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Last Updated: March 28, 2024

Claims for Patent: 9,086,414


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Summary for Patent: 9,086,414
Title:Phosphorylated C-ErbB2 as a superior predictive theranostic marker for the diagnosis and treatment of cancer
Abstract: The present invention provides reliable methods to identify subsets of subjects with a cancer of epithelial origin characterized by a high level of phosphorylated c-erbB2 which does not correlate with the over-expression of total c-erbB2 as measured by IHC or FISH, for selection and inclusion for c-erbB2-direct treatment and therapy. Furthermore, the present invention provides a reliable method to determine whether a subject with a cancer of epithelial origin who has been determined to be c-erbB2 positive by IHC and by FISH should be excluded from c-erbB2-direct treatment because of a non-significant level of phosphorylated c-erbB2 in epithelial tumor tissue.
Inventor(s): Petricoin, III; Emanuel F. (Gainesville, VA), Liotta; Lance A. (Bethesda, MD), Espina; Virginia (Rockville, MD), Wulfkuhle; Julia D. (Columbia, MD)
Assignee: George Mason Research Foundation, Inc. (Fairfax, VA)
Application Number:13/003,206
Patent Claims:1. A method for treating a human with a cancer of epithelial origin, who has been determined to be c-erbB2 negative by immunohistochemistry (IHC) or by fluorescence in situ hybridization (FISH), comprising administering an erbB2-directed treatment and therapy to the human, if the human has been identified for such treatment by a method comprising (a) measuring the level of phosphorylation of the c-erbB2 receptor in one or more diseased cells obtained from the cancerous epithelial tissue of the human using a quantitative immunoassay; (b) comparing the level of phosphorylation of the receptor in the one or more diseased cells to the level of phosphorylation of the receptor in one or more reference standards having a known phosphorylation level; and (c) determining that the human should be treated with erbB2-directed treatment and therapy if the level of phosphorylation of the receptor in the one or more diseased cells is greater than the cut-point value obtained by comparing a population average level of phosphorylation of the receptor in known erbB2-phosphorylated cancers to the level of phosphorylation of the receptor in the reference standards.

2. The method of claim 1, wherein the erbB2-directed treatment and therapy comprises administering an EGF receptor dimerization inhibitor to the human.

3. The method of claim 1, wherein the erbB2-directed treatment and therapy comprises administering trastuzumab or an analogue compound thereof to the human.

4. The method of claim 1, wherein the erbB2-directed treatment and therapy comprises administering trastuzumab to the human.

5. The method of claim 1, wherein the erbB2-directed treatment and therapy comprises administering a c-erbB2 kinase inhibitor to the human.

6. The method of claim 1, wherein the erbB2-directed treatment and therapy comprises administering lapatinib or an analogue compound thereof to the human.

7. The method of claim 1, wherein the erbB2-directed treatment and therapy comprises administering lapatinib to the human.

8. The method of claim 1, wherein the cancer of epithelial origin is breast cancer.

9. The method of claim 8, wherein the one or more diseased cells are obtained by micro-dissecting the cells from the breast cancer tissue of the human and the level of phosphorylation of the c-erbB2 receptor in the one or more diseased cells is measured by protein microarray analysis.

10. The method of claim 8, wherein the erbB2-directed treatment and therapy comprises administering trastuzumab to the human.

11. The method of claim 1, wherein the cancer of epithelial origin is adenocarcinoma or is a cancer of the breast, prostate, esophagus, liver, skin, lung, ovary, stomach, pancreas, bladder, colon, rectum, kidney, head, neck or any combination thereof.

12. The method of claim 1, wherein the cancer of epithelial origin is a cancer of the breast, lung, prostate, colon, rectum, pancreas, or ovary.

13. The method of claim 1, wherein the cancer of epithelial origin is a cancer of the breast, lung, prostate, colon or rectum.

14. A method for treating a human with a cancer of epithelial origin, who has been determined to be c-erbB2 negative by immunohistochemistry (IHC) or by fluorescence in situ hybridization (FISH), comprising administering an erbB2-directed treatment and therapy to the human, if the human has been identified for such treatment by a method comprising (a) using an assay to measure the level of phosphorylation of the c-erbB2 receptor in one or more diseased cells obtained from the cancerous epithelial tissue of the human; (b) comparing the level of phosphorylation of the receptor in the one or more diseased cells to the level of phosphorylation of the receptor in one or more reference standards having a known phosphorylation level; and (c) determining that the human should be treated with erbB2-directed treatment and therapy if the level of phosphorylation of the receptor in the one or more diseased cells is greater than the cut-point value obtained by comparing a population average level of phosphorylation of the receptor in known erbB2-phosphorylated cancers to the level of phosphorylation of the receptor in the reference standards.

