throbber
ISSN 0003-2654:.
`
`a.nVIII3t
`
`iOnaI
`
`analyt
`
`
`
`
`
`
`
`ical science journal
`
`.mAn
`
`Lupin Ex. 1037 (Page 1 of 28)
`Lupin Ex. 1037 (Page 1 of 28)
`
`

`

`’h°Analyst
`
`The Analytical Journal of The Royal Society of Chemistry
`
`Analytical Editorial Board
`
`Chairman: J. N. Miller (Loughborough, UK)
`
`M. Cooke (Sheffield, U/O
`C. S. Creaser (Nottingham, UtO
`A. G. Davies (London, UK) :
`A. G. Fogg (Loughborough, UK)
`J. M. Gordon (Cambridge, L~K)
`G. M. Greenway (Huff, UK}
`S. J. Hill (Plymouth, UK)
`
`D.L. Miles (Keyworth, UK)
`R.M. Miller (Gouda, The Netherlands)
`B."L. Sharp (Loughborough, UK)
`M.R. Smyth (Dublin, /roland)
`Y. Thomassen (Os/o, Norway)
`P. Vadgama (Manchester, UIO
`
`Advisory Board
`
`J. F. Alder (Manchester, UK)
`A. M. Bond (Victoria, Australia)
`J. G. Dorsey (Cincinnati, OH, USA)
`L. Ebdon (Plymouth, UK)
`A. F. Fell (Brad/ford, UK)
`J. P. Foley (Villanova, PA, USA)
`M. F. Gin~ (Sao Paulo, Brazil)
`T. P. Hadjiioannou (Athens, Greece)
`W. R. Heineman (Cincinnati, OH, USA)
`A. Hulanicki (Warsaw, Poland)
`I. Karube (Yokohama, Japan)
`E. J. Newman (Peele, UK)
`J. Pawliszyn (Waterloo, Canada)
`T. B. Pierce (Harwell, UK)
`
`E. Pungor (Budapest, Hungary)
`J. R~2idka (Seattle, WA, USA)
`R. M. Smith (Loughborough, UK)
`K. ~tulik (Prague, Czechoslovakia)
`J. D. R. Thomas (Cardiff, UK)
`J. M. Thompson (Birmingham, UK)
`K. C. Thompson (Sheffield, UK)
`P. C. Uden (Amherst, MA, USA)
`A. M. Ure (Aberdeen, UK)
`C. M. G. van den Berg (Liverpool, UK)
`A. Walsh, KB (Melbourne, Australia)
`J. Wang (Las Cruces, NM, USA)
`T. S. West (Aberdeen, UK)
`
`Regional Advisory Editors
`For advice and help to authors outside the UK
`Professor Dr. U. A. Th. Brinkman, Free University of Amsterdam, 1083 de Boelelaan, 1081 HV
`Amsterdam, THE NETHERLANDS.
`Professor P. R. Coulet, Laboratoire de G6nie Enzymatique, EP 19 CNRS-Universit~ Claude
`Bernard Lyon 1, 43 Boulevard du 11 Novembre 1918, 69622 Villeurbanne Cedex,
`FRANCE.
`Professor O. Osibanjo, Department of Chemistry, University of Ibadan, Ibadan, NIGERIA.
`Professor F. Palmisano, Universit~ Degli Studi-Bari, Departimento di Chimica Campus
`Universitario, 4 Trav. 200 Re David--70126 Bad, ITALY.
`’Professor K. Saito, Coordination Chemistry Laboratories, Institute for Molecular Science,
`Myodaiji, Okazaki 444, JAPAN.
`Professor M. Thompson, Department of Chemistry, University of Toronto, 80 St. George
`Street, Toronto, Ontario, CANADA M5S 1A1.
`Professor Dr. M. Valc~rcel, Departamento de Quimica Analitica, Facultad de Ciencias,
`Universidad de CSrdoba, 14005 Cbrdoba, SPAIN.
`Professor J. F. van Staden, Department of Chemistry, University of Pretoria, Pretoria 0002,
`SOUTH AFRICA.
`Professor Yu Ru-Qin, Department of Chemistry and Chemical Engineering, Hunan U niversity,
`Changsha, PEOPLES REPUBLIC OF CHINA.
`Professor Yu. A. Zolotov, Kurnakov Institute ef General and Inorganic Chemistry, 31 Lenin
`Avenue, 117907, Moscow V-71, RUSSIA.
`
