`(19) World Intellectual Property
`Organization
`International Bureau
`
`(43) International Publication Date
`6 March 2014 (06.03.2014)
`
`WIPOI PCT
`
`\9
`
`(10) International Publication Number
`
`WO 2014/036412 A2
`
`(51)
`
`International Patent Classification:
`A61K 39/00 (2006.01)
`
`(21)
`
`International Application Number:
`
`PCT/US201 3/057542
`
`(22)
`
`International Filing Date:
`
`30 August 2013 (30.08.2013)
`
`(25)
`
`(26)
`
`(30)
`
`(71)
`
`(72)
`
`(74)
`
`(81)
`
`Filing Language:
`
`Publication Language:
`
`English
`
`English
`
`Priority Data:
`61/694,963
`61/846,147
`
`30 August 2012 (30.08.2012)
`15 July 2013 (15.07.2013)
`
`US
`US
`
`Applicant: AMGEN INC. [US/US]; One Amgen Center
`Drive, Thousand Oaks, California 91320-1799 (US).
`
`Inventors: VANDERWALDE, Ari; 419 Essex Place,
`Memphis, Tennessee 38120 (US). SHABOOTI, M0-
`hamed; 29681 Strawberry Hill Drive, Agoura Hills, Cali—
`fornia 91301 (US).
`
`Agent: LINGENFELTER, Susan E.; A111ge11 1110., 1201
`Amgen Court West, Seattle, Washington 98119—3105 (US).
`
`Designated States (unless otherwise indicated, for every
`kind ofnational protection available): AE, AG, AL, AM,
`AO, AT, AU, AZ, BA, BB, BG, BH, BN, BR, BW, BY,
`
`BZ, CA, CH, CL, CN, CO, CR, CU, CZ, DE, DK, DM,
`DO, DZ, EC, EE, EG, ES, FI, GB, GD, GE, GII, GM, GT,
`HN, HR, HU, ID, IL, IN, IS, JP, KE, KG, KN, KP, KR,
`KZ, LA, LC, LK, LR, LS, LT, LU, LY, MA, MD, ME,
`MG, MK, MN, MW, MX, MY, MZ, NA, NG, NI, No, NZ,
`OM, PA, PE, PG, PH, PL, PT, QA, RO, RS, RU, RW, SA,
`SC, SD, SE, SG, SK, SL, SM, ST, sv, SY, TH, TJ, TM,
`TN, TR, TT, TZ, UA, UG, US, UZ, VC, VN, ZA, ZM,
`ZW.
`
`(84)
`
`Designated States (unless otherwise indicated, for every
`kind of regional protection available): ARIPO (BW, GH,
`GM, KE, LR, LS, MW, MZ, NA, RW, SD, SL, SZ, TZ,
`UG, ZM, ZW), Eurasian (AM, AZ, BY, KG, KZ, RU, TJ,
`TM), European (AL, AT, BE, BG, CH, CY, CZ, DE, DK,
`EE, ES, FI, FR, GB, GR, HR, HU, IE, IS, IT, LT, LU, LV,
`MC, MK, MT, NL, NO, PL, PT, RO, RS, SE, SI, SK, SM,
`TR), OAPI (BF, BJ, CF, CG, CI, CM, GA, GN, GQ, GW,
`KM, ML, MR, NE, SN, TD, TG).
`Declarations under Rule 4.17:
`
`as to applicant’s entitlement to applyfor and be granted a
`patent (Rule 4.1 7(ii))
`Published:
`
`without international search report and to be republished
`upon receipt ofthat report (Rule 48.2(g))
`
`(54) Title: A METHOD FOR TREATING MELANOMA USING A HERPES SIMPLEX VIRUS AND AN IMMUNE CHECK-
`POINT INHIBITOR
`
`(57) Abstract: The invention relates to methods of treating melanoma using a herpes simplex virus in combination with an immune
`checkpoint inhibitor.
`
`
`
`W02014/036412A2|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
`
`
`
`WO 2014/036412
`
`PCT/USZOl3/057542
`
`A METHOD FOR TREATING MELANOMA USING A HERPES SIMPLEX VIRUS AND
`
`AN IMMUNE CHECKPOINT INHIBITOR
`
`CROSS REFERENCE TO RELATED APPLICATION S
`
`This application claims the benefit under 35 U.S.C. 119(e) of United States patent
`
`application number 61/694,963, filed August 30, 2012, and United States patent application
`
`number 61/846,147, filed July 15, 2013, which are incorporated herein by reference.
`
`BACKGROUND
`
`Melanoma is a tumor of melanocytes, cells that are derived from the neural crest.
