IP Library › Granted Patent US 12,529,702
Granted Patent B2
US 12,529,702 · App. 18/098,198 · Granted Jan 20, 2026

Scoring methods for anti-PD therapy eligibility and compositions for performing same

Inventors: Karina Kulangara (Carpinteria, CA); Nancy Zhang (Thousand Oaks, CA); David Stanforth (Carpinteria, CA); Greg Angelides (Philadelphia, PA); Stephanie Waldroup (Santa Barbara, CA); Kenneth Emancipator (Bernardsville, NJ)
Assignees: AGILENT TECHNOLOGIES, INC.; MERCK SHARP & DOHME LLC
G01N33/57492G01N2333/70532G01N2800/52
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Quick Facts
Patent No.
US 12,529,702
App. No.
18/098,198
Granted
Jan 20, 2026
Kind
B2
Abstract

Aspects of the present disclosure provide methods for determining the eligibility of a subject having a malignancy for treatment with an anti-PD therapeutic agent based on a Combined Positive Score (CPS) for a tumor tissue sample from the subject. Compositions and kits or performing the disclosed methods are also provided.

Claims (78)

1 . A method for determining the eligibility of a subject having a malignancy for treatment with an anti-PD therapeutic agent, the method comprising:

determining the number of viable PD-L1 positive tumor cells, the number of viable PD-L1 negative tumor cells, and the number of viable PD-L1 positive mononuclear inflammatory cells (MIC) in a tumor tissue sample from a subject having a malignancy;

calculating a combined positive score (CPS) for the tumor tissue sample using the formula:

C

⁢

P

⁢

S

=

PD

-

L

⁢

1

⁢

positive

⁢

tumor

⁢

cells

+

PD

-

L

⁢

1

⁢

positive

⁢

MIC

PD

-

L

⁢

1

⁢

positive

⁢

tumor

⁢

cells

+

PD

-

L

⁢

1

⁢

negative

⁢

tumor

⁢

cells

×

100

⁢

%

wherein the subject is eligible for treatment with said anti-PD therapeutic agent when the CPS is above a threshold, wherein said anti-PD therapeutic agent comprises an anti-PD or anti-PD-L1 specific antibody or binding fragment thereof.

2 . The method of claim 1 , wherein the threshold is from 10% to 1%.

3 . The method of claim 1 , wherein the threshold is 1%.

4 . The method of claim 1 , wherein the tumor tissue sample is a tissue section of a tumor biopsy.

5 . The method of claim 4 , wherein PD-L1 is detected by immunohistochemistry (IHC) staining.

6 . The method of claim 4 , wherein the tumor tissue section is a formalin fixed and embedded in paraffin wax (FFPE) tumor tissue section.

7 . The method of claim 4 , wherein the tissue section is stained.

8 . The method of claim 7 , wherein the stain is a hematoxylin and eosin (H&E) stain.

9 . The method of claim 4 , wherein the viable PD-L1 positive tumor cells, the number of viable PD-L1 negative tumor cells, and the number of viable PD-L1 positive MIC are counted in the tumor nests and the adjacent supporting stroma of the tumor tissue sample.

10 . The method of claim 1 , wherein the tumor tissue sample is a cell suspension.

11 . The method of claim 10 , wherein the number of viable PD-L1 positive tumor cells, the number of viable PD-L1 negative tumor cells, and the number of viable PD-L1 positive MIC in the tumor tissue sample are determining by flow cytometry.

12 . The method of claim 1 , wherein one or more additional marker is detected in the tumor tissue sample.

13 . The method of claim 12 , wherein the marker is specific for MIC or is selected from the group consisting of: CD3, CD5, CD4, CD7, CD8, and CD20.

14 . The method of claim 1 , wherein the method further comprises, prior to the determining step, contacting the tumor tissue sample with an anti-PD-L1 antibody or binding fragment thereof.

15 . The method of claim 1 , wherein the number of viable PD-L1 positive tumor cells, the number of viable PD-L1 negative tumor cells, and the number of viable PD-L1 positive MIC in the tumor tissue sample are determined by single cell sequencing.

16 . The method of claim 1 , wherein the malignancy is selected from the group consisting of: gastric cancer, head and neck cancer, renal cell carcinoma, urothelial/bladder carcinoma, ovarian carcinoma, myeloma, melanoma, lung cancer, squamous cell carcinoma, classical Hodgkin's lymphoma, breast cancer, small cell lung cancer, salivary gland carcinoma, vulvar carcinoma, thyroid carcinoma, anal canal carcinoma, biliary carcinoma, mesothelioma, cervical carcinoma, and neuroendocrine carcinoma.

17 . The method of claim 1 , wherein the anti-PD therapeutic agent inhibits the anti-cell death activity of PD-1/PD-L1.

18 . The method of claim 1 , wherein the anti-PD therapeutic agent is selected from the group consisting of: Avelumab (MSB0010178C), Nivolumab, Pembrolizumab, BMS-936559, MPDL3280A, Pidilizumab, and MEDI4736.

19 . The method of claim 16 , wherein the breast cancer is triple negative breast cancer, hormone receptor positive breast cancer, estrogen receptor positive breast cancer, progesterone receptor positive breast cancer, or Her2 positive breast cancer.

20 . The method of claim 1 , further comprising administering said anti-PD therapeutic agent to the subject when the CPS is above the threshold.

21 . The method of claim 20 , wherein the threshold is greater than or equal to 1%.

Assignments (2)
ASSIGNMENT OF ASSIGNOR'S INTEREST Recorded Jan 19, 2023
From: KULANGARA, KARINA; ZHANG, NANCY; STANFORTH, DAVID; ANGELIDES, GREG; WALDROUP, STEPHANIE
To: AGILENT TECHNOLOGIES, INC.
Reel/Frame 062419/0615 →
ASSIGNMENT OF ASSIGNOR'S INTEREST Recorded Jan 19, 2023
From: EMANCIPATOR, KENNETH
To: MERCK SHARP & DOHME LLC
Reel/Frame 062419/0633 →
Continuity (4)
Continuation 16804395 · Feb 28, 2020
Continuation 15422350 · Feb 1, 2017
Provisional Application 62317179 · Apr 1, 2016
Related Publication 20230152326A1 · May 18, 2023
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