`Editorial Manager, Analytical Journals: Janice M. Gordon
`
`Editor, The Analyst
`Harpal S. Minhas
`The Royal Society of Chemistry,
`Thomas Graham House, Science Park,
`Milton Road, Cambridge, UK CB4 4WF
`Telephone +44(0)1223 420066.
`Fax +44(0)1223 420247.
`E-MaihAnalyst@RSC.ORG(Internet)
`
`US Associate Editor, Fhe Analyst
`Dr Julian F. Tyson
`Department of Chemistry,
`University of Massachusetts,
`Box 34510 Amherst MA
`01003-4510, USA
`Telephone +1 413 545 0195
`Fsx +1 413 545 4846
`
`Senior Assistant Editor
`Caroline Seeley
`
`Assistant Editors
`Sarah Williams, Yasmin Khan
`Editorial Secretaries: Claire Harris, Frances Thomson
`
`Advertisements: Advertisement Department, The Royal Society of Chemistry, Burlington
`House, Piccadilly, London, UK WIV 0BN. Telephone +44(0)171-287 3091.
`Fax +44(0)171-494 1134.
`
`Information for Authors
`Full details of how to submit m.aterial for
`publication in The Analyst are g~ven in tile
`Instructions to Authors in the January issue,
`Separate copies are a.vailable on r.equest
`The Analyst publisnes origins! research
`papers, critical reviews, tut.oria~, reviews,
`perspectives, news artic es, DOOK reviews
`and a conference diary.
`Original research papers. The Analyst pub,
`lishes full papers on all aspects of the t.heory
`and practice of analytical chemistr.y, funds,
`mental and applied, inorganic ana organ e
`including chemical, physical, biochemica’,
`clinical, pharmaceutical, .biological: en.viron.
`mental, automatic and computer-based
`methods. Papers on new approaches to
`existing methods, new techniques and
`instrumentation, detectors and sensors, and
`new areas of application with due attentlol~
`to overcoming limitati.o.ns an.d to underly ng
`principles are all equally welcome.
`Full critical reviews. These must be s
`critical evaluation of the existing state of
`knowledge on a particular facet of analytical
`chemistry.
`Tutorial reviews. These should be infor-
`mally written although they should still be a
`critical evaluation of a specific topic area.
`Some history and possible future develop.
`monte should be given. Potential authors
`should contact the Editor before writing
`reviews.
`Perspectives. These articles should
`provide either a personal view or a philoso.
`phical look at a topic relevant to analytical
`science. Alternatively, they may be relevant
`historical articles. Perspectives are included
`at the discretion of the Editor.
`Particular attention should be paid to the
`use of standard methods of literature
`citation, including the journal abbreviations
`defined in Chemical Abstracts Service
`Source Index. Wherever possible, the
`nomenclature employed should follow
`IUPAC recommendations, and units and
`symbols should be those associated with SI.
`Every paper will be submitted to at least
`two’ referees, by whose advice the Editorial
`Board of The Analyst will be guided as to its
`acceptance or rejection. Papers that are