`
`Although most melanomas arise in the skin, they may also arise from mucosal surfaces or at
`
`other sites to which neural crest cells migrate. Melanoma occurs predominantly in adults, and
`
`more than half of the cases arise in apparently normal areas of the skin. Early signs in a
`
`naevus that would suggest malignant change include darker or variable discoloration, itching,
`
`an increase in size, or the development of satellites. Ulcerations or bleeding are later signs.
`
`Melanoma in women occurs more commonly on the extremities and in men on the trunk or
`
`head and neck, but it can arise from any site on the skin surface.
`
`Prognosis is affected by clinical and histological factors and by anatomic location of
`
`the lesion.
`
`Thickness and/or level of invasion of the melanoma, mitotic index,
`
`tumor
`
`infiltrating lymphocytes, and ulceration or bleeding at the primary site affect the prognosis.
`
`Microscopic satellites in stage I melanoma may be a poor prognostic histologic factor, but this
`
`is controversial (Leon et al., Archives of Surgery 126(2): 1461—1468, 1991). Melanomas
`
`arising on the extremities or in women seem to have a better prognosis (Blois et al., Cancer
`
`52(7): 1330—1341, 1983; Clark et al., J. National Cancer Inst. 81(24): 1893—1904, 1989;
`
`Slinguff et al., Cancer 70(7): 1917—1927, 1992; Koh, NEJM 325(3): 171—182, 1991; Shumate
`
`et al., Am J Surgery 162(4): 315—319, 1991). Clinical staging is based on whether the tumor
`
`has spread to regional lymph nodes or distant sites. For disease clinically confined to the
`
`primary site, the greater the thickness and depth of local invasion of the melanoma, the higher
`
`the chance of lymph node metastases and the worse the prognosis. Melanoma can spread by
`
`local extension (through lymphatics) and/or by hematological routes to distant sites. Any
`
`organ may be involved by metastases, but lungs and liver are common sites. The risk of
`
`relapse may decrease substantially over time, although late relapses are not uncommon.
`
`Melanoma that has not spread beyond the initial site is highly curable. Most of these
`
`cases are those tumors that have not invaded beyond the papillary dermis (State 11; thickness,
`
`1.0 mm or less). Melanoma that has spread to regional
`
`lymph nodes (Stage III) may be
`
`10
`
`15
`
`20
`
`25
`
`30
`
`
`
`WO 2014/036412
`
`PCT/USZOl3/057542
`
`curable with wide (2 to 4 cm) excision of the primary tumor and removal of the involved
`
`regional lymph nodes (Karakousis et al, Ann Surg Oncol 13: 533—541, 2006; Batch et al, J
`
`Clin Oncol. 27(36): 6199—6206, 2009). Melanoma that has spread to distant sites (Stage IV)
`
`is infrequently curable with standard therapy, although ipilimumab and vemurafenib both
`
`offer survival benefits, and long-term survival
`
`is occasionally achieved by resection of
`
`metastasis (Overett and Shiu, Cancer 56:1222-1230,1985).
`
`Melanoma is the fifth most common cancer in men and the sixth most common
`
`cancer in women in the United States of America (USA), with an estimated 76,250 new cases
`
`and 9,180 deaths expected in 2012 (Siegel et al., CA Cancer J Clin. 62(1): 10-29, 2102).
`
`In
`
`Europe, the annual incidence of melanoma is somewhat lower than that in the USA, at
`
`approximately 7 per 100,000 as compared to 18 per 100,000 in the USA (Ries et al, 2000). In
`
`Europe, approximately 83,729 new cases were diagnosed in 2008 and approximately 85,086
`
`new cases were expected in 2010 (GLOBOCAN 2008, 2010). The incidence of melanoma is
`
`increasing rapidly worldwide, with a 270% increase in the USA between 1973 and 2002.
`
`This increase is the most rapid of any cancer with the exception of lung cancer in women
`
`(Jemal et al., CA Cancer J Clin. 56: 106—130, 2006; Ries et al., Cancer 88: 2398—2424, 2000).
`
`Traditional nonsurgical therapies for unresectable or advanced melanoma in adults
`
`include, chemotherapy (Dacarbazine,
`
`temozolomide, or other agents either alone or in
`
`combination), or interleukin-2. Although some regimes produced objective responses, they
`
`were usually short—lived. New therapies such as BRAF inhibition (vemurafenib) and immune
`
`stimulatory agents (ipilimumab) have shown significant improvement in overall survival
`
`compared to control treatments for a limited percentage of patients treated, however toxicity
`
`is an issue.
`
`Despite these efforts melanoma is increasing rapidly worldwide. There is a need for
`
`additional melanoma treatments. The present invention addresses this need and others.
