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Patent: 10,232,040
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Summary for Patent: 10,232,040
| Title: | Anti-B7 H1 and anti-CTLA-4 antibodies for treating non-small cell lung cancer |
| Abstract: | Provided herein are methods of treating non-small cell lung cancers comprising administering an effective amount of MEDI4736 or an antigen-binding fragment thereof and tremelimumab or an antigen-binding fragment thereof. |
| Inventor(s): | Narwal; Rajesh (Gaithersburg, MD), Robbins; Paul (Gaithersburg, MD), Karakunnel; Joyson (Gaithersburg, MD), Dar; Mohammed (Gaithersburg, MD) |
| Assignee: | MEDIMMUNE, LLC (Gaithersburg, MD) |
| Application Number: | 14/710,101 |
| Patent Claims: | see list of patent claims |
| Patent landscape, scope, and claims summary: | Executive summary: US Patent 10,232,040 is a US method-of-treatment patent aimed at a specific dosing regimen combining MEDI4736 (durvalumab; an anti–PD-L1 antibody) with tremelimumab (an anti–CTLA-4 antibody) for non-small cell lung cancer (NSCLC). The independent claim is constrained to: (i) MEDI4736 dose levels (20 mg/kg in claim 1; additional dose windows in dependent claims and other claim sets), (ii) tremelimumab dose (1 mg/kg), (iii) a defined sequencing gap (MEDI4736 administered about 1 hour after tremelimumab), and (iv) a capped early dosing period (every 4 weeks for at most 16 weeks) followed by an optional continuation schedule (every 2 weeks after week 16) with a stated maximum duration (52 weeks). The estate’s enforceability risk concentrates in sequencing, dose-precision, and whether accused regimens fall outside the claim’s temporal and titration windows. The closest practical “generic/biosimilar style” carve-outs are not route substitutions or indication broadeners, but deviations in administration timing (not “about 1 hour”), regimen length (beyond “at most 16 weeks” for the q4w portion), or MEDI4736 dose (10/15/20 mg/kg bands versus other durvalumab schedules). The competitive and regulatory history points to the same combination and class of regimen being clinically explored, but patent coverage is narrower than broad “combination therapy” claims because it is regimen-specific. United States Patent 10,232,040 claims and patent landscape for MEDI4736 (durvalumab) plus tremelimumab in NSCLCUS 10,232,040 is a method-of-treatment patent focused on a particular dosing schedule and sequencing for MEDI4736 and tremelimumab in NSCLC. The claim set you provided contains three dosing “tracks” (20/15/10 mg/kg MEDI4736, each paired with 1 mg/kg tremelimumab), with consistent sequencing (MEDI4736 about 1 hour after tremelimumab), consistent early interval (q4w for at most 16 weeks), and a consistent optional continuation (MEDI4736 q2w after week 16) with a maximum total duration of 52 weeks in certain dependent claims. Because the patent is regimen-limited, the landscape analysis is dominated by: (1) whether competitors use the same sequencing gap, (2) whether they replicate the “at most 16 weeks” q4w cap, (3) whether they use the same MEDI4736 mg/kg dose, and (4) whether they treat the same NSCLC clinical population framing (refractory or immunotherapy-naive; locally advanced unresectable or metastatic; squamous or non-squamous). What is the core treatment regimen protected by US 10,232,040?Featured snippet answer: The patent protects an NSCLC treatment method combining MEDI4736 (durvalumab) and tremelimumab with MEDI4736 given about 1 hour after tremelimumab, dosed at specific mg/kg levels, administered q4w for at most 16 weeks, with an optional step to q2w after week 16 (in certain claims), and (in certain dependent claims) a maximum total treatment length of 52 weeks. Claim 1 dosing and timing constraintsFrom your provided claims, claim 1 is the relevant “independent” anchor:
Claim 2 continuation step
Parallel claim sets with 10 mg/kg and 15 mg/kg MEDI4736Your claim text includes other sets that track the same regimen logic but with different MEDI4736 dose levels:
Practical reading: these are not just “different dosages.” They represent distinct regimen “entry points” for infringement analysis. A competitor is less likely to land in the same claim scope if they (i) avoid the exact MEDI4736 mg/kg and/or (ii) change the transition dose after week 16 (claim 2/14/26 fix the post-week-16 MEDI4736 dose to 10 mg/kg). Which claim limitations are most infringement-sensitive (and easiest to design around)?Featured snippet answer: The most infringement-sensitive limitations are the regimen sequencing (“about 1 hour” between tremelimumab and MEDI4736), the early schedule cap (“every 4 weeks for at most 16 weeks”), and the specific MEDI4736 mg/kg dosing levels (20, 15, or 10 mg/kg depending on the claim track). Route and tumor-shrinkage endpoints are typically more evidentiary than definitional in method claims. 1) “About 1 hour” sequencing
2) “Every 4 weeks for at most 16 weeks” cap
3) MEDI4736 mg/kg selection and post-16 transition
4) Population framing (refractory vs immunotherapy-naive)
5) Tumor response thresholds
What do claims cover regarding patient population, disease stage, and histology?Featured snippet answer: Coverage includes NSCLC broadly, with dependent claim options specifying locally advanced unresectable or metastatic disease and squamous versus non-squamous histology, plus optional dependent limitations for refractory or immunotherapy-naive status. Disease status
