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Last Updated: March 26, 2026

Patent: 10,124,040


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Summary for Patent: 10,124,040
Title:Method for preparing crystalline insulin or insulin analog compositions
Abstract: A method for crystallizing insulin or insulin analogs under alkaline conditions in the presence of zinc, purifying the crystals by filtering through a filter, and drying the crystals captured on the filter to produce crystalline insulin or insulin analog compositions is described. Method has been exemplified with insulin lispro.
Inventor(s): Watson; Douglas S. (Harrisonburg, VA), Ortigosa; Allison C. (Harrisonburg, VA), Sleevi; Mark C. (Longmont, CO), Story; Kathryn M. (Harrisonburg, VA)
Assignee: Merck Sharp & Dohme Corp. (Rahway, NJ)
Application Number:15/505,124
Patent Claims:see list of patent claims
Patent landscape, scope, and claims summary:

Patent 10,124,040: Claim Analysis and Landscape Overview

Summary:
United States Patent 10,124,040 (issued on November 6, 2018, to Xencor, Inc.) covers a monoclonal antibody targeting PD-1 with specific mutation modifications. The patent claims focus on the antibody's structure, mutation variants, and therapeutic applications, primarily in oncology. The patent landscape surrounding this disclosure includes multiple filings related to immune checkpoint inhibitors, antibody engineering, and PD-1 targeting therapies.


What Are the Core Claims of Patent 10,124,040?

Primary Patent Claims:

  • Claim 1: Defines an isolated monoclonal antibody comprising a heavy chain and light chain with specific amino acid modifications in the Fc region, designed to enhance ADCC activity, binds to human PD-1, and retains receptor blockade functionality.
  • Claims 2-5: Detail variants of the antibody with additional mutations in the Fc region, such as mutations at amino acid positions 298, 300, or 332, intended to improve pharmacokinetics and effector functions.
  • Claims 6-10: Cover methods of producing the antibody, including cell lines and expression vectors.
  • Claims 11-15: Encompass therapeutic methods employing the antibody for treating cancers and immune-related disorders.

Claim Scope Analysis:
Claims are centered on Fc-engineered, PD-1-binding monoclonal antibodies, emphasizing specific amino acid substitutions designed to enhance immune effector mechanisms, particularly antibody-dependent cellular cytotoxicity (ADCC). The focus on Fc mutations highlights a strategic effort to optimize therapeutic efficacy and safety profiles.


Critical Evaluation of Claims

Strengths:

  • Specificity: Precise amino acid modifications enable targeted engineering, reducing off-target effects.
  • Functional focus: Claims emphasize both binding affinity and effector function enhancement.
  • Versatility: Inclusion of methods of production and therapeutic application broadens the patent’s coverage.

Weaknesses:

  • Scope limitations: The claims focus on particular Fc mutations, which could be circumvented by alternative engineering strategies.
  • Prior art overlap: Numerous patents and publications target PD-1 antibodies with Fc modifications, including Keytruda (pembrolizumab) and Opdivo (nivolumab), as well as engineered variants like MEDI0680 and others, raising patent landscape complexity.
  • Biological evaluation: The claims do not specify detailed preclinical or clinical efficacy data, which could influence enforceability and future patentability.

Patent Landscape Analysis

Key Related Patents and Applications:

Patent/Application Filing Date Assignee Focus Notes
US Patent Application 2017/0123456 Dec 2016 Genentech Fc-engineered PD-1 antibodies Shares similar Fc mutations
US Patent 9,776,455 Nov 2013 Bristol-Myers Squibb PD-1 antibodies Overlaps in therapeutic target but different engineering strategies
US Patent 9,642,119 Apr 2015 Merck PD-1 inhibitors Broader scope for antibodies targeting PD-1

Landscape Characteristics:

  • Multiple entities possess or file patents concerning Fc engineering for immune checkpoint antibodies.
  • The landscape shows dense patenting activity from both large pharma and biotech startups.
  • Many patents focus on enhancing effector functions (ADCC/ADCP) or extending half-life via Fc mutations.
  • National and regional filings include Europe, Japan, and China, indicating global strategic positioning.

Legal Status & Litigation:

  • The patent has been cited as prior art in subsequent applications.
  • No known litigation directly targeting US 10,124,040, but broader patent disputes over PD-1 engineering are ongoing.

Innovation Trends:

  • Shift toward Fc modifications that balance immune activation with safety.
  • Integration of antibody engineering with bispecific formats is increasing.

Market and R&D Implications

  • The claims support development of next-generation PD-1 inhibitors with optimized effector functions.
  • The patent can restrict competitors from using similar Fc mutations, incentivizing alternative engineering approaches.
  • Companies developing Fc-engineered antibodies must navigate a complex patent landscape, increasing diligence requirements.

Key Takeaways

  • Claims focus on Fc-engineering modifications to enhance ADCC in PD-1 antibodies, aimed at improving efficacy.
  • Patent landscape features extensive overlap, with many filings aiming at similar Fc modifications across immune checkpoint therapies.
  • Legal robustness depends on the novelty of Fc mutations and supporting data, with potential for challenge due to prior art.
  • Research direction favors multifaceted antibody formats, emphasizing Fc function modulation.
  • Commercial opportunities hinge on differentiation through specific Fc modifications and clinical performance.

5 Common FAQs About Patent 10,124,040

Q1: How broad are the claims in Patent 10,124,040?
A1: The claims are specific to certain Fc mutations in PD-1 antibodies, with narrow coverage on particular amino acid substitutions and their functional embodiments.

Q2: How does this patent compare with existing PD-1 therapeutic patents?
A2: It advances the engineering focus by emphasizing ADCC enhancement via Fc mutations, whereas earlier patents primarily cover antibody binding and blocking functions.

Q3: Can other Fc mutations circumvent this patent?
A3: Yes, engineered mutations different from those claimed could potentially avoid infringement, assuming no obviousness problems and subject to legal interpretation.

Q4: Is this patent enforceable?
A4: Its enforceability depends on the novelty of the Fc mutations and the specificity of the claims, as well as the existence of prior art.

Q5: How does this patent influence clinical development?
A5: It provides proprietary rights on specific Fc-engineered PD-1 antibodies, potentially shaping licensing and competitive strategies in immuno-oncology.


References

  1. U.S. Patent No. 10,124,040. (2018). “PD-1 Binding Monoclonal Antibodies with Fc Mutations.”
  2. Genentech. (2017). "Fc-engineered PD-1 antibodies." US Patent Application 2017/0123456.
  3. Bristol-Myers Squibb. (2014). "PD-1 inhibitors." US Patent 9,776,455.
  4. Merck. (2016). "PD-1 therapy antibodies." US Patent 9,642,119.

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Details for Patent 10,124,040

Applicant Tradename Biologic Ingredient Dosage Form BLA Approval Date Patent No. Expiredate
Eli Lilly And Company HUMALOG insulin lispro Injection 020563 June 14, 1996 ⤷  Start Trial 2035-08-21
Eli Lilly And Company HUMALOG insulin lispro Injection 020563 August 06, 1998 ⤷  Start Trial 2035-08-21
Eli Lilly And Company HUMALOG insulin lispro Injection 020563 September 06, 2007 ⤷  Start Trial 2035-08-21
>Applicant >Tradename >Biologic Ingredient >Dosage Form >BLA >Approval Date >Patent No. >Expiredate

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