Patent: 7,824,679
Summary for Patent: 7,824,679
| Title: | Human monoclonal antibodies to CTLA-4 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Abstract: | In accordance with the present invention, there are provided fully human monoclonal antibodies against human cytotoxic T-lymphocyte antigen 4 (CTLA-4). Nucelotide sequences encoding and amino acid sequences comprising heavy and light chain immunoglobulin molecules, particularly contiguous heavy and light chain sequences spanning the complementarity determining regions (CDRs), specifically from within FR1 and/or CDR1 through CDR3 and/or within FR4, are provided. Further provided are antibodies having similar binding properties and antibodies (or other antagonists) having similar functionality as antibodies disclosed herein. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Inventor(s): | Hanson; Douglas Charles (Niantic, CT), Neveu; Mark Joseph (Hartford, CT), Mueller; Eileen Elliott (Old Lyme, CT), Hanke; Jeffrey Herbert (Reading, MA), Gilman; Steven Christopher (Cambridge, MA), Davis; C. Geoffrey (Burlingame, CA), Corvalan; Jose Ramon (Foster City, CA) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Assignee: | Amgen Fremont Inc. (Fremont, CA) Pfizer Inc. (New York, NY) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Application Number: | 11/981,810 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Patent Claims: | see list of patent claims | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Patent landscape, scope, and claims summary: | US Patent 7,824,679: CTLA-4 Antibody Claims, Patent Scope, Expiration, and Competitive LandscapeUS Patent 7,824,679 covers defined human anti-CTLA-4 antibodies and antibody fragments using specified heavy- and light-chain variable-region sequences. Its claims are sequence-specific rather than a broad monopoly over every CTLA-4 antibody. The patent is associated with the Medarex anti-CTLA-4 antibody program that produced ipilimumab, marketed by Bristol Myers Squibb as Yervoy. The patent’s ordinary US patent term expired in the early 2020s, and the patent is not a current standalone barrier to commercial development in 2025. Its historical importance remains significant because it covers antibody sequence combinations, full immunoglobulins, fragments, pharmaceutical compositions, and tumor-treatment methods. It does not, by itself, establish current exclusivity for Yervoy or every later-generation CTLA-4 product. What does US Patent 7,824,679 cover?The patent claims human monoclonal antibodies that bind CTLA-4 and contain specified combinations of variable heavy-chain and variable light-chain sequences. The core claim architecture is:
The claims expressly include Fab, F(ab')2, Fv, single-chain antibodies, bispecific antibodies, and immunoglobulin classes including IgG, IgM, IgE, IgA, and IgD. The patent therefore reaches beyond a conventional full-length IgG1 product, at least at the claim-language level. The claims also cover:
The patent does not claim every antibody that binds CTLA-4. A competing antibody with different CDRs and different variable-region sequences would generally fall outside the literal sequence limitations, subject to any doctrine-of-equivalents analysis and the scope of other patents. What antibody sequences are claimed by US 7,824,679?Claim 1 lists nine heavy-chain/light-chain variable-domain pairings:
Claims 6 and 7 separately identify complete heavy-chain and light-chain combinations. Claim 7 narrows the coverage to:
Claims 8-19 create additional claim sets around individual heavy- or light-chain sequences. Those claims may be useful against products containing one claimed chain in combination with a different constant region or antibody format, although infringement depends on the precise claim language, product construction, and applicable claim interpretation. How broad are the claims?The claims are broad in format but narrow in sequence. Broad elementsThe patent expressly covers multiple molecular formats:
A product does not avoid the patent merely because it is an antibody fragment or bispecific molecule if it retains the claimed variable-region sequence or another limitation required by the asserted claim. Narrow elementsThe principal limitation is the specified antibody sequence. Claim 1 does not simply require binding CTLA-4. It requires the listed heavy- and light-chain variable-domain combinations. Claims 6-19 similarly depend on particular chains or sequence sets. This structure creates a conventional sequence-defined antibody patent:
The claim language also creates construction issues. The phrase "comprises" can preserve some flexibility, but the recited variable-domain sequences remain the central technical limitation. Constant-region substitutions, glycoengineering, Fc modifications, linker changes, or fusion to another binding domain would not necessarily remove infringement if the claimed variable-region sequences remain present. Does US Patent 7,824,679 cover ipilimumab?The patent is part of the Medarex anti-CTLA-4 patent family associated with ipilimumab development. Ipilimumab is a recombinant human monoclonal antibody against CTLA-4 and is marketed in the United States as Yervoy by Bristol Myers Squibb. The patent should not be treated as the only patent relevant to ipilimumab. Commercial protection for Yervoy has involved a portfolio that includes:
