Treatment of metastatic breast cancer

Patent No. US10689457 (titled "Treatment of metastatic breast cancer") on Oct 13, 2016. The application was issued on Jun 23, 2020.

What is this patent about?

’457 is related to the field of oncology and the targeted treatment of HER2-positive metastatic breast cancer. Specifically, it addresses the clinical challenge of improving survival outcomes for patients who have not yet received systemic chemotherapy or biologic therapy for their metastatic disease. While existing treatments like trastuzumab and taxanes have improved prognosis, metastatic breast cancer remains largely incurable, necessitating more aggressive and effective first-line intervention strategies.

The underlying idea behind ’457 is that a dual-antibody blockade targeting different regions of the HER2 receptor, when combined with a taxane, provides a synergistic therapeutic effect that significantly extends survival. By using one antibody to inhibit HER2 dimerization and another to inhibit growth through a separate epitope, the invention effectively shuts down multiple signaling pathways that drive tumor proliferation. Crucially, this intensified regimen is designed to be administered without increasing the risk of cardiac toxicity, a common concern in HER2-targeted therapies.

The claims of ’457 focus on a specific triple-combination regimen consisting of pertuzumab, trastuzumab, and docetaxel for previously untreated patients. The independent claims define a precise dosing schedule: pertuzumab is delivered as a fixed 840 mg loading dose followed by 420 mg maintenance doses; trastuzumab is weight-based at 8 mg/kg then 6 mg/kg; and docetaxel is administered starting at 75 mg/m² with a provision for escalation to 100 mg/m². The claims specifically require that this combination increases overall survival without increasing cardiac-specific adverse events or congestive heart failure compared to a two-drug regimen.

In practice, the invention is implemented as an intravenous infusion cycle repeated every three weeks. The treatment protocol allows for the escalation of the chemotherapy component if the patient demonstrates good tolerance, maximizing the cytotoxic impact while the antibodies maintain a continuous receptor blockade. This approach is particularly targeted at patients with a baseline left ventricular ejection fraction of at least 50%, ensuring that the heart's pumping capacity is sufficient to handle the potent therapeutic combination.

This invention differs from prior approaches by moving the combination of two different HER2-binding antibodies into the first-line setting for metastatic disease. Unlike earlier methods that used these agents sequentially or only after a patient failed initial therapy, ’457 demonstrates that early intervention with a comprehensive HER2 inhibition strategy provides a superior survival benefit. By standardizing the pertuzumab component as a fixed dose rather than weight-based, the invention also simplifies clinical administration while achieving the necessary therapeutic serum concentrations.

How does this patent fit in bigger picture?

Technical Landscape

In the late 2000s when ’457 was filed, the treatment of HER2-positive malignancies was typically implemented using monotherapy or dual-agent regimens consisting of a single HER2-targeted antibody combined with a cytotoxic agent. At a time when clinical protocols commonly relied on the inhibition of HER2 protein overexpression rather than the simultaneous blockade of receptor dimerization, therapeutic strategies were often constrained by the eventual progression of metastatic disease despite initial intervention. In this era, when software and hardware constraints made the large-scale modeling of multi-receptor signaling pathways non-trivial, the standard of care for previously untreated metastatic breast cancer focused on maximizing the efficacy of established humanized antibodies like trastuzumab alongside taxane-based chemotherapy.

Prosecution Position

The disclosed invention represents a meaningful technical advancement through an architectural shift in first-line immunotherapy, moving from single-target inhibition to a triple-combination regimen that integrates a growth inhibitory HER2 antibody, a HER2 dimerization inhibitor, and a taxane. This integration addresses the technical problem of tumor evasion and signaling redundancy in HER2-positive metastatic breast cancer, particularly in patients who have not received prior systemic therapy. By simultaneously targeting Domain IV and the junction of Domains I, II, and III of the HER2 receptor, the solution achieves a synergistic technical effect that disrupts both ligand-independent and ligand-induced signaling complexes. This multi-faceted approach enables a significant extension of progression-free and overall survival, overcoming the technical constraints of therapeutic resistance associated with conventional dual-agent protocols.

Claims

The patent contains a total of 5 claims, with claims 1 and 5 serving as the independent claims. These independent claims focus on specific therapeutic methods for treating HER2-positive metastatic breast cancer in patients who have not received prior chemotherapy or anti-HER2 therapy, utilizing a triple-combination regimen of pertuzumab, trastuzumab, and docetaxel administered at precise dosages and intervals to improve survival rates without increasing cardiac risks. The dependent claims serve to further define the patient population by pre-treatment heart function metrics and specify the types of cardiac-specific adverse events monitored during the treatment process.