`accepted must not be published elsewhere
`except by permission. Submission ef a
`manuscript will be regarded as an under-
`taking that the same material is not being
`considered for publication by another
`journal.
`Regional Advisory Editors. For the benefit
`of potential contributors outside the UK and
`N. America, a Group of Regional Advisory
`Editors exists. Requests for help or advice o~
`matters related to the preparation of papers
`and their submission for publication in The
`Analystcan be sent to the nearest member of
`the Group. Currently serving Regional
`Advisory Editors are listed in each issue of
`The Analyst.
`Manuscripts (four copies typed in double
`spacing) should be addressed to:
`H. S. Minhas, Editor, or
`J. F. Tyson, US Associate Editor
`All queries relating to the presentation and
`submission of papers, and any correspon-
`dence regarding accepted papers and
`proofs, should be directed either to the
`Editor, or Associate Editor, The Analyst.
`Members of the Analytical Editorial Board
`(who may be contacted directly or via the
`Editorial Office) would welcome comments,
`suggestions and advice on general policy
`matters concerning The Analyst.
`There is no page charge.
`
`Fifty reprints are supplied free of charge.
`
`The Analyst (ISSN 0003-2654) is published monthly by The Royal Society of Chemistry, Thomas Graham House, Science Park, Milton Road,
`Cambridge, UK CB4 4WF. All orders, accompanied with payment by cheque n sterling, payab e on a UK clearing bank or in US dollars payable
`on a US clearing bank, should be sent directly to The Royal Society of Chemistry, Turpin Distribution Services Ltd., Blackhorse Road,
`Letchworth, Herts, UK SG6 1HN. Tu rpin Distribution Services Ltd., is wholly owned by the Royal Society of Chemistry. 1995 Annual su bscription
`rate EC £408.00, USA $749.00, Canada £428.00 (excl. GST), Rest of World £428.00. Purchased with Analytical Abstracts EC £807.00, USA
`$1472.00, Canada £841.00 (excl. GST), Rest of World £841.00. Purchased with AnalyticalAbstracts plus Analytical Proceedings EC £925.00, USA
`$1699.00, Canada £971.00 (excl. GST), Rest of.World £971.00. Purchased with Analytical Proceedings EC £492.00, USA $905.00, Canada £517.00
`(excl. GST), Rest of WorId £517.00. Air freight and mailing in the USA by Publications Expediting Inc., 200 Meacham Avenue, Elmont, NY 11003.
`USA Postmaster: Send address changes to: The Analyst, Publications Expediting Inc., 200 Meacham Avenue, EImont, NY 11003. Second class
`postage paid at Jamaica, NY 11431. All other despatches outside the UK by Bulk Airmail within Europe, Accelerated Surface Post outside
`Europe. PRINTED IN THE UK.
`© The Royal Society of Chemistry, 1995. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or
`transmitted in any form, or by any means, electronic, mechanical, photographic, recording, or otherwise, without the prior permission of the
`publishers.
`
`Lupin Ex. 1037 (Page 2 of 28)
`
`

