# US 2019/0317075 A1 · INTERTUMORAL HOMOGENEITY DETERMINED BY MiCK ASSAY

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- Number: US 2019/0317075 A1
- Document ID: US20190317075A1
- Status: Published application
- Kind: A1
- Application number: 16/152,575
- Filed: 2018-10-05
- Published: 2019-10-17
- Earliest claimed: 2014-04-25
- Assignees: Pierian Biosciences, LLC
- Applicants: Pierian Biosciences, LLC
- Inventors: Cary Presant; Mathieu Perree; Allan E. Hallquist
- Web page: https://patentgrep.com/patent/US20190317075A1

## CPC

- G01N 33/5011: {for testing antineoplastic activity}
- G01N 33/5752: of the lungs
- G01N 33/57525: of the liver or pancreas
- G01N: INVESTIGATING OR ANALYSING MATERIALS BY DETERMINING THEIR CHEMICAL OR PHYSICAL PROPERTIES (measuring or testing apparatus or processes other than immunoassay, involving enzymes or microorganisms C12M, C12Q)

## Abstract

The use of genomic tests shows variability between the primary tumor and the metastases in most circumstances referred to as tumor heterogeneity. Since it is unduly invasive and difficult to obtain samples from the primary and metastatic tumors within a patient, a need exists for a method of testing chemotherapeutic effectiveness in a patient that is applicable to both primary tumor and metastases. Provided are methods of using the MiCK assay to determine the most effective drug candidate(s) for an individual patient by testing a single tumor site. In a further embodiment, the kinetic unit (KU) value obtained by analysis of cancer cells from a tumor site in an individual patient in the presence of a drug candidate is within two standard deviations of the KU value obtained by analysis of a different tumor site in the patient in the presence of the same drug candidate.

## Claims

### Claim at position 1

-3. (canceled)

### Claim 4

A method of determining the most effective drug candidate or combination of drug candidates for an individual patient, wherein a sample from a primary tumor site or a metastasis of the primary tumor site is tested using the MiCK assay, wherein the most effective drug candidate or combination of drug candidates at the primary tumor site or metastasis thereof is indicative of the most effective drug candidate or combination of drug candidates at other metastases of said primary tumor.

### Claim 5 (depends on 4)

The method of claim 4, wherein the sample tested is from the primary tumor site.

### Claim 6 (depends on 5)

The method of claim 5, wherein the most effective drug candidate or combination of drug candidates determined is indicative of the most effective drug candidate or combination of drug candidates at all metastases of said primary tumor.

### Claim 7 (depends on 4)

The method of claim 4, wherein the tested sample is from a metastatic tumor site.

### Claim 8 (depends on 7)

The method of claim 7, wherein the most effective drug candidate or combination of drug candidates determined is indicative of the most effective drug candidate or combination of drug candidates at the primary tumor.

### Claim 9 (depends on 7)

The method of claim 7, wherein the most effective drug candidate or combination of drug candidates determined is indicative of the most effective drug candidate or combination of drug candidates at all metastases of said primary tumor.

### Claim 10 (depends on 4)

The method of claim 4, wherein the sample from a solid tumor.

### Claim 11 (depends on 10)

The method of claim 10, wherein the solid tumor is a pancreatic tumor or a lung tumor.

### Claim 12 (depends on 11)

The method of claim 11, wherein the lung tumor is selected from the group consisting of a non-small cell lung tumor; a small cell lung tumor; and a lung adenocarcinoma.

### Claim 13 (depends on 4)

The method of claim 4, wherein a kinetic unit (KU) value is obtained by analysis of the sample in the presence of a drug candidate or combination of drug candidates, and said KU value is within two standard deviations of the KU value obtained by analysis of a different tumor site in the patient in the presence of the same drug candidate or combination of drug candidates.

### Claim 14 (depends on 4)

The method of claim 4, wherein a kinetic unit (KU) value is obtained by analysis of the sample in the presence of a drug candidate or combination of drug candidates, and said KU value is within one standard deviation of the KU value obtained by analysis of a different tumor site in the patient in the presence of the same drug candidate or combination of drug candidates.

### Claim 15

(canceled)

### Claim 16

Use of an assay to determine the efficacy of at least one drug candidate or combination of drug candidates against a primary tumor, the method comprising:
a. plating in at least one well of a plate suitable to be read by a spectrophotometer a single-cell suspension of viable cancer cells obtained from at least one metastatic tumor of said primary tumor of an individual patient, wherein the cancer cells are in a concentration sufficient to form a monolayer of cells on the bottom of the well,
b. adding at least one drug candidate or combination of drug candidates to the well in an amount sufficient to achieve a target concentration,
c. measuring the optical density of the well at a wavelength of approximately 600 nm at selected time intervals for a selected duration of time,
d. determining a kinetic units (KU) value from the optical density and time measurements, and
e. correlating the KU value with an ability of the at least one drug candidate or combination of drug candidates to induce apoptosis in the primary tumor if the KU value is positive, or an inability of the at least one drug candidate or combination of drug candidates to induce apoptosis in the primary tumor if the KU value is not positive.

### Claim 17

Use of an assay to determine the efficacy of at least one drug candidate or combination of drug candidates against a metastatic tumor, the method comprising:
a. plating in at least one well of a plate suitable to be read by a spectrophotometer a single-cell suspension of viable cancer cells obtained from the primary tumor of the metastatic tumor of an individual patient, wherein the cancer cells are in a concentration sufficient to form a monolayer of cells on the bottom of the well,
b. adding at least one drug candidate or combination of drug candidates to the well in an amount sufficient to achieve a target concentration,
c. measuring the optical density of the well at a wavelength of approximately 600 nm at selected time intervals for a selected duration of time,
d. determining a kinetic units (KU) value from the optical density and time measurements, and
e. correlating the KU value with an ability of the at least one drug candidate or combination of drug candidates to induce apoptosis in the metastatic tumor if the KU value is positive, or an inability of the at least one drug candidate or combination of drug candidates to induce apoptosis in the metastatic tumor if the KU value is not positive.