Key Claim Terms New

Definitions of key terms used in the patent claims.

Term (Source)Support for SpecificationInterpretation
Fixed loading dose
(Claim 1, Claim 5)
Population PK modeling of data from Phase Ia and Phase II studies support the continued use of fixed, nonweight-based dosing in female patients. In Phase II studies, a loading dose of 840 mg (followed by 420 mg every 3 weeks), led to the attainment of steady-state trough (Cmin) and peak (Cmax) concentrations by the second cycle and achieved a PK target of 20 μg/mL (based on pre-clinical tumor xenograft models).An initial dose of a therapeutic agent (specifically 840 mg for pertuzumab) that is not adjusted based on the patient's weight, intended to rapidly achieve steady-state concentrations.
Left ventricular ejection fraction
(Claim 5)
In another aspect, the invention concerns a method for the treatment of breast cancer, comprising administering to a HER2 positive metastatic breast cancer patient an effective amount of a first HER2 antibody binding essentially to epitope 2C4, a second HER2 antibody binding essentially to epitope 4D5, and a taxane, wherein the patient did not receive prior chemotherapy or biologic therapy. In a still further embodiment, administration of the pertuzumab, trastuzumab and docetaxel extends survival of the human patient relative to treatment in the absence of at least one of pertuzumab, trastuzumab and docetaxel. [Note: The specification uses LVEF as a clinical parameter for cardiac safety monitoring during the described combination therapy.]A measure of cardiac function used to assess the patient's heart health prior to and during treatment, specifically to monitor for asymptomatic LVEF events or congestive heart failure.
Overall survival
(Claim 1, Claim 5)
“Survival” refers to the patient remaining alive, and includes overall survival as well as progression free survival. “Overall survival” or “OS” refers to the patient remaining alive for a defined period of time, such as 1 year, 5 years, etc from the time of diagnosis or treatment. For the purposes of the clinical trial described in the examples, overall survival (OS) is defined as the time from the date of randomization of patient population to the date of death from any cause.The duration of time from the date of randomization of the patient population to the date of death from any cause.
Pertuzumab
(Claim 1, Claim 5)
Pertuzumab (also known as recombinant human monoclonal antibody 2C4; OMNITARG™, Genentech, Inc, South San Francisco) represents the first in a new class of agents known as HER dimerization inhibitors (HDI) and functions to inhibit the ability of HER2 to form active heterodimers with other HER receptors (such as EGFR/HER1, HER3 and HER4) and is active irrespective of HER2 expression levels. Pertuzumab blockade of the formation of HER2-HER3 heterodimers in tumor cells has been demonstrated to inhibit critical cell signaling, which results in reduced tumor proliferation and survival (Agus et al. Cancer Cell 2:127-37 (2002)).A HER2 dimerization inhibitor (HDI) antibody, also known as recombinant human monoclonal antibody 2C4, that functions to inhibit the ability of HER2 to form active heterodimers with other HER receptors (such as EGFR/HER1, HER3 and HER4).
Trastuzumab
(Claim 1, Claim 5)
A recombinant humanized version of the murine HER2 antibody 4D5 (huMAb4D5-8, rhuMAb HER2, trastuzumab or HERCEPTIN®; U.S. Pat. No. 5,821,337) is clinically active in patients with HER2-overexpressing metastatic breast cancers that have received extensive prior anti-cancer therapy (Baselga et al., J. Clin. Oncol. 14:737-744 (1996)). Trastuzumab received marketing approval from the Food and Drug Administration Sep. 25, 1998 for the treatment of patients with metastatic breast cancer whose tumors overexpress the HER2 protein.A recombinant humanized version of the murine HER2 antibody 4D5 (huMAb4D5-8) that is clinically active in patients with HER2-overexpressing metastatic breast cancers.

Litigation Cases New

US Latest litigation cases involving this patent.

Case NumberFiling DateTitle
2:25-cv-14648Aug 14, 2025Genentech, Inc. V. Shanghai Henlius Biotech, Inc.

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US10689457

Application Number
US15293165A
Filing Date
Oct 13, 2016
Publication Date
Jun 23, 2020
External Links
Slate, USPTO , Google Patents