`

`Analys~t, October 1995, Vol. 120
`
`.2435
`
`Analysis of Organic Polymorphs
`A Review
`
`Terence L. Thre:lfall,
`chemistry Department, University of Fork, Heslington, Fork, UK Y01 5DD
`
`Summary of Contents
`Introduction and Definition of Polymorphism
`Significance of Polymorphism
`D!Stinction From Related Phenomena
`Stability of Polymorphs
`Methods for the Examination of Polymorphs
`Microscopy
`Infrared Spectxoscopy
`Raman Spectroscopy
`Ultraviolet and Fluorescence Spectroscopy
`Solid-state Nuclear Magnetic Resonance and Nuclear
`Quadmpole Resonance Spectroscopy
`X-ray Crystallography
`Thermal Analysis
`Solubility and Density Measurement
`~olvates
`Quantitative Aspects
`Amorphous and Crystalline Solids
`References
`
`Keywords: Polymorphism; phase transitions; amorphous
`m~teriats; solvates; microscopy; thermal analysis; infrared
`spectroscopy; Raman spectroscopy; solid-state nuclear
`magnetic resonance spectroscopy; X-ray diffraction
`
`Introduction and Definition of Polymorphism
`
`P01ymorphism1-7 in the chemical sense of the word* is a
`phenomenon of the solid state, associated With the structure of
`the solid. It has’proved difficult to define precisely although the
`basic concept is readily understood. The definitions which have
`been offered vary in breadth but the implication of all of them
`is that polymorphs involve different packings of the same
`molecules il~ the solid.4 The question of how similar the same
`molecules must be and of how dissimilar the different packing
`arrangements must be in order to qualify as polymorphs is more
`than a matter of semantics but goes to the root Of our
`understanding of the organic molecular solid state.
`McCrone has defined a polymorph as ’a solid crystalline
`phase of a given compound resulting from the possibility of at
`least two crystalline arrangements of the molecules of that
`compound in the solid state’ and has listed those types of solid
`phenomena which are excluded from this definition,x Later
`writers who have accepted this definition have tended to
`substitute their own list of exclusions,5 if they have addressed
`the matter at all, Buerger’s tentative definition3 ’ideally, two
`polymorphs are different forms of the same chemical compound
`which have distinctive properties’ is broader and appears not to
`
`* An on-line search of Chemical Abstracts will reveal more tt~an 47000 entries under
`’polymorphism’, Over 90% of these relate to genetic polymoi:phism, which at least in
`its origins can claim the tree etymology of the word. Some selectivity between
`biological and chemical uses can be achieved, but there is no certain searching strategy.
`Searching under ’phasq transition’ and related concepts will generate a further 44000
`entries, most of which refer to inorganic systems, and cannot be easily disentangled.
`Nevertheless, these represent only a proporiion of the papers containing infolanatton on
`polymorphs and polymorphism. Hence it is not possible to state how many
`publications relate to thos~ aspects of polymorphism described here.
`
`accept th~ need for separate phases and to include amorphous
`forms. The nature of the amorphous stateS,9 will be discussed
`later.
`Polytypism~0 is one-dimensional polymorphism, referring to
`different stacking of the same layers. It is most familiar in
`inorganic systems, particularly silicon carbide, but has been
`recognized in o~ganic crystals, both as orde~ed~-~3 and as
`disordered stacking.~4 There is no special term for two-
`dimensional polymorphism, although some liquid crystal
`systems display it. Liquid crystals are notorious for their ability
`to exist in different phases both in the mesomorphie and in the
`solid statO5at7 and this has led to the suggestion that the term
`polymorphism should apply to liquids as well as solids,~ but il
`is only the solid dimensions of liquid’crystals which can adop~
`distinct packing arrangements. Liquid-crystal polymorphism
`will not be dealt with specifically in this review except where it
`ts related to the polymorphism of solids. The long standing
`question~9 of whether allotropy and polymorphism are dis-
`tinct~0 is not an issue in the case of organic compounds.
`Inorganic polymorphs have been excluded because the ex-
`tended structures of which most inorganic crystals are com-
`posed raise concepts not discussed here.?~,~2 Protein polymor-
`phism usually refers to minor molecular sequence changes23-24
`rather than to packing, but different crystal packing of protein
`molecules is also known.Z5 Polymorphism of thin films~6,27 and
`polymers, both Of biological?S,29 and of osynthetic3° origin,
`although of the same nature as t.he concept of polymorphism
`considered here, will not be discussed.
`There is a profusion of words in the English language forthe
`phenomena discussed in this !:eview, yet not enough because of
`the overlapping usage. ’Polymorph’. (din)orph, t~imorph)~form’
`and ’mddification’ are all used to describe polymorphidphases
`but ’form’ and ’modification’ are also used in reference to
`crystal habit. ’Polymorph’ and ’form’ have been Used to
`describe solvates, whilst ’pseudopolymorph’ doubles for both
`solvates and for those solids which are otherwise not conside~’ed
`true polymorphic forms. The term ’pseudopolymorphic solvate’
`applied to crystals losing solvent molecules without change of
`crystalline form offers yet another source of confusion in
`terminology Genetic polymorphism which is now the major use
`of the term is often described as ’polymorphisms’ but this is
`occasionaliy seen also in chemical senses. In view of the almost
`universal use of ’polymorphic’ as the appropriate adjective, the
`word ’polymoq~hous’ seems superfluous despite dictionary
`support. There is an urgent need for consistent usages so as to be
`able to delineate the phenomena under consideration.
`There is no clear choice as to the best method of designating
`polymorphs. Arb]trm3, systems-are to be discouraged, but
`numbering based either on order of melting point or of room
`temperature stability have been recommended. Both are
`susceptible to change as a result of later identification of new
`polymorphic forms. Numbering based on order of discovery is
`unchangeable,- but requires a lmowledge of the history of the
`compound. The addition of the crystal class, as has been
`suggested for minerals3~ is not very practicable, since crystal-
`lographic classes are rarely determined from optical micro-
`scopic or X-ray powder diffraction studies for organic com-
`pounds. The assignment of a space group is even less realistic.
`
`Lupin Ex. 1037 (Page 3 of 28)
`
`