`
`SUMMARY OF THE INVENTION
`
`The invention provides a method for the treatment of melanoma comprising
`
`administering to a patient with stages IIIb to IV melanoma an effective amount of an immune
`
`checkpoint inhibitor and a herpes simplex virus, wherein the herpes simplex virus lacks
`
`functional ICP34.5 genes,
`
`lacks a functional ICP47 gene and comprises a gene encoding
`
`human GM-CSF. In one embodiment the administration of the herpes simplex virus precedes
`
`the administration of the immune checkpoint
`
`inhibitor.
`
`In another embodiment
`
`the
`
`checkpoint inhibitor is an anti-CTLA-4 antibody.
`
`In a related embodiment the anti—CTLA—4
`
`antibody is ipilimumab.
`
`In another embodiment the anti-CTLA-4 antibody is tremelimumab.
`
`In another embodiment the checkpoint inhibitor is a PDl blocker. In another embodiment the
`
`2
`
`10
`
`15
`
`20
`
`25
`
`30
`
`35
`
`
`
`WO 2014/036412
`
`PCT/USZOl3/057542
`
`checkpoint inhibitor is a PD-Ll blocker.
`
`In another embodiment the checkpoint inhibitor is
`
`an anti-PD] antibody.
`
`In another embodiment the checkpoint inhibitor is an anti—PD—L]
`
`antibody. In another embodiment the PD] blocker is nivolumab.
`
`In another embodiment the
`
`PD] blocker is lambrolizumab.
`
`In another embodiment the PD] blocker is nivolumab.
`
`In
`
`another embodiment the PD] blocker is CT-Ol 1.
`
`In another embodiment the PD] blocker is
`
`AMP-224.
`
`In another embodiment
`
`the PD—L] blocker is EMS-936559.
`
`In another
`
`embodiment the checkpoint inhibitor is a LAG-3 inhibitor. In another embodiment the LAG-
`
`3 inhibitor is IMP32].
`
`In another embodiment the checkpoint inhibitor is a B7—H3 inhibitor.
`
`In another embodiment,
`
`the B7-H3 inhibitor is MGA27].
`
`In another embodiment the
`
`checkpoint inhibitor is a B7-H4 inhibitor.
`
`In another embodiment the checkpoint inhibitor is
`
`a TIM3 inhibitor.
`
`In another embodiment
`
`the herpes
`
`simplex virus
`
`is talimogene
`
`laherparepvec.
`
`The invention provides a method for the treatment of melanoma comprising
`
`administering to a patient with stages IIIb to IV melanoma a herpes simplex virus
`
`administered by intratumoral injection into injectable cutaneous, subcutaneous, and nodal
`
`tumors at a dose of up to 4.0 ml of 106 PFU/mL at day l of week 1 followed by a dose of up
`
`to 4.0 ml of 108 PFU/mL at day 1 of week 4, and every 2 weeks thereafter until complete
`
`response, and an anti-CTLA—4 antibody administered intravenously at a dose of 3 mg/kg
`
`every 3 weeks for 4 infilsions beginning after the third dose of the herpes simplex virus, and
`
`wherein the herpes simplex virus lacks functional ICP34.5 genes, lacks a functional ICP47
`
`gene and comprises a gene encoding human GM—CSF. In one embodiment the administration
`
`of the herpes simplex virus precedes the administration of the anti—CTLA—4 antibody.
`
`In one
`
`embodiment the anti-CTLA-4 antibody is ipilimumab.
`
`In another embodiment the herpes
`
`simplex virus is talimogene laherparepvec.
`
`The invention provides a method of promoting a combination treatment comprising a
`
`herpes simplex virus lacking functional ICP34.5 genes, lacking a functional ICP47 gene and
`
`comprises a gene encoding human GM—CSF and an immune checkpoint inhibitor, for the
`
`treatment of a patient with stages IIIb to IV melanoma.
`
`In one embodiment the immune
`
`checkpoint inhibitor is an anti-CTLA-4 antibody.
`
`In a related embodiment the anti—CTLA—4
`
`antibody is ipilimumab.
`
`In another embodiment the anti—CTLA—4 antibody is tremelimumab.
`
`In another embodiment the checkpoint inhibitor is a PD] blocker. In another embodiment the
`
`checkpoint inhibitor is a PD-L] blocker.
`
`In another embodiment the checkpoint inhibitor is
`
`an anti-PD] antibody.
`
`In another embodiment the checkpoint inhibitor is an anti- PD—L]
`
`10
`
`15
`
`20
`
`25
`
`30
`
`antibody. In another embodiment the PD] blocker is nivolumab.
