throbber
,.
`
`......
`
`S($ 10/97)
`"'-=>
`"'-=>
`........
`-.,J
`c..:>
`
`<=:
`·0
`I~ ...._,
`
`UTILITY PATENT APPLICATION TRANSMITTAL
`
`(Only for new nonprovisional applications under 37 CFR 1.53(b))
`
`Docket No: D-3111
`
`I
`
`I
`
`Total Pages in this Submission
`
`TO THE U.S. PATENT AND TRADEMARK OFFICE
`PO BOX 1450
`ALEXANDRIA, VA 22313-1450
`
`Transmitted herewith for filing under 35 U.S.C. 111 (a) and 37 CFR 1.53(b) is a new utility patent application for an
`invention entitled:
`
`METHODS OF PROVIDING THERAPEUTIC EFFECTS
`USING CYCLOSPORIN COMPONENTS
`
`.,
`
`-and invented by:
`
`ACHEAMPONG ET AL
`
`If a CONTINUATION APPLICATION, check appropriate box an supply the requisite information:
`[]Continuation [ ]Divisional [ ]Continuation-in-part (CIP)
`of prior application No.:
`
`[]
`[X ]
`
`[X ]
`
`[X]
`
`Enclosed are Application Elements:
`[X ]
`Filing Fee
`Specification having 34 page(s) and including the following:
`[X]
`Title of the Invention
`[X ]
`[X 1
`Cross References to Related Applications (if applicable)
`[X]
`Background of the Invention
`Brief Summary of the Invention
`[X ]
`[ ]
`Description of the Drawings
`[X ]
`Detailed Description
`[X]
`Claim(s) as Classified Below
`Abstract of the Disclosure
`[X ]
`_Sheets of Drawings(s) (37 CFR 113) [ 1 Formal
`[ ] Informal
`[X 1 Executed
`[ 1 Unexecuted
`Oath or Declaration
`[]Copy from prior application (37 CFR 1.63(d)) (for continuation/divisional application only)
`[X ] Executed
`[ ] Unexecuted
`Power of Attorney
`[]Copy from prior application (37 CFR 1.63(d)) (for continuation/divisional application only)
`Incorporation By Reference -- The entire disclosure of the prior application from which a copy of the oath or
`declaration is supplied under the above entry, is considered as being part of the disclosure of the accompanying
`application and is hereby incorporated by reference therein.
`Computer Program in Microfiche (Appendix)
`
`[ 1
`
`Accompanying Application Parts
`[X 1
`Assignment Papers (cover sheets & documents(s))
`[ ] The prior application is assigned of record to
`[ 1 Copy from prior application (37 CFR 1.63(d)) (for continuation/divisional application only)
`37 CFR 3.73(B) Statement (when there is an assignee)
`English Translation Document (if applicable)
`
`[ ]
`[ ]
`
`page 1 of 2
`
`APOTEX 1019, pg. 517
`
`

`
`[]Copies of_ IDS Cited Reference(s)
`
`[ ]
`[ ]
`[X]
`[X]
`[X]
`[ ]
`
`Information Disclosure StatemenUPT0-1449
`Preliminary Amendment
`Acknowledgment postcard
`Certificate of Mailing by Express Mail
`APPLICATION DATA SHEET
`REQUEST FOR NON-PUBLICATION
`
`Fee Calculation and Transmittal
`
`* The filing fee is calculated on the basis of the claims existing in the prior application as amended by the
`accompanying preliminary amendment noted above.
`
`CLAIMS AS FILED
`
`For
`
`#Filed
`
`#Allowed
`
`#Extra
`
`Rate
`
`·,
`
`Total Claims
`
`Independent Claims
`
`36
`
`2
`
`Multiple Dependent Claims
`
`16
`
`-20 =
`- 3=
`(check if applicable) [ ]
`
`X $18.00
`
`X $86.00
`
`OTHER FEE (specify purpose)
`
`BASIC FEE
`
`ASSIGNMENT
`
`(Applicant has small entity status under 37 CFR 1.9 and 1.27)
`
`SMALL ENTITY STATUS
`
`TOTAL FILING FEE
`
`Fee
`
`$288.00
`
`$ 0.00
`
`$ 0.00
`
`$770.00
`
`$ 40.00
`--
`$1,098.00
`
`[] A check in the amount of$_ to cover the filing fee and the assignment fee is enclosed.
`[X ] The Commissioner is hereby authorized to charge and/or credit Deposit Account Number 01-0885
`as described below.
`[X]
`Charge the amount of $1,098.00 as filing fee.
`[X ]
`Credit any overpayment.
`[X]
`Charge any additional filing fees required under 37 CFR 1.16 and 1.17.
`
`4 VENTURE, SUITE 300
`IRVINE, CA 92618
`phone: 949-450-1750
`fax:
`949-450-1764
`
`Respectfully Submitted,
`
`Attorney for Applicants
`Reg. No: 25,612
`
`page 2 of 2
`
`APOTEX 1019, pg. 518
`
`