`

`2436
`
`Analyst, October 1995, Vol. 120
`
`In any case the distribution of organic molecules amongst
`crystal,°¢la~s~s, 0nd spac~ g~o, ups is extremely limited, as is
`dlscussdd ~ater.~L3~3 T,l~e aifdttton;of~,meltmg or upper transition
`point to a Roman numeral is probably the best compromise,1
`although ca~d(i~t~st be ~ak~tt~t0~’distinguish the melting point of
`the polymoriJh and tha~"of~tfi~ ~ransformed product.
`
`Significance of Polymorphism
`
`The continuing investigation of polymorphism by the Innsbruck
`school (Kofler, Kuhnert-Brandst~ttter, Burger) over more than
`half a century has shown that around one2third of organic
`substancesshow crystalline polymorphism under normal pres-
`sure conditions.34,35 A further third are capable of forming
`hydrates and other solvates.
`Muchof the literature on the polymorphism of organic
`compounds relates to pharmaceutical products.1,36~° The
`incentive for this interest in polymorphism began with the need
`to satisfy regulatory authorities in various countries as to the
`bioavailability of formulations of new chemical entities.~6,37 Of
`the several contributory factors to the bioavailability of finished
`products, the inherent solubility and rate of dissolution of the
`drug substance itself are of major importance. The solubility is
`dependent on the polym0rphic state, as different polymorphs
`have different energies and therefore different solubilities.4° It
`has been pointed out, particularly by Burger,36 that the
`difference in solubility between polymorphs is likely to result in
`significant bioavailability differences, in practice, only in
`exceptional cases. Although some may think that this represents
`an extreme v~ew, the consequences of p01ymorphism on
`bioavailability are cbmmonly overstated. Chloramphenicol
`palmitate, overwhich the original concerns were voiced.4~ is
`unique in that the s01ubilit) is related to the rate of ehzymic
`attack on the solid.4z This and n~;Cobidein,4~ which involves
`consideration of the amorphous state, hre among the handful of
`examples ’of marketed products showing major bioavailability
`differences as a result of polymorphism.
`As formulations have become more sophisticated and as the
`tolerances on products have become tighter, the need to identify
`polymorphic behaviour at an early stage of development has
`become important in the pharmaceutical industry as a means of
`ensunng reliable and robust processes44 and conformity with
`good manufacturing practice. The aim is to avoid, inter alia,
`tabletting problems and subsequent tablet failure,45,46 crystal
`growth in suspensions47,4s and resultant caking, precipitation
`fr6m solutionS and problems with suppositories,49 as well as
`chemical production problems such as filtrabilityl and to ensure
`analytical reproducib.ility. By extension such considerations
`relate to the control of quality in manufacture and product
`reliability in any industry by ensuring that the processes are well
`Ufiderst00d and under control so that unpleasant surprises do not
`occur.5° This point is most dramatically illustrated in the
`explosives industry, where the wrong polymorph can have
`greatly increased Sensitivity to detonation.S1,5~ Pigment colour
`and solubility are polymorph dependent,~-59 as are photo-
`graphic and photolithographic sensitizers.60 The performance of
`industrial products, particularly those based on natural fats and
`waxes6L62 and derived soaps,63 and on petrolefim prodncts64,65
`is in many cases related to polymorphic composition and degree
`of crystallinity. The same is true of the processing, acceptability
`and deterioration of foods and confectionery containing
`fats,66’67 sugars,68-72 polysaccharides7~ and other constitu-
`ents.74-75 A comprehensive summary of the solid-state proper-
`ties of lipids has recently appeared.76
`It is also worth establishing the polymorphic behaviour of a
`compound for the sake of good order in documentation so that
`reference works, fo~: example, pharmacopoeias, do not contain
`conflicting data34,77 such as a spectrum of one polymorph, but