`
`In another embodiment the
`
`35
`
`PD] blocker is lambrolizumab. In another embodiment the PD] blocker is nivolumab.
`
`In
`
`another embodiment the PD] blocker is CT-O] ].
`
`In another embodiment the PD] blocker is
`
`
`
`WO 2014/036412
`
`PCT/USZOl3/057542
`
`AMP-224.
`
`In another embodiment
`
`the PD—Ll blocker is EMS-936559.
`
`In another
`
`embodiment the checkpoint inhibitor is a LAG-3 inhibitor. In another embodiment the LAG-
`
`3 inhibitor is IMP321.
`
`In another embodiment the checkpoint inhibitor is a B7-H3 inhibitor.
`
`In another embodiment,
`
`the B7-l-l3 inhibitor is MGA271.
`
`In another embodiment the
`
`checkpoint inhibitor is a B7-H4 inhibitor.
`
`In another embodiment the checkpoint inhibitor is
`
`a TIM3 inhibitor.
`
`In another embodiment the treatment comprises administering to a patient
`
`with stages IIIb to IV melanoma the herpes simplex virus administered by intratumoral
`
`injection into inj ectable cutaneous, subcutaneous, and nodal tumors at a dose of up to 4.0 ml
`
`0f106 PFU/mL at day l ofweek 1 followed by a dose of up to 4.0 ml of 108 PFU/mL at day l
`
`of week 4, and every 2 weeks thereafter until complete response, and the anti—CTLA—4
`
`antibody administered intravenously at a dose of 3 mg/kg every 3 weeks for 4 infiJsions
`
`beginning after the third dose of the herpes simplex virus.
`
`In another embodiment the herpes
`
`simplex virus is talimogene laherparepvec.
`
`In yet another embodiment the promotion is by a
`
`package insert, wherein the package insert provides instructions to receive cancer treatment
`
`with a herpes simplex virus in combination with an immune checkpoint inhibitor.
`
`In another
`
`embodiment the promotion is by a package insert accompanying a formulation comprising the
`
`herpes simplex virus. In yet another embodiment the promotion is by written communication
`
`to a physician or health care provider.
`
`In another embodiment the promotion is by oral
`
`communication to a physician or health care provider.
`
`In another embodiment the promotion
`
`is followed by the treatment of the patient with the herpes simplex virus.
`
`The invention provides a method of instructing a patient with stages IIIb to IV
`
`melanoma by providing instructions to receive a combination treatment with a herpes simplex
`
`virus lacking functional ICP34.5 genes, lacking a functional ICP47 gene and comprising a
`
`gene encoding human GM-CSF and an immune checkpoint inhibitor to extend survival of the
`
`patient. In one embodiment the immune checkpoint inhibitor is an anti—CTLA—4 antibody. In
`
`another embodiment the anti-CTLA-4 antibody is tremelimumab. In another embodiment the
`
`checkpoint inhibitor is a PDl blocker. In another embodiment the checkpoint inhibitor is a
`
`PD—Ll blocker.
`
`In another embodiment the checkpoint inhibitor is an anti—PDl antibody.
`
`In
`
`10
`
`15
`
`20
`
`25
`
`another embodiment
`
`the checkpoint
`
`inhibitor is an anti—PD—Ll antibody.
`
`In another
`
`30
`
`embodiment the FBI blocker is nivolumab.
`
`In another embodiment the PDl blocker is
`
`lambrolizumab.
`
`In another embodiment
`
`the PD] blocker is nivolumab.
`
`In another
`
`embodiment the PDl blocker is CT—Ol 1.
`
`In another embodiment the PDl blocker is AMP—
`
`224. In another embodiment the PD-Ll blocker is EMS-936559. In another embodiment the
`
`checkpoint inhibitor is a LAG—3 inhibitor.
`
`In another embodiment the LAG-3 inhibitor is
`
`35
`
`IMP321.
`
`In another embodiment the checkpoint inhibitor is a B7—H3 inhibitor.
`
`In another
`
`embodiment,
`
`the B7—H3 inhibitor is MGA271.
`
`In another embodiment the checkpoint
`
`
`
`WO 2014/036412
`
`PCT/USZOl3/057542
`
`inhibitor is a B7-H4 inhibitor.
`
`In another embodiment the checkpoint inhibitor is a TIM3
`
`inhibitor.
`
`In one embodiment the treatment comprises administering to a patient with stages
`
`IIIb to IV melanoma a herpes simplex virus administered by intratumoral injection into
`
`injectable cutaneous, subcutaneous, and nodal tumors at a dose of up to 4.0 ml of 106
`
`PFU/mL at day 1 of week 1 followed by a dose of up to 4.0 ml of 108 PFU/mL at day 1 of
`
`week 4, and every 2 weeks thereafter Lmtil complete response, and an anti—CTLA—4 antibody
`
`administered intravenously at a dose of 3 mg/kg every 3 weeks for 4 infusions beginning after
`
`the third dose of the herpes simplex virus.
