IP Library Granted Patent US 11,193,937
Granted Patent B2
US 11,193,937 · App. 15/712,246 · Granted Dec 7, 2021

Immunohistochemical assay for detecting expression of programmed death ligand 1 (PD-L1) in tumor tissue

Inventors: Marisa Dolled-Filhart (Highland Park, NJ); Kenneth Emancipator (Bernardsville, NJ); Frank Lynch (Newtown, PA); Robert H. Pierce (San Francisco, CA); Dianna Wu (Skillman, NJ)
Assignee: Merck Sharp & Dohme Corp.
G01N33/57492G01N33/5743G01N33/57415G01N33/57423G01N2333/70596G01N2800/52
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Quick Facts
Patent No.
US 11,193,937
App. No.
15/712,246
Granted
Dec 7, 2021
Kind
B2
Abstract

The present disclosure provides processes for describing and quantifying the expression of human programmed death ligand-1 (PD-L1) in tumor tissue sections as detected by immunohistochemical assay using an antibody that specifically binds to PD-L1. The results generated using these processes have a variety of experimental, diagnostic and prognostic applications.

Claims (14)

1. A method for treating a human patient diagnosed with non small cell lung carcinoma (NSCLC), the method comprising:

a. obtaining a diagnostic report that provides one or both of a modified H score (MHS) and a modified P score (MPS) for PD-L1 expression for a tumor sample removed from the patient,

wherein a specified threshold is selected from the group consisting of: (i) MHS=190; (ii) MPS=90; and (iii) MHS=190 and MPS=90;

wherein the MHS and the MPS were determined by a scoring process comprising:

(i) staining a tissue section from the tumor sample in an immunohistochemical (IHC) assay with an antibody that specifically binds to human PD-L1 (anti-PD-L1 Ab), wherein the anti-PD-L1 antibody is a monoclonal antibody which comprises a light chain mature variable region of SEQ ID NO:6 and a heavy chain mature variable region of SEQ ID NO:14, or the anti-PD-L1 antibody is a monoclonal antibody which comprises a light chain mature variable region of SEQ ID NO:21 and a heavy chain mature variable region of SEQ ID NO:29;

(ii) examining each tumor nest in the tissue section for staining; and

(iii) assigning one or both of the MHS and MPS to the tissue section,

wherein assigning the MHS comprises estimating, across all of the viable tumor cells and stained mononuclear inflammatory cells in all of the examined tumor nests, four separate percentages for cells that have no staining, weak staining, moderate staining and strong staining, wherein a cell must have at least partial membrane staining to be included in the weak, moderate or strong staining percentages, and wherein the sum of all four percentages equals 100; inputting the estimated percentages into the formula of MHS=1x(percent of weak staining cells)+2x (percent of moderate staining cells)+3x(percent of strong staining cells);

wherein assigning the MPS comprises estimating, across all of the viable tumor cells and mononuclear inflammatory cells in all of the examined tumor nests, the percentage of cells that have at least partial membrane staining of any intensity; and

wherein if both the MHS and MPS are assigned, the assignments may be performed in either order or simultaneously; and

b. administering a PD-1 antagonist to the patient if one or both of the MHS and the MPS is at or above the specified threshold.

2. The method of claim 1 , wherein the PD-1 antagonist is BMS-936558 (nivolumab), MPDL3280A, CT-011, ONO-4538, BMS-936559, MEDI4736, AMP-224 or an anti-PD-1 antibody which comprises a heavy chain and a light chain, and wherein the heavy chain comprises SEQ ID NO:32 and the light chain comprises SEQ ID NO:33.

3. The method of claim 2 , wherein the PD-1 antagonist is BMS-936558 (nivolumab).

4. The method of claim 2 , wherein the PD-1 antagonist is an anti-PD-1 antibody which comprises a heavy chain and a light chain, and wherein the heavy chain comprises SEQ ID NO:32 and the light chain comprises SEQ ID NO:33.

Assignments (4)
MERGER Recorded Aug 8, 2022
From: MERCK SHARP & DOHME CORP.
To: MERCK SHARP & DOHME LLC
Reel/Frame 061102/0145 →
ASSIGNMENT OF ASSIGNOR'S INTEREST Recorded Jul 24, 2018
From: DOLLED-FILHART, MARISSA; EMANCIPATOR, KENNETH; PIERCE, ROBERT A.; WU, DIANNA
To: MERCK SHARP & DOHME CORP.
Reel/Frame 046445/0078 →
ASSIGNMENT OF ASSIGNOR'S INTEREST Recorded Jul 24, 2018
From: LYNCH, FRANK
To: QUALTEK MOLECULAR LABORATORIES
Reel/Frame 046445/0677 →
ASSIGNMENT OF ASSIGNOR'S INTEREST Recorded Jul 24, 2018
From: QUALTEK MOLECULAR LABORATORIES
To: MERCK SHARP & DOHME CORP.
Reel/Frame 046446/0007 →