Prior therapy status
Chemotherapeutic agents listedIn your provided dependent claims, the refractory list includes:
Enforcement effect: If an accused regimen uses tremelimumab + durvalumab but the patient population is not refractory to at least one listed agent (as opposed to different prior therapies), that dependent coverage may not be triggered. What patents cover MEDI4736 plus tremelimumab combinations in NSCLC beyond US 10,232,040?Executive constraint: A complete “patent landscape” mapping requires the full US application bibliographic data and the full family set for US 10,232,040, then correlating to other relevant families (e.g., MEDI4736/durvalumab combination dosing, CTLA-4 combination schedules, and regimen sequencing patents) and to the Orange Book or relevant FDA biologics listings. The prompt provides only the claim text and not the patent’s publication/application number, assignee, priority dates, or related family identifiers. Without that, an accurate cross-patent landscape cannot be produced. Accordingly, no landscape chart of other specific US patents can be asserted here. How strong is the patent estate for regimen-specific protection (timing, dose, and duration)?Featured snippet answer: Strength is tied to whether competitors replicate the exact combination dosing “recipe.” The estate is strong for enforcement against methods that use the same MEDI4736 mg/kg, the same tremelimumab dose, the same “about 1 hour” sequencing, and the same q4w-for-maximum-16-weeks structure. Its vulnerability is highest where competitors alter timing, switch dose or schedule before the claimed transition point, or avoid the dependent claim dose transition. Strength drivers
Primary weak points
How does the MEDI4736 plus tremelimumab regimen compare to common immune-oncology dosing approaches?From a patent scope standpoint, the differentiators are unusually tight:
Key business implication: even if the competitor uses the same two molecules in NSCLC, a protocol that changes sequencing or duration windows may reduce infringement risk more than a protocol that merely changes route. What generic entry risks exist for US 10,232,040?Featured snippet answer: No “generic entry” risk exists in the conventional small-molecule sense because MEDI4736/durvalumab and tremelimumab are antibodies. The operative competitive risk is not generic substitution. It is the ability of biosimilar developers or competing biologic regimens to use a different dosing/sequence schedule and exit claim limitations. Where biosimilar developers can mitigate risk
What FDA regulatory status is most relevant to this patent claim set?Executive constraint: The prompt does not provide the assignee, application, or publication linkage required to map US 10,232,040 to specific FDA approvals, labeling regimens, or the biologics license application (BLA) milestones. Without that, a correct Orange Book/Biologics License Application regulatory status summary cannot be produced. No FDA pathway mapping is provided. What patent litigation affects US 10,232,040?Executive constraint: The prompt does not provide the patent’s assignee, case caption, court, or any litigation identifier. Without those, listing litigation and settlement terms would risk inaccuracy. No litigation summary is provided. What are the key claim-by-claim takeaways for freedom-to-operate analysis?A. Independent claim anchor (claim 1)A method infringes most directly when it matches:
B. Dependent escalation and duration (claims 2-3)Potentially narrower add-ons:
C. Alternate dose tracks
D. Conditional patient framing
E. Outcome thresholds
Key Takeaways
FAQs
References (APA)
More… ↓ |
Details for Patent 10,232,040
| Applicant | Tradename | Biologic Ingredient | Dosage Form | BLA | Approval Date | Patent No. | Expiredate |
|---|---|---|---|---|---|---|---|
| Eli Lilly And Company | ERBITUX | cetuximab | Injection | 125084 | February 12, 2004 | ⤷ Start Trial | 2035-05-12 |
| Eli Lilly And Company | ERBITUX | cetuximab | Injection | 125084 | March 28, 2007 | ⤷ Start Trial | 2035-05-12 |
| Genentech, Inc. | AVASTIN | bevacizumab | Injection | 125085 | February 26, 2004 | ⤷ Start Trial | 2035-05-12 |
| Sanofi Pasteur Limited | ADACEL | tetanus toxoid, reduced diphtheria toxoid and acellular pertussis vaccine, adsorbed | Injection | 125111 | June 10, 2005 | ⤷ Start Trial | 2035-05-12 |
| Merz Pharmaceuticals Gmbh C/o Merz Pharmaceuticals Llc | XEOMIN | incobotulinumtoxina | For Injection | 125360 | July 30, 2010 | ⤷ Start Trial | 2035-05-12 |
| >Applicant | >Tradename | >Biologic Ingredient | >Dosage Form | >BLA | >Approval Date | >Patent No. | >Expiredate |
International Patent Family for US Patent 10,232,040
| Country | Patent Number | Estimated Expiration |
|---|---|---|
| World Intellectual Property Organization (WIPO) | 2016030455 | ⤷ Start Trial |
| World Intellectual Property Organization (WIPO) | 2015173267 | ⤷ Start Trial |
| United States of America | 2023115328 | ⤷ Start Trial |
| United States of America | 2019240324 | ⤷ Start Trial |
| United States of America | 2016060344 | ⤷ Start Trial |
| >Country | >Patent Number | >Estimated Expiration |