`
`In a related embodiment the anti—CTLA—4
`
`antibody is ipilimumab.
`
`In another embodiment the herpes simplex virus is talimogene
`
`10
`
`laherparepvec.
`
`The invention provides a kit comprising a herpes simplex virus lacking functional
`
`ICP34.5 genes, lacking a functional ICP47 gene and comprises a gene encoding human GM-
`
`CSF and a package insert or label with directions to treat stages IIIb to IV melanoma by using
`
`a combination of the herpes simplex virus and an immune checkpoint inhibitor.
`
`In one
`
`15
`
`embodiment
`
`the immune checkpoint inhibitor is an anti-CTLA—4 antibody.
`
`In another
`
`embodiment
`
`the anti—CTLA—4 antibody is tremelimumab.
`
`In another embodiment
`
`the
`
`checkpoint inhibitor is a PDl blocker.
`
`In another embodiment the checkpoint inhibitor is a
`
`PD—Ll blocker.
`
`In another embodiment the checkpoint inhibitor is an anti-PD-Ll antibody.
`
`In another embodiment
`
`the checkpoint
`
`inhibitor is an anti—PDl antibody.
`
`In another
`
`20
`
`embodiment the PD] blocker is nivolumab.
`
`In another embodiment the PD] blocker is
`
`lambrolizumab.
`
`In another embodiment
`
`the PD] blocker is nivolumab.
`
`In another
`
`embodiment the PD] blocker is CT—Ol 1. In another embodiment the PD—Ll blocker is AMP—
`
`224. In another embodiment the PD-Ll blocker is EMS-936559. In another embodiment the
`
`checkpoint inhibitor is a LAG—3 inhibitor.
`
`In another embodiment the LAG-3 inhibitor is
`
`IMP321.
`
`In another embodiment the checkpoint inhibitor is a B7-H3 inhibitor.
`
`In another
`
`embodiment,
`
`the B7—H3 inhibitor is MGA271.
`
`In another embodiment the checkpoint
`
`inhibitor is a B7-H4 inhibitor.
`
`In another embodiment the checkpoint inhibitor is a TIM3
`
`inhibitor.
`
`In another embodiment the directions to treat stages IIIb to IV melanoma comprise
`
`instructions to administer to a patient with stages IIIb to IV melanoma a herpes simplex virus
`
`administered by intratumoral injection into injectable cutaneous, subcutaneous, and nodal
`
`tumors at a dose of up to 4.0 ml of 106 PFU/mL at day l of week 1 followed by a dose of up
`
`to 4.0 ml of 108 PFU/mL at day l of week 4, and every 2 weeks thereafter until complete
`
`response, and an anti-CTLA—4 antibody administered intravenously at a dose of 3 mg/kg
`
`every 3 weeks for 4 infusions beginning after the third dose of the herpes simplex virus.
`
`In a
`
`related embodiment the anti—CTLA—4 antibody is ipilimumab.
`
`In another embodiment the
`
`25
`
`30
`
`35
`
`
`
`WO 2014/036412
`
`PCT/USZOl3/057542
`
`herpes simplex virus is talimogene laherparepvec.
`
`In a related embodiment is a method of
`
`manufacturing the kit as described above.
`
`DETAILED DESCRIPTION OF THE INVENTION
`
`The invention provides a method for the treatment of melanoma comprising
`
`administering to a patient with, stages IIIb to IV melanoma, an effective amount of an
`
`immune checkpoint inhibitor and a herpes simplex virus, wherein the herpes simplex virus
`
`lacks functional ICP34.5 genes, lacks a functional ICP47 gene and comprises a gene encoding
`
`human granulocyte macrophage colony stimulating factor (GM—CSF). Tumor cells are
`
`transfected by direct injection of the virus into accessible tumor lesions where the virus
`
`replicates in the tumor cells, bringing about tumor cell necrosis and the liberation of tumor
`
`antigens. Local expression of human GM—CSF induces local and distant immunological
`
`responses to the tumor antigens at both the injected and distant tumor deposits.