`the melting point of another.
`
`A nlajor incentive to the study o~ polymorphism in the
`pharmaceutical industry during development has become
`strikingly apparent recently in the use of subsidiary, patents on
`desirable polymorphic formsTM to prolong the patent life of
`major products Much recent pharmaceutical patent litigation
`has concerned polymorphs and particular interest has been
`taken in Glaxo’s patent on the polymorph, of ranitidine7o
`(Zantac) which if held valid will extend the patent prote, ction
`fi’om 1995 to 2002 in many countries,s° For a compound with
`annual sales of over 2 400 million pounds sterling,sl the
`financial incentives to investigate polymorphs are obvious.
`Finally, the very existence of polymorphism tells us some-
`thing about the solid-gtate. Investigation of polymorphie
`systems, especially those with a large number of forms can help .....
`in understanding solid-state and molecular behaviour, and
`intermolecular interactions8z and the relationship between
`crystal structure, crystal growth and crystal habits3 and their
`influence on bulk properties. Apart from lcnowledge for its own
`sake, this is of clear application in the development of organic
`electronics4,s5 and other specialty productss6-s8 and in under-
`standing the function of biological tnembranes,s9
`
`Distinction From Related Phenomena
`
`At one time polymorphism was regarded only as different
`arrangements of rigid molecules in the solid state.90.9~* A clear
`dichotomy existed between this and arrangements of molecules
`in different forms, such as could be imagined would occur,vith
`isomeric, tautomeric, zwitterionic and chiral structures and later
`with different conformers.9z The early crystallographic studies
`on rigid aromatic molecules tended to reinforce the distin~ion.
`This simple division could only be maintained whilst details of
`the rich variety of solid-state structures were inaccessible. The
`early examples of dynamic isomerism and tautomerism were
`few93,94 and the proposition that they could not be part of
`polymorphism was copied by reviewers until even the examples
`were forgotten.95 A quoted example of a tautomeric s01id-state
`structure, that of 3,5-dichloro-2,6-dihydroxy dimethyl tere-
`phthalic acid was shown in 1972 not to be tautomeric, but to
`involve conformational change with hydrogen bonding differ-
`ences.96 One would have expected examples of tautomerically
`related solid structures to be exceedingly numerous, since the
`molecular energetic requirements can easily be fulfilled as is
`shown by the widespread occurrence of tautomerism in
`solution.97 Tantomeric polymorphism is surprisingly rare, but a
`well investigated example is now loaown, that of 2-arffino-
`3 -hydroxy-6-phenylazopyridine.9s
`There are a few papers, in the literature either where
`tautomeric polymorphism is invoked99-~°5 or where examina-
`tion of the IR spectra is suggestive of forms whose difference
`resides in transfer of hydrogen between one part of the molecule
`and another,m6 The instances of 1,3-cyclohexadienone and
`squaric acid (3,4-dihydroxy-3-cyclobutene-l,2-dione are more
`difficult to place unambiguously in the category of tautomeric
`polymorphism. Proton transfer between donor and acceptor
`oxygen sites results in little change in over-all structure.1°7
`Both tantomeric equilibrium and the neutral < ~ zwitterionic
`equilibrium formally involve such .an intramolecular hydrogen
`transfer. The nominal, difference is that ~a charge separation is
`produced in zwitterions which cannot’ be extinguished intra-
`moleculafly by a double-bond rearrangement cascade. The
`difference may be even smaller in practice because charge
`stabilization of zwitterions can occur intermolecularly, for
`example, in solution through solvation, whilst tautomeric
`structures can retain a substantial part of their charge as shown
`hy dipole moment and IR spectroscoptc studies.mS,m9 Anthra-
`
`* Earli(r literature can be accessed via m~efences 1, 2 and 10.
`
`Lupin Ex. 1037 (Page 4 of 28)
`
`