15. The method of claim 14, wherein the cancer of epithelial origin is adenocarcinoma or is a cancer of the breast, prostate, esophagus, liver, skin, lung, ovary, stomach, pancreas, bladder, colon, rectum, kidney, head, neck or any combination thereof.

16. The method of claim 14, wherein the cancer of epithelial origin is a cancer of the breast, lung, prostate, colon, rectum, pancreas, or ovary.

17. The method of claim 14, wherein the cancer of epithelial origin is a cancer of the breast, lung, prostate, colon or rectum.

18. The method of claim 14, wherein the cancer of epithelial origin is breast cancer.

19. A method for identifying a human with a cancer of epithelial origin, who has been determined to be c-erbB2 negative by immunohistochemistry (IHC) or by fluorescence in situ hybridization (FISH), who would benefit from erbB2-directed treatment and therapy, comprising (a) measuring the level of phosphorylation of the c-erbB2 receptor in one or more diseased cells obtained from the cancerous epithelial tissue of the human by protein microarray analysis; (b) comparing the level of phosphorylation of the receptor in the one or more diseased cells to the level of phosphorylation of the receptor in one or more reference standards having a known phosphorylation level; and (c) determining that the human should be treated with erbB2-directed treatment and therapy if the level of phosphorylation of the receptor in the one or more diseased cells is greater than the cut-point value obtained by comparing a population average level of phosphorylation of the receptor in known erbB2-phosphorylated cancers to the level of phosphorylation of the receptor in the reference standards.

20. The method of claim 19, wherein the one or more diseased cells are obtained by micro-dissecting the cells from the cancerous epithelial tissue of the human.

21. The method of claim 20, wherein the micro-dissecting comprises laser capture micro-dissection.

22. The method of claim 21, wherein the protein microarray analysis comprises reverse phase protein microarray analysis.

23. The method of claim 19, wherein the cancer of epithelial origin is adenocarcinoma or is a cancer of the breast, prostate, esophagus, liver, skin, lung, ovary, stomach, pancreas, bladder, colon, rectum, kidney, head, neck or any combination thereof.

24. The method of claim 19, wherein the cancer of epithelial origin has metastasized to at least one organ site distinct from the originating organ.

25. The method of claim 19, wherein the cancer of epithelial origin is a cancer of the breast, lung, prostate, colon, or rectum.

26. The method of claim 19, wherein the cancer of epithelial origin is breast cancer.

27. The method of claim 19, wherein the cancer of epithelial origin is a cancer of the breast, lung, prostate, colon, rectum, pancreas or ovary.

28. The method of claim 26, wherein the protein microarray analysis comprises reverse phase protein microarray analysis.

29. The method of claim 28, wherein the one or more diseased cells are obtained by micro-dissecting the cells from the cancerous epithelial tissue of the human.

30. A method for identifying a human with a cancer of epithelial origin, who has been determined to be c-erbB2 positive by immunohistochemistry (IHC) or by fluorescence in situ hybridization (FISH), who should be excluded from treatment with an EGF receptor dimerization inhibitor, trastuzumab or an analogue compound thereof, or a c-erbB2 kinase inhibitor, comprising (a) measuring the level of phosphorylation of the c-erbB2 receptor in one or more diseased cells obtained from the cancerous epithelial tissue of the human by protein microarray analysis; (b) comparing the level of phosphorylation of the receptor in the one or more diseased cells to the level of phosphorylation of the receptor in one or more reference standards having a known phosphorylation level; and (c) determining that the human should be excluded from treatment with an EGF receptor dimerization inhibitor, trastuzumab or an analogue compound thereof, or a c-erbB2 kinase inhibitor if the level of phosphorylation of the receptor in the one or more diseased cells is smaller than the cut-point value obtained by comparing a population average level of phosphorylation of the receptor in known erbB2-phosphorylated cancers to the level of phosphorylation of the receptor in the reference standards.

31. The method of claim 30, wherein the one or more diseased cells are obtained by micro-dissecting the cells from the cancerous epithelial tissue of the human.

32. The method of claim 31, wherein the micro-dissecting comprises laser capture micro-dissection.

33. The method of claim 32, wherein the protein microarray analysis comprises reverse phase protein microarray analysis.

34. The method of claim 30, wherein the cancer of epithelial origin is adenocarcinoma or is a cancer of the breast, prostate, esophagus, liver, skin, lung, ovary, stomach, pancreas, bladder, colon, rectum, kidney, head, neck or any combination thereof.