`
`CTLA—4 is an immune checkpoint molecule that down-regulates pathways of T-cell
`
`activation. CTLA-4 is a negative regulator of T—cell activation. Blockade of CTLA-4 has
`
`been shown to augment T-cell activation and proliferation. The combination of the herpes
`
`simplex virus and the anti—CTLA—4 antibody is intended to enhance T—cell activation through
`
`two different mechanisms in order to augment the anti—tumor immune response to tumor
`
`antigen released following the lytic replication of the virus in the tumor. Therefore, the
`
`combination of the herpes simplex virus and the anti—CTLA—4 antibody may enhance the
`
`destruction of the injected and un—injected/distal tumors, improve overall tumor response, and
`
`extend overall survival, in particular where the extension of overall survival is compared to
`
`that obtained using an anti—CTLA—4 antibody alone.
`
`As used herein, the term “immune checkpoint inhibitor” refers to molecules that
`
`totally or partially reduce, inhibit, interfere with or modulate one or more checkpoint proteins.
`
`Checkpoint proteins regulate T-cell activation or function. Numerous checkpoint proteins are
`
`known, such as CTLA-4 and its ligands CD80 and CD86; and PD] with its ligands PDLl and
`
`PDL2 (Pardoll, Nature Reviews Cancer 12: 252—264, 2012). These proteins are responsible
`
`for co-stimulatory or inhibitory interactions of T—cell responses. Immune checkpoint proteins
`
`regulate and maintain self-tolerance and the duration and amplitude of physiological immune
`
`responses. Immune checkpoint inhibitors include antibodies or are derived from antibodies.
`
`As used herein, the term “antibody” includes reference to both glyeosylated and non-
`
`glycosylated immunoglobulins of any isotype or subclass or to an antigen—binding region
`
`thereof that competes with the intact antibody for specific binding, unless otherwise specified,
`
`including monoclonal antibodies, bispecific antibodies, minibodies, domain antibodies,
`
`synthetic antibodies, antibody mimetics, chimeric antibodies, humanized antibodies, human
`
`6
`
`10
`
`15
`
`20
`
`25
`
`30
`
`35
`
`
`
`WO 2014/036412
`
`PCT/USZOl3/057542
`
`antibodies,
`
`antibody fusions, antibody conjugates,
`
`single chain antibodies,
`
`antibody
`
`derivatives, antibody analogues and fragments thereof, respectively. Also included are
`
`immunological fragments of an antibody (e.g., a Fab, a Fab’, a F(ab’)2, or a scFv), irrespective
`
`of whether such antibodies are produced, in whole or in part, via immunization, through
`
`recombinant technology, by way of in vitro synthetic means, or otherwise. Thus, the term
`
`“antibody” is inclusive of those that are prepared, expressed, created or
`
`isolated by
`
`recombinant means, such as (a) antibodies isolated from an animal (e.g., a mouse) that is
`
`transgenic for human immunoglobulin genes or a hybridoma prepared therefrom,
`
`(b)
`
`antibodies isolated from a host cell
`
`transfected to express the antibody, e.g.,
`
`from a
`
`transfectoma, (c) antibodies isolated from a recombinant, combinatorial antibody library, and
`
`((1) antibodies prepared, expressed, created or isolated by any other means that involve
`
`splicing of immunoglobulin gene sequences to other DNA sequences. Such antibodies have
`
`variable and constant regions derived from germline immunoglobulin sequences of two
`
`distinct species of animals.
`
`ln certain embodiments, however, such antibodies can be
`
`subjected to in vitro mutagenesis (or, when an animal transgenic for human immunoglobulin
`
`sequences is used, in vivo somatic mutagenesis) and thus the amino acid sequences of the VH
`
`and VL regions of the antibodies are sequences that, while derived from and related to the
`
`germline VH and VL sequences of a particular species (e. g., human), may not naturally exist
`
`within that species’ antibody germline repertoire in vivo. Unless otherwise indicated, the term
`
`“antibody” includes, in addition to antibodies comprising two full-length heavy chains and
`
`two filll—length light chains, derivatives, variants, fragments, and muteins thereof.
`
`In some
`
`instances “antibody” may include fewer chains such as antibodies naturally occurring in
`
`camelids which may comprise only heavy chains.
`
`As used herein, the terms "patien ," or “subject” are used interchangeably and mean a
`
`mammal, including, but not limited to, a human or non-human mammal, such as a bovine,
`
`equine, canine, ovine, or feline. Preferably, the patient is a human.
`
`As used herein, “objective response rate” is the incidence rate of either a confirmed
`
`complete response or partial response per the modified Immune-Related Response Criteria
`
`(irRC) (Wolchok et al, Clin Cancer Res, 15(23):7412-7420, 2009) incorporated herein in its
`
`10
`
`15
`
`20
`
`25
`
`30
`
`entirety.
`
`As used herein, “time to response” refers to the time from treatment to the date of the
`
`first confirmed objective response, per the modified irRC.