`

`nilic acid exists as two metastable forms containing only
`uncharged molecules and a. form stable at room temperature,
`half the molecules of which have been shown from crystallo-
`graphic studies to be zwitterionic and half uncharged,lm A
`related phenomenon is the changing of allegiance of hyda’ogen-
`bonded hydrogens between electron donor atoms, which is a
`prolific source of polymorphism,m The role of hydrogen-
`bonding networks in determining crystal structure has been
`discussed extensively,x12 Conformational differences between
`molecules of different structures have been admitted, perhaps
`reluctantly, and distinguished by the title conformational
`polymorphism.~13 The original examples form one extremity
`where molecules in distinctive conformations pack similarly,92
`hut it is now obvious froln the plethora of crystal structures, as
`could always have been deduced from elementary considera-
`tions of energy minimization; that any change of packing will
`cause geometrical change in molecules and conversely that any
`change in geometry will invite different packing of the
`molecules.82 The extent will depend on the rigidity of the
`,molecules. Although some floppy ring systems maintain their
`shape in different forms~14,~t5 even nominally rigid structures
`such as the ring systems of steroids116 can show substantially
`different conformations in different polymorphs. Heteroaro-
`matic117-~21. and benzoquinone~zz planes are frequently bent
`and even benzene ringslz3 may be. Thus it seems pragmatic to
`accept conformational polymorphism as a normal sub-set of
`polymorphism and the term will only be used here when it is
`necessary to distinguish cases of substantial conformational
`change.
`The distinction between p01ymorphism and chirality is made
`in most accounts of polymorphism; yet it has recently been
`pointed out that if conformational polymorphism is accepted,
`then racemates and conglomerates of rapidly interconverting
`chiral systems are in fact polymorphs.5 Such systems are
`generally ones with al~ easy conformational change where the
`trivial distinguishing feature from other conformational poly-
`.morphism is that the result of such a change is a reflection of an
`asymmetrical structure across a mirror plane. Although this
`seems difficult to accept, the dextrorotatory and laevorotatory
`forms of such systems are then equally polymorphs.124 The
`narrow line of demarkation between polymorphism,, conforma-
`tional polymorphism and chirality first seems to have been
`recognized by Eistert et al..~25 Examples of rapidly inter-
`changing enantiomers in solution capable of independent
`existence in the solid state are known126,127 but uncommon.
`A further extension of the concept of conformational
`polymorphism is to be found where there is rapid interconver-
`sion between isomers.~8 As in the chiral examples, one
`molecular species or the other becomes exclusively incorpor-
`ated in the crystal because the mechanism of crystal growth acts
`as such an exquisitely discriminatory process.129
`Since a hydrate and an anhydrous form are constitutionally
`distinct, they cannot bear a strictly polymorphic relationship on
`the basis of any definition. However, the observation of material
`of differen~ lnelting point or other properties during re-
`crystallization may be due (apart from chemical reaction with
`solvent or decomposition) to solvation or polymorphism and the
`methods of examination are similar in either case. Hence the
`term ’pseudopolymorphism’ has become common~3° particu-
`larly in the pharmaceutical industry. The, term .seems un-
`necessary and could lead to confusion13~ with its use to describe
`all other phenomena related to pblymorphism~ and so will not
`be used here. It must be emphasized, however, that the
`distinction between solvates and polymorphs is not as clear-cut
`as might be imagined, either conceptually or practically.
`
`* In the Case of phenothiazines 121 the point of interest is not that the ring system is bent,
`but that the heteroatoms are out of the plane of the aromatic rings and in the opposite
`sense to expectation.
`
`Analyst, October 1995, Vol. 120
`
`. 2437
`
`The traditional narrow view of polymorphism, rigidly
`excluding chirality and isomerism, has caused considerable
`difficultylab to the investigators of the systems described above
`and it is suggested that the way to avoid these problems is to
`adopt the gloss originally proposed by McCrone and co-
`workers~,~7 on his definition of polymorphism, namely that the
`criterion is that the component molecules must have the same
`structure in solution irrespective of the polymorph from which
`they were derived; but, a:s has been suggested by Dunitz?