`
`D-3111
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`PATENT
`
`In re application of:
`ACHEAMPONG ET AL.
`
`Serial No. N/A
`
`Dated: Submitted herewith
`
`Title: METHODS OF PROVIDING
`THERAPEUTIC EFFECTS USING
`CYCLOSPORIN COMPONENTS
`
`Group Art Unit: N/A
`
`Examiner: N/A
`
`Express Mail Mailing Label No.
`
`EV 464416262 US
`
`Date of Deposit: AUGUST 27, 2004
`
`I hereby certify that the following documents as identified
`below are being deposited with the United States Postal Service
`"Express Mail Post Office to Addressee" service under 37 CFR 1.10
`on the date indicated above and are addressed to the Commissioner
`for Patents, PO Box 1450, Alexandria, VA 22313-1450.
`
`1. Application Transmittal
`2. Application Data Sheet;
`3. Application;
`4. Declaration;
`5.
`Assignment and Recordation Sheet; and
`6.
`Return receipt postcard.
`
`The 6 above-identified documents are enclosed herewith.
`
`Respectfully submi~t~,-
`
`.; d/Uu_j; --m~
`
`Janet E. McGhee, Office of
`Frank J. Uxa, Reg. No. 25,612
`Attorney for Applicant
`Reg. No. 36,331
`4 Venture, Suite 300
`Irvine, CA 92618
`(949) 450-1750
`Facsimile (949) 450-1764
`
`APOTEX 1019, pg. 519
`
`

`
`DOCKET NO.: D-3111
`
`THE ENCLOSED PATENT APPLICATION OF ACHEAMPONG ET AL. IS
`BEING FILED IN ACCORDANCE WITH SECTION 37 CFR 1.10 BY
`EXPRESS MAIL AND SHOULD BE ACCORDED A FILING DATE
`
`AUGUST 27, 2004
`
`SEE THE EXPRESS MAIL CERTIFICATE ATTACHED TO THE APPLICATION.
`
`APOTEX 1019, pg. 520
`
`

`
`,.
`
`......
`
`S($ 10/97)
`"'-=>
`"'-=>
`........
`-.,J
`c..:>
`
`<=:
`·0
`I~ ...._,
`
`UTILITY PATENT APPLICATION TRANSMITTAL
`
`(Only for new nonprovisional applications under 37 CFR 1.53(b))
`
`Docket No: D-3111
`
`I
`
`I
`
`Total Pages in this Submission
`
`TO THE U.S. PATENT AND TRADEMARK OFFICE
`PO BOX 1450
`ALEXANDRIA, VA 22313-1450
`
`Transmitted herewith for filing under 35 U.S.C. 111 (a) and 37 CFR 1.53(b) is a new utility patent application for an
`invention entitled:
`
`METHODS OF PROVIDING THERAPEUTIC EFFECTS
`USING CYCLOSPORIN COMPONENTS
`
`.,
`
`-and invented by:
`
`ACHEAMPONG ET AL
`
`If a CONTINUATION APPLICATION, check appropriate box an supply the requisite information:
`[]Continuation [ ]Divisional [ ]Continuation-in-part (CIP)
`of prior application No.:
`
`[]
`[X ]
`
`[X ]
`
`[X]
`
`Enclosed are Application Elements:
`[X ]
`Filing Fee
`Specification having 34 page(s) and including the following:
`[X]
`Title of the Invention
`[X ]
`[X 1
`Cross References to Related Applications (if applicable)
`[X]
`Background of the Invention
`Brief Summary of the Invention
`[X ]
`[ ]
`Description of the Drawings
`[X ]
`Detailed Description
`[X]
`Claim(s) as Classified Below
`Abstract of the Disclosure
`[X ]
`_Sheets of Drawings(s) (37 CFR 113) [ 1 Formal
`[ ] Informal
`[X 1 Executed
`[ 1 Unexecuted
`Oath or Declaration
`[]Copy from prior application (37 CFR 1.63(d)) (for continuation/divisional application only)
`[X ] Executed
`[ ] Unexecuted
`Power of Attorney
`[]Copy from prior application (37 CFR 1.63(d)) (for continuation/divisional application only)
`Incorporation By Reference -- The entire disclosure of the prior application from which a copy of the oath or
`declaration is supplied under the above entry, is considered as being part of the disclosure of the accompanying
`application and is hereby incorporated by reference therein.
`Computer Program in Microfiche (Appendix)
`
`[ 1
`
`Accompanying Application Parts
`[X 1
`Assignment Papers (cover sheets & documents(s))
`[ ] The prior application is assigned of record to
`[ 1 Copy from prior application (37 CFR 1.63(d)) (for continuation/divisional application only)
`37 CFR 3.73(B) Statement (when there is an assignee)
`English Translation Document (if applicable)
`
`[ ]
`[ ]
`
`page 1 of 2
`
`APOTEX 1019, pg. 521
`
`