`
`As used herein, “duration of response” is the time from first confirmed objective
`
`response to confirmed disease progression per the modified irRC or death, whichever occurs
`
`35
`
`earlier. .
`
`
`
`WO 2014/036412
`
`PCT/USZOl3/057542
`
`As used herein, “progression free survival” is the time from treatment to the date of
`
`first of confirmed disease progression per modified irRC criteria.
`
`As used herein, ”survival” refers to the patient remaining alive, and includes overall
`
`survival as well as progression free survival.
`
`1-year survival rate and 2—year survival rate
`
`refers to the K—M estimate of the proportion of subjects alive at 12 month or 24 months.
`
`By "extending survival" is meant increasing overall survival and/or progression free
`
`survival in a treated patient relative to a control treatment protocol, such as treatment with
`
`only ipilimumab. Survival is monitored for at least about one month, two months, four
`
`months, six months, nine months, or at least about 1 year, or at least about 2 years, or at least
`
`10
`
`about 3 years, or at least about 4 years, or at least about 5 years, or at least about 10 years,
`
`etc., following the initiation of treatment or following the initial diagnosis.
`
`By ”reduce or inhibit” is meant the ability to cause an overall decrease of 20%, 30%,
`
`40%, 50%, 60%, 70%, 75%, 80%, 85%, 90%, 95%, or greater. Reduce or inhibit can refer to
`
`the symptoms of the disorder being treated, the presence or size of metastases, or the size of
`
`15
`
`the primary tumor.
`
`For the methods of the invention, the term "instructing" a patient means providing
`
`directions for applicable therapy, medication, treatment, treatment regimens, and the like, by
`
`any means, but preferably in writing. Instructing can be in the form of prescribing a course of
`
`treatment, or can be in the form of package inserts or other written promotional material.
`
`20
`
`25
`
`30
`
`For the methods of the invention, the term "promoting" means offering, advertising,
`
`selling, or describing a particular drug, combination of drugs, or treatment modality, by any
`
`means, including writing, such as in the form of package inserts. Promoting herein refers to
`
`promotion of therapeutic agent(s), such as a herpes simplex virus, wherein the herpes simplex
`
`virus lacks functional lCP34.5 genes, lacks a functional lCP47 gene and comprises a gene
`
`encoding human GM-CSF, for an indication, such as melanoma treatment, where such
`
`promoting is authorized by the Food and Drug Administration (FDA) as having been
`
`demonstrated to be associated with statistically significant therapeutic efficacy and acceptable
`
`safety in a population of subjects. Promotion also includes the combination of a herpes
`
`simplex virus, wherein the herpes simplex virus lacks functional ICP34.5 genes,
`
`lacks a
`
`functional ICP47 gene and comprises a gene encoding human GM—CSF in combination with
`
`an immune checkpoint inhibitor for an indication, such as melanoma treatment.
`
`The term “marketing” is used herein to describe the promotion, selling or distribution
`
`of a product (e.g., drug). Marketing specifically includes packaging, advertising and any
`
`business activity with the purpose of commercializing a product.
`
`
`
`WO 2014/036412
`
`PCT/USZOl3/057542
`
`The invention provides a herpes simplex virus (HSV) which lacks functional ICP34.5
`
`genes, lacks a functional ICP47 gene and comprises a gene encoding human GM—CSF. In one
`
`embodiment the herpes simplex virus is HSV-1. The ICP34.5 gene is located in the terminal
`
`repeats of the long region of HSV and therefore there are two copies per genome. Previous
`
`studies have shown that functional deletion of the neurovirulence gene, ICP34.5, renders the
`
`virus avirulent. The ICP47 gene is located in the unique short region of HSV. The ICP47
`
`gene product interacts with the transporter associated with antigen processing (TAPl and
`
`TAP2) and blocks antigen processing via MHC class I molecules. Deletion of the ICP47
`
`gene allows greater antigen processing within infected cells and is intended to result in a
`
`10
`
`concomitant increase in the immune response to infected cells. GM-CSF is a cytokine known
`
`to be involved in the stimulation of immune responses. Using homologous recombination
`
`with plasmid DNA, heterologous genes, such as that encoding human GM-CSF, can be
`
`inserted into the I-ISV viral genome, and viral genes, such as ICP34.5 and ICP47, can be
`
`functionally deleted.
`
`In one embodiment,
`
`the herpes
`
`simplex Virus
`
`is
`
`talimogene
`
`15
`
`laherparepvec.
`
`Talimogene laherparepvec, HSV—l [strain JS1] ICP34.5—/ICP47—/hGM—CSF, (previously
`
`known as OncoVEXGM'CSF),
`
`is an intratumorally delivered oncolytic immunotherapy
`
`comprising an immune-enhanced HSV-1 that selectively replicates in solid tumors.