`without excluding tautomerism, isomerism or conformers per
`se. Thus, rapidly interconverting species would be accepted,
`whilst slowly interconverting species would be excluded, as
`was surely within the original contemplation. Despite appear-
`ances, this proposal is likely, to multiply examples of poly-
`morphism very little and it avoids what otherwise must be
`artificial situations of accepting phases as polymorphs based on
`impeccable polymorph behaviour until their crystal structure
`reveals excluded molecular forms.98,11°,~3~ !f, as asserted, the
`transition between polymorph I and polymorph II of 1,3-cyclo-
`hexadiene occurs by transfer of hydrogen from one oxygen to
`another, then this is nominally an example of tautomeric
`polymorphism,m7 If, on thc other hand, the same change occurs
`or can be made to occur.by a movement of the whole molecule
`then it is an example of regular polymorphism. The boundaries
`between the various alternative solid structural concepts are too
`subtle and too vague to be used to define polymorphism.
`Although the requirement of the same structure in solution
`has been canvassed above, one-component phase diagrams are
`constructed on the basis of equilibrium with vapour, rather than
`liquid. It is just in the instance of conformational, configura-
`tional or hydrogen mobility that molecular differences between
`vapour,~33,1~4 melt, solution126,135 and solid are found. The
`mobilities are inevitably of different magnitudes in different
`states. We shall be increasingly obliged to decide where to draw
`the boundaries of polymorphism as more comparative studies
`involving polymorphs and molecular structure in different
`states are undertaken.
`One negative consequence of accepting the wider view of
`polymorphism should be noted, namely that the thel’modynamic
`relationships: discussed later, are likely to be less certain for the
`wider polymorphic family.9° . ¯ ¯
`
`Stability of Polymorphs
`
`~
`
`.
`
`Polymorphs, or strictly dimorphs where only two forms are
`under consideration, may be in an enantiotropic or monotropic
`relationship.19,~ An enantiotropic relationship implies that
`each form has a range of temperature over which it is stable with
`respect to the other and a transition point at which the forms are
`equistable and in principle interconvertible.~37 Above that
`temperature the thermodynamic tendency is to the formation
`exclusively of the form stable at the higher temperature. Below
`the transition temperature the low- temperature form is the only
`stable one with respect to the other, although there is usually a
`greater tendency for the high temperature form to become
`frozenAn than for a low- temperature form to persist beyond its
`stability range.8 Forms outside their range of stability are
`described here as metastable138. In the case of a monotropic
`relationship one form is metastable with respect to another at all
`temperatures. There is no observable transition point, although
`the thermodynamic description implies a theoretical transition
`point above the melting point which is therefore unattainable.~9
`The use of the terms enantiotropic or monotropic in reference to
`a phase, as opposed to a transition, is ambiguous and likely to
`lead to confusion, since a polymorph can have a monotropic
`relationship to a second polymorph, but be enantiotropic in
`relation to a third polymorph. Flufenamic acid provides such an
`example.14o The distinction between thermodynamic and
`kinetic transition points also needs to be drawn.~41
`
`Lupin Ex. 1037 (Page 5 of 28)
`
`

`

`2438
`
`Analyst, October t995, Vol. 120
`
`Polymorphs only exist in the solid state: melting or
`dissolution destroys any distinctions. It is therefore important in
`examining polymorphs analytically not to submit them to
`conditions under which they melt, dissolve or are rendered more
`likely to interconvert. Heating and grinding142-~44 are obviously
`potentially hazardous operations in this context, but often
`cannot be avoided. The presence of solvent, even one in which
`the substance appears insoluble, will speed up .the inter-
`conversion.145 Trace moisture, acid or alkali on vessels can be
`similarly effective in interconverting polymorphs or in catalys-
`ins competing and confusing phenomena such as ring-opening
`reactions, for example, in 3,5-dihydroxy-3-methylvaleric acid
`derivatives,146, o~ group transfer reactions.~47
`It might be s

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still 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.

throbber

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.

Become a Member

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

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket