemistry.

### Claim 6 (depends on 1)

The method of claim 1, wherein the cancer in the patient has progressed after the patient received the prior cancer therapy drug.

### Claim 7 (depends on 1)

The method of claim 1, wherein the outcome that is improved is an improved objective response rate (ORR), an improved progression-free survival (PFS), or an improved overall survival.

### Claim 8 (depends on 7)

The method of claim 7, wherein the outcome is assessed in the patient within approximately 20 weeks after administering pembrolizumab.

### Claim 9 (depends on 1)

The method of claim 1, wherein the cancer is a metastatic cancer.

### Claim 10 (depends on 1)

The method of claim 1, wherein the cancer is a metastatic colorectal cancer.

### Claim 11

A method for treating cancer in a patient in need thereof, the method comprising:
detecting a high microsatellite instability (MSI-high) or a mismatch repair (MMR) deficiency status in a tumor sample from the patient;
wherein the tumor sample exhibits an instability of one or more microsatellite markers or a deficiency of one or more mismatch repair markers;
administering an effective amount of pembrolizumab to the patient;
determining that the patient exhibits an outcome that is improved as compared to a corresponding outcome that would be observed in a reference patient that has been administered pembrolizumab, wherein reference patient has a tumor that does not exhibit an instability of the one or more microsatellite markers or a deficiency of the one or more mismatch repair markers; and
wherein the patient has received a prior cancer therapy drug.

### Claim 12 (depends on 11)

The method of claim 11, wherein the microsatellite marker is BAT-25, BAT-26, MONO-27, NR-21, or NR-24.

### Claim 13 (depends on 11)

The method of claim 11, wherein the cancer is a metastatic cancer.

### Claim 14 (depends on 11)

The method of claim 11, wherein the cancer is a metastatic colorectal cancer.

### Claim 15 (depends on 14)

The method of claim 14, wherein the metastatic colorectal cancer in the patient has progressed after the patient received the prior cancer therapy drug.

### Claim 16 (depends on 11)

The method of claim 11, wherein the outcome that is improved is an improved objective response rate (ORR), an improved progression-free survival (PFS), or an improved overall survival.

### Claim 17 (depends on 16)

The method of claim 16, wherein the outcome is assessed in the patient at 20 weeks after administering pembrolizumab.

### Claim 18 (depends on 11)

The method of claim 11, wherein pembrolizumab is administered by intravenous infusion.

### Claim 19

A method for treating cancer in a patient in need thereof comprising:
selecting a patient who has an unresectable or metastatic, microsatellite instability-high (MSI-H) or mismatch repair (MMR) deficient solid tumor, the tumor having progressed following a cancer therapy;
administering an effective amount of pembrolizumab to the patient; and
determining that the patient exhibits an outcome that is improved as compared to a corresponding outcome that would be observed in a reference patient that has been administered pembrolizumab, wherein the reference patient has a tumor that does not exhibit a MSI-high or a MMR deficiency status.

### Claim 20 (depends on 19)

The method of claim 19, wherein the solid tumor exhibits instability in a microsatellite marker.

### Claim 21 (depends on 20)

The method of claim 20, wherein the microsatellite marker is BAT-25, BAT-26, MONO-27, NR-21 or NR-24.

### Claim 22 (depends on 19)

The method of claim 19, wherein the outcome that is improved is an improved objective response rate (ORR), an improved progression-free survival (PFS), or an improved overall survival.

### Claim 23

A method for treating cancer in a population of cancer patients in need thereof, comprising:
administering an effective amount of pembrolizumab to patients in the population of cancer patients, which patients have a tumor that exhibits a high microsatellite instability (MSI-high) or a mismatch repair (MMR) deficiency status, said tumor having progressed following a prior treatment; and
observing an objective response rate of about 12% to 96% in the population of cancer patients after administration of pembrolizumab.

### Claim 24 (depends on 23)

The method of claim 23, wherein the tumor exhibits instability of a microsatellite marker.

### Claim 25 (depends on 24)

The method of claim 24, wherein the microsatellite marker is BAT-25, BAT-26, MONO-27, NR-21 or NR-24.

### Claim 26 (depends on 23)

The method of claim 23, wherein the cancer is a metastatic cancer.

### Claim 27 (depends on 23)

The method of claim 23, wherein the objective response rate is assessed in the population of cancer patients at 20 weeks after administering pembrolizumab.

### Claim 28 (depends on 23)

The method of claim 23, wherein the cancer is not colorectal cancer.