`
`(Lui et
`
`a1., Gene Therapy,
`
`10:292—303, 2003; US Patent No. 7,223,593 and US Patent No.
`
`7,537,924). The HSV-1 was derived from Strain JS1 as deposited at the European collection
`
`of cell cultures (ECAAC) under accession number 01010209.
`
`In talimogene laherparepvec,
`
`the HSV—1 viral genes encoding ICP34.5 have been functionally deleted. Functional deletion
`
`of ICP34.5, which acts as a Virulence factor during HSV infection, limits replication in non-
`
`dividing cells and renders the virus non-pathogenic. The safety of ICP34.5-functionally
`
`deleted HSV has been shown in multiple clinical studies (MacKie ct al, Lancet 357: 525-526,
`
`2001; Markert et a1, Gene Ther 7: 867—874, 2000; Rampling et al, Gene Ther 7:859-866,
`
`2000; Sundaresan et al, J. Virol 74: 3822-3841, 2000; Hunter et al, J Virol Aug; 73(8): 6319-
`
`6326, 1999).
`
`In addition,
`
`ICP47 (which blocks Viral antigen presentation to major
`
`histocompatibility complex class I and II molecules) has been functionally deleted from
`
`talimogene laherparepvec. Functional deletion of ICP47 also leads to earlier expression of
`
`US11, a gene that promotes virus growth in tumor cells without decreasing tumor selectivity.
`
`The coding sequence for human GM—CSF, a cytokine involved in the stimulation of immune
`
`responses, has been inserted into the viral genome of talimogene laherparepvec. The insertion
`
`of the gene encoding human GM—CSF is such that it replaces nearly all of the ICP34.5 gene,
`
`ensuring that any potential recombination event between talimogene laherparepvec and wild—
`
`type virus could only result in a disabled, non-pathogenic virus and could not result in the
`
`20
`
`25
`
`30
`
`35
`
`
`
`WO 2014/036412
`
`PCT/USZOl3/057542
`
`generation of wild-type Virus carrying the gene for human GM—CSF. The HSV thymidine
`
`kinase (TK) gene remains intact
`
`in talimogene laherparepvec, which renders the Virus
`
`sensitive to anti—viral agents such as acyclovir. Therefore, acyclovir can be used to block
`
`talimogene laherparepvec replication, if necessary.
`
`Talimogene laherparepvec produces a direct oncolytic effect by replication of the Virus in
`
`the tumor, and induction of an anti—tumor immune response enhanced by the local expression
`
`of GM—CSF. Since melanoma is a disseminated disease, this dual activity is beneficial as a
`
`therapeutic treatment. The intended clinical effects include the destruction of injected tumors,
`
`the destruction of local,
`
`locoregional, and distant uninjected tumors, a reduction in the
`
`deVelopment of new metastases, a reduction in the rate of overall progression and of the
`
`relapse rate following the treatment of initially present disease, and prolonged overall
`
`survival.
`
`Talimogene laherparepvec has been tested for efficacy in a variety of in vitro (cell
`
`line) and in viva murine tumor models and has been shown to eradicate tumors or
`
`substantially inhibit their growth at doses comparable to those used in clinical studies.
`
`Nonclinical evaluation has also confirmed that GM-CSF enhances the immune response
`
`generated, enhancing both injected and uninj ected tumor responses, and that increased surface
`
`levels of MHC class I molecules result
`
`from the deletion of ICP47.
`
`Talimogene
`
`laherparepvec has been injected into normal and tumor—bearing mice to assess its safety.
`
`In
`
`general, the virus has been well tolerated, and doses up to 1 x 108 PFU/dose have given no
`
`indication of any safety concerns.
`
`(See, for example, Liu et al., Gene Ther 10: 292—303,
`
`2003)
`
`Clinical studies have been or are being conducted in several advanced tumor types
`
`(advanced solid tumors, melanoma, squamous cell cancer of the head and neck, and
`
`pancreatic cancer), with over 400 subjects treated with talimogene laherparepvec (see, for
`
`example, Hu et al., Clin Can Res 12: 6737-6747, 2006; Harrington et al., J Clin Oncol.
`
`27(15a):abstract 6018, 2009; Kaufman et al., Ann Surgic Oncol. 17: 718-730, 2010; Kaufman
`
`and Bines, Future Oncol. 6(6): 941-949, 2010). Clinical data indicate that talimogene
`
`laherparepvec has the potential to provide overall clinical benefit to patients with advanced
`
`melanoma.
`
`In particular, a high rate of complete response was achieved in stage IIIC to IV

Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ ChargeStill Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.

This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.

One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site