`
`[]Copies of_ IDS Cited Reference(s)
`
`[ ]
`[ ]
`[X]
`[X]
`[X]
`[ ]
`
`Information Disclosure StatemenUPT0-1449
`Preliminary Amendment
`Acknowledgment postcard
`Certificate of Mailing by Express Mail
`APPLICATION DATA SHEET
`REQUEST FOR NON-PUBLICATION
`
`Fee Calculation and Transmittal
`
`* The filing fee is calculated on the basis of the claims existing in the prior application as amended by the
`accompanying preliminary amendment noted above.
`
`CLAIMS AS FILED
`
`For
`
`#Filed
`
`#Allowed
`
`#Extra
`
`Rate
`
`·,
`
`Total Claims
`
`Independent Claims
`
`36
`
`2
`
`Multiple Dependent Claims
`
`16
`
`-20 =
`- 3=
`(check if applicable) [ ]
`
`X $18.00
`
`X $86.00
`
`OTHER FEE (specify purpose)
`
`BASIC FEE
`
`ASSIGNMENT
`
`(Applicant has small entity status under 37 CFR 1.9 and 1.27)
`
`SMALL ENTITY STATUS
`
`TOTAL FILING FEE
`
`Fee
`
`$288.00
`
`$ 0.00
`
`$ 0.00
`
`$770.00
`
`$ 40.00
`--
`$1,098.00
`
`[] A check in the amount of$_ to cover the filing fee and the assignment fee is enclosed.
`[X ] The Commissioner is hereby authorized to charge and/or credit Deposit Account Number 01-0885
`as described below.
`[X]
`Charge the amount of $1,098.00 as filing fee.
`[X ]
`Credit any overpayment.
`[X]
`Charge any additional filing fees required under 37 CFR 1.16 and 1.17.
`
`4 VENTURE, SUITE 300
`IRVINE, CA 92618
`phone: 949-450-1750
`fax:
`949-450-1764
`
`Respectfully Submitted,
`
`Attorney for Applicants
`Reg. No: 25,612
`
`page 2 of 2
`
`APOTEX 1019, pg. 522
`
`

`
`D-3111
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`PATENT
`
`In re application of:
`ACHEAMPONG ET AL.
`
`Serial No. N/A
`
`Dated: Submitted herewith
`
`Title: METHODS OF PROVIDING
`THERAPEUTIC EFFECTS USING
`CYCLOSPORIN COMPONENTS
`
`Group Art Unit: N/A
`
`Examiner: N/A
`
`Express Mail Mailing Label No.
`
`EV 464416262 US
`
`Date of Deposit: AUGUST 27, 2004
`
`I hereby certify that the following documents as identified
`below are being deposited with the United States Postal Service
`"Express Mail Post Office to Addressee" service under 37 CFR 1.10
`on the date indicated above and are addressed to the Commissioner
`for Patents, PO Box 1450, Alexandria, VA 22313-1450.
`
`1. Application Transmittal
`2. Application Data Sheet;
`3. Application;
`4. Declaration;
`5.
`Assignment and Recordation Sheet; and
`6.
`Return receipt postcard.
`
`The 6 above-identified documents are enclosed herewith.
`
`Respectfully submi~t~,-
`
`.; d/Uu_j; --m~
`
`Janet E. McGhee, Office of
`Frank J. Uxa, Reg. No. 25,612
`Attorney for Applicant
`Reg. No. 36,331
`4 Venture, Suite 300
`Irvine, CA 92618
`(949) 450-1750
`Facsimile (949) 450-1764
`
`APOTEX 1019, pg. 523
`
`