The relevant question for an infringement or freedom-to-operate analysis is not whether a product is generally "anti-CTLA-4." It is whether the product contains the claimed sequences, practices a claimed method, or falls within another live patent in the broader Yervoy portfolio. When did US Patent 7,824,679 lose exclusivity?US Patent 7,824,679 is no longer an active enforceable patent under its ordinary patent term. The patent traces to an early anti-CTLA-4 filing priority date and reached the end of its 20-year US term in the early 2020s, generally associated with a March 2020 expiration date for the underlying priority chain. The key distinction is between this patent and other Yervoy-related patents:
A patent-term extension awarded to another Yervoy-related patent would not automatically extend US 7,824,679. Each patent requires a separate term analysis, and a regulatory extension attaches to the patent identified in the extension application. What is the FDA regulatory status of the product associated with this patent?Ipilimumab is approved by the FDA under Biologics License Application No. 125377 and is marketed as Yervoy. It is approved for multiple oncology indications, including melanoma, renal cell carcinoma, colorectal cancer with specified molecular characteristics, hepatocellular carcinoma, non-small cell lung cancer, mesothelioma, esophageal cancer, and other uses depending on the current labeling. The product is a biologic, not a conventional small-molecule drug. The principal US follow-on pathway is therefore a biosimilar application under section 351(k) of the Public Health Service Act. The patent itself does not establish FDA approval. Its treatment claims may overlap with approved Yervoy indications, but regulatory approval and patent infringement are separate legal questions. What is the Orange Book status of US Patent 7,824,679?US Patent 7,824,679 should not be analyzed as an ordinary Orange Book patent for Yervoy. The Orange Book primarily lists patents for approved drug products approved through the NDA pathway. Yervoy is licensed as a biologic under a BLA. Biologic patent information is generally analyzed through:
The absence of an Orange Book listing does not mean that no patent rights affect Yervoy. It means that the Orange Book Paragraph IV framework is not the principal mechanism for this biologic. Are there Paragraph IV challenges to US Patent 7,824,679?A conventional ANDA Paragraph IV challenge is not the expected pathway for a biosimilar version of Yervoy because ipilimumab is a biologic. A biosimilar applicant proceeds under section 351(k), not through an ANDA. The relevant risks are:
Because US 7,824,679 is expired, a new biosimilar applicant would normally focus on live patents, regulatory exclusivity, manufacturing know-how, and other family members rather than challenge this patent as a current launch barrier. Which companies are challenging Yervoy exclusivity?The competitive threat is more likely to come from biosimilar developers and oncology competitors than from an ANDA applicant targeting US 7,824,679. Potential competitive groups include:
Public commercial competition against Yervoy also comes from nivolumab, pembrolizumab, atezolizumab, durvalumab, tislelizumab, and other checkpoint inhibitors. These products do not necessarily infringe the patent because they target different immune-checkpoint molecules or use different antibody sequences. No conventional generic challenge to Yervoy under the Hatch-Waxman Paragraph IV process should be inferred from the existence of this patent. How strong is the patent estate for ipilimumab?The estate is strongest against exact or near-exact copies of the disclosed antibody sequences and weaker against independently discovered CTLA-4 antibodies. Strengths
Weaknesses
Patent strength must therefore be evaluated at the portfolio level. This patent alone is not a current blocking right. What formulations are protected by this patent?Claims 4, 12, and 18 cover pharmaceutical compositions containing the claimed antibody or antigen-binding portion and a pharmaceutically acceptable carrier. These claims are composition claims, but they are not detailed formulation claims in the conventional sense. The provided claims do not specify:
A later patent could provide narrower protection for a particular Yervoy formulation, concentration, excipient system, or manufacturing process. Claim 4 should not be treated as a substitute for a dedicated formulation patent. What manufacturing and intellectual-property barriers remain?The antibody sequence is only one part of commercial entry risk. A biosimilar or follow-on developer must address:
The patent may be expired, but manufacturing know-how and regulatory complexity can remain material barriers. Trade secrets relating to cell culture, purification, formulation, analytical methods, and release specifications are not disclosed by the patent and do not expire on the patent timetable. What litigation and settlement issues affect this patent?US 7,824,679 should be separated from the broader Yervoy patent portfolio in litigation analysis. A litigation review should examine:
The absence of an identified Paragraph IV case is not surprising because Yervoy is a biologic. Settlement analysis is more likely to arise in BPCIA litigation or licensing negotiations involving live patents in the ipilimumab portfolio. How does this patent compare with competing CTLA-4 patent strategies?