35. The method of claim 30, wherein the cancer of epithelial origin is a cancer of the breast, lung, prostate, colon, or rectum.

36. The method of claim 30, wherein the cancer of epithelial origin is breast cancer.

37. The method of claim 30, wherein the cancer of epithelial origin is a cancer of the breast, lung, prostate, colon, rectum, pancreas or ovary.

38. The method of claim 30, wherein the cancer of epithelial origin has metastasized to at least one organ site distinct from the originating organ.

39. A method of using a protein microarray for identifying a human with a cancer of epithelial origin, who has been determined to be c-erbB2 negative by immunohistochemistry (IHC) or by fluorescence in situ hybridization (FISH), who would benefit from erbB2-directed treatment and therapy, comprising (a) using the protein microarray to measure the level of phosphorylation of the c-erbB2 receptor in one or more diseased cells obtained from the cancerous epithelial tissue of the human; (b) comparing the level of phosphorylation of the receptor in the one or more diseased cells to the level of phosphorylation of the receptor in one or more reference standards having a known phosphorylation level; and (c) determining that the human should be treated with erbB2-directed treatment and therapy if the level of phosphorylation of the receptor in the one or more diseased cells is greater than the cut-point value obtained by comparing a population average level of phosphorylation of the receptor in known erbB2-phosphorylated cancers to the level of phosphorylation of the receptor in the reference standards.

40. The method of claim 39, wherein the protein microarray comprises a reverse phase protein microarray.

41. The method of claim 39, wherein the cancer of epithelial origin is a cancer of the breast, lung, prostate, colon, or rectum.

42. The method of claim 39, wherein the cancer of epithelial origin is breast cancer.

43. The method of claim 39, wherein the cancer of epithelial origin is adenocarcinoma or is a cancer of the breast, prostate, esophagus, liver, skin, lung, ovary, stomach, pancreas, bladder, colon, rectum, kidney, head, neck or any combination thereof.

44. The method of claim 39, wherein the cancer of epithelial origin is a cancer of the breast, lung, prostate, colon, rectum, pancreas, or ovary.

45. A method of using a protein microarray for identifying a human with a cancer of epithelial origin, who has been determined to be c-erbB2 positive by immunohistochemistry (IHC) or by fluorescence in situ hybridization (FISH), who should be excluded from treatment with an EGF receptor dimerization inhibitor, trastuzumab or an analogue compound thereof, or a c-erbB2 kinase inhibitor, comprising (a) using the protein microarray to measure the level of phosphorylation of the c-erbB2 receptor in one or more diseased cells obtained from the cancerous epithelial tissue of the human; (b) comparing the level of phosphorylation of the receptor in the one or more diseased cells to the level of phosphorylation of the receptor in one or more reference standards having a known phosphorylation level; and (c) determining that the human should be excluded from treatment with an EGF receptor dimerization inhibitor, trastuzumab or an analogue compound thereof, or a c-erbB2 kinase inhibitor if the level of phosphorylation of the receptor in the one or more diseased cells is smaller than the cut-point value obtained by comparing a population average level of phosphorylation of the receptor in known erbB2-phosphorylated cancers to the level of phosphorylation of the receptor in the reference standards.

46. The method of claim 45, wherein the cancer of epithelial origin is adenocarcinoma or is a cancer of the breast, prostate, esophagus, liver, skin, lung, ovary, stomach, pancreas, bladder, colon, rectum, kidney, head, neck or any combination thereof.

47. The method of claim 45, wherein the cancer of epithelial origin is a cancer of the breast, lung, prostate, colon, rectum, pancreas, or ovary.

48. The method of claim 45, wherein the cancer of epithelial origin is a cancer of the breast, lung, prostate, colon or rectum.

49. The method of claim 45, wherein the cancer of epithelial origin is breast cancer.

Details for Patent 9,086,414

Applicant Tradename Biologic Ingredient Dosage Form BLA Approval Date Patent No. Expiredate
Genentech, Inc. HERCEPTIN trastuzumab For Injection 103792 09/25/1998 ⤷  Try a Trial 2028-07-08
Genentech, Inc. HERCEPTIN trastuzumab For Injection 103792 02/10/2017 ⤷  Try a Trial 2028-07-08
Genentech, Inc. HERCEPTIN HYLECTA trastuzumab and hyaluronidase-oysk Injection 761106 02/28/2019 ⤷  Try a Trial 2028-07-08
>Applicant >Tradename >Biologic Ingredient >Dosage Form >BLA >Approval Date >Patent No. >Expiredate

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