Monday, October 19, 2020
First, the relevant science. Antibodies are proteins.
Like all proteins, they are composed of numerous individual amino acids chained together in a particular sequence.
Antibodies are roughly Y-shaped, made of four chains—two
“heavy” and two “light.” Each chain can be further divided
into a “variable region” and a “constant region.” And each
variable region contains three relatively small “complementarity-determining regions” (CDRs) situated at the tips
of the Y. The remainder of the variable regions are the
“framework regions.”
Particular antibody regions have particular biological
implications. For instance, it is primarily the CDRs that
give an antibody its ability to bind selectively to specific
targets (i.e., antigens), despite making up just a sliver of
its structure. See J.A. 1501, 7042–43. To that end, an
antibody’s exact amino acid sequence determines what the
antibody binds to, which affects the antibody’s therapeutic
usefulness. The amino acid sequence of an antibody also
determines whether the human immune system recognizes
and rejects it as “non-human.” Amino acid sequences that
are human in origin—that is, sequences “consistent with
the amino acid sequences of antibodies produced naturally
by the human immune system,” see Appellant’s Br. 4—can
avoid triggering immune responses.
Early efforts at therapeutic antibody development
started with mice. For example, researchers could inject a
mouse with an antigen, the mouse would generate antibodies to the antigen, and those antibodies would be harvested. In that case, the entire amino acid sequence was
murine (i.e., from mice). These antibodies, disappointingly,
tended to plague patients with “undesirable and harmful
immune reactions.” See Appellant’s Br. 7–8. Too much of
each antibody was “mouse” in origin, to the consternation
of the human immune system.
Through various techniques, the proportion of an antibody that is recognized as “mouse” can be decreased. In
“chimeric” antibodies, for instance, the constant regions
tend to be human in origin, and the variable regions, including the CDRs, tend to be nonhuman—making the antibodies’ amino acid sequences mostly human in origin.
Appellant’s Br. 8–9. In “humanized” antibodies, only the
CDRs are nonhuman—the antibodies’ amino acid sequences, including the portions responsible for immune reaction, are almost entirely human in origin.1 Further, fully
human antibodies can be made in which even the CDRs are
human in origin.
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