The patent’s commercial value was greatest before expiration and during the period when ipilimumab had regulatory and market exclusivity. Its current value is primarily historical, evidentiary, and relevant to patent-family reconstruction. What generic or biosimilar launch scenarios exist?Scenario 1: Exact-sequence biosimilarAn ipilimumab biosimilar reproducing the claimed variable regions could have faced this patent historically. In 2025, the expired status of US 7,824,679 reduces its direct launch significance. Live related patents would remain the principal issue. Scenario 2: Sequence-distinct CTLA-4 antibodyA new CTLA-4 antibody with different variable regions would generally have a stronger design-around position against this patent. It could still face other patents covering CTLA-4 epitopes, functional activity, combinations, formulations, or manufacturing. Scenario 3: Bispecific CTLA-4 productClaims 2, 10, and 16 expressly include bispecific formats. A bispecific containing a claimed anti-CTLA-4 variable region could have faced the patent during its term. A bispecific using an unrelated CTLA-4 binder would require a separate analysis. Scenario 4: Fragment or Fc-engineered productChanging the constant region, Fc function, or molecular format would not necessarily avoid claims that recite the variable-domain sequence. A product using different variable regions would present a stronger noninfringement position. What is the revenue exposure associated with this patent?Yervoy generated approximately $2 billion or more in annual worldwide revenue in recent years, depending on the reporting period and exchange-rate treatment. Bristol Myers Squibb has reported Yervoy as a major oncology product, frequently in combination with Opdivo. That revenue should not be attributed exclusively to US Patent 7,824,679. The commercial exposure is distributed across:
The patent’s expiration does not imply an immediate generic-style erosion event. Biologic manufacturing, FDA review, interchangeability, physician switching, payer controls, and remaining patents can delay or moderate competition. Geographic coverage of US Patent 7,824,679US Patent 7,824,679 provides rights only in the United States. Parallel rights must be evaluated country by country through the relevant national-stage or direct-application patents. A global freedom-to-operate review should examine:
Expiration in the United States does not establish expiration in other jurisdictions. Conversely, an expired foreign counterpart does not affect US rights. Key Takeaways
FAQsDoes US Patent 7,824,679 claim the Yervoy brand name?No. The patent claims antibody molecules, antibody fragments, compositions, and treatment methods. It does not claim the Yervoy trademark or brand identity. Can a CTLA-4 biosimilar avoid this patent by changing the Fc region?Changing the Fc region may not avoid a claim that requires the same variable-region sequence. The result depends on the asserted claim and whether the product retains the claimed heavy- and light-chain limitations. Does patent expiration permit immediate substitution of a Yervoy biosimilar?No. A biosimilar sponsor still requires FDA approval, must satisfy applicable BPCIA requirements, and may face other live patents, regulatory barriers, manufacturing constraints, or interchangeability issues. Are the tumor-treatment claims limited to melanoma?The provided claims recite treating a tumor and do not identify melanoma as the sole disease. The enforceable scope depends on claim construction, specification support, prosecution history, and the precise antibody used. Does an expired antibody patent eliminate trade-secret risk?No. Patent expiration ends the patent right, but it does not disclose or eliminate manufacturing trade secrets, process controls, cell-line information, analytical methods, or confidential regulatory data. References
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Details for Patent 7,824,679
| Applicant | Tradename | Biologic Ingredient | Dosage Form | BLA | Approval Date | Patent No. | Expiredate |
|---|---|---|---|---|---|---|---|
| Bristol-myers Squibb Company | YERVOY | ipilimumab | Injection | 125377 | March 25, 2011 | 7,824,679 | 2027-10-31 |
| Octapharma Pharmazeutika Produktionsges.m.b.h. | CUTAQUIG | immune globulin subcutaneous (human)-hipp | Solution | 125668 | December 12, 2018 | 7,824,679 | 2027-10-31 |
| >Applicant | >Tradename | >Biologic Ingredient | >Dosage Form | >BLA | >Approval Date | >Patent No. | >Expiredate |
International Patent Family for US Patent 7,824,679
| Country | Patent Number | Estimated Expiration |
|---|---|---|
| African Regional IP Organization (ARIPO) | 1590 | ⤷ Start Trial |
| Austria | E458008 | ⤷ Start Trial |
| Australia | 2214900 | ⤷ Start Trial |
| Australia | 772676 | ⤷ Start Trial |
| Bulgaria | 105722 | ⤷ Start Trial |
| Bulgaria | 65899 | ⤷ Start Trial |
| >Country | >Patent Number | >Estimated Expiration |