`
`DOCKET NO.: D-3111
`
`THE ENCLOSED PATENT APPLICATION OF ACHEAMPONG ET AL. IS
`BEING FILED IN ACCORDANCE WITH SECTION 37 CFR 1.10 BY
`EXPRESS MAIL AND SHOULD BE ACCORDED A FILING DATE
`
`AUGUST 27, 2004
`
`SEE THE EXPRESS MAIL CERTIFICATE ATTACHED TO THE APPLICATION.
`
`APOTEX 1019, pg. 524
`
`

`
`D-3111
`
`METHODS OF PROVIDING THERAPEUTIC EFFECTS
`
`USING CYCLOSPORIN COMPONENTS
`
`5
`
`10
`
`15
`
`2 0
`
`25
`
`30
`
`Related Application
`the benefit of U.S.
`claims
`This
`application
`Provisional Application No. 60/503,137 filed September 15,
`2003, which is incorporated in its entirety herein by
`reference.
`
`Background of the Invention
`The present invention relates to methods of providing
`desired therapeutic effects to humans or animals using
`compositions
`including cyclosporin components.
`More
`particularly, the invention relates to methods including
`administering
`to an
`eye of
`a
`human or animal
`a
`therapeutically effective amount of a cyclosporin component
`to provide a desired therapeutic effect, preferably a
`desired ophthalmic or ocular therapeutic effect.
`The use of cyclosporin-A and cyclosporin A derivatives
`to treat ophthalmic conditions has been the subject of
`various patents,
`for example Ding et al U.S. Patent
`5,474,979; Garst U.S. Patent 6,254,860; and Garst U.S.
`6,350,442, this disclosure of each of which is incorporated
`in its entirely herein by reference.
`In addition,
`cyclosporin A compositions used in treating ophthalmic
`conditions is the subject of a number of publications.
`Such
`publications
`include,
`for
`example,
`"Blood
`concentrations of cyclosporin a during long-term treatment
`with cyclosporin a ophthalmic emulsions in patients with
`moderate to severe dry eye disease," Small et al, J Ocul
`Pharmacol Ther, 2002 Oct, 18 (5) :411-8; "Distribution of
`cyclosporin A
`in
`ocular
`tissues
`after
`topical
`
`APOTEX 1019, pg. 525
`
`

`
`D-3111
`
`2
`
`rabbits and beagle dogs,"
`to albino
`administration
`Acheampong et al, Curr Eye Res, 1999 Feb, 18(2):91-103b;
`"Cyclosporine distribution into the coniunctiva, cornea,
`lacrimal gland, and systemic blood following topical dosing
`of cyclosporine to rabbit, dog, and human eyes," Acheampong
`et al, Adv Exp Med Biol, 1998, 438:1001-4; "Preclinical
`safety studies of cyclosporine ophthalmic emulsion,"
`Angelov et al, Adv Exp Med Biol, 1998, 438:991-5;
`"Cyclosporin & Emulsion
`& Eye," Stevenson et al,
`and
`"Two
`Ophthalmology,
`2000 May,
`107(5} :967-74;
`multicenter, randomized studies of the efficacy and safety
`of cyclosporine ophthalmic emulsion in moderate to severe
`dry eye disease. CsA Phase 3 Study Group," Sall et al,
`Each of these
`Ophthalmology, 2000 Apr, 107 ( 4): 631-9.
`publications is incorporated in its entirety herein by
`reference.
`In addition, cyclosporin A-containing oil-in(cid:173)
`water emulsions have been clinically
`tested, under
`conditions of confidentiality, since the mid 1990's in
`order to obtain U.S. Food and Drug Administration (FDA)
`regulatory approval.
`Examples of useful cyclosporin A-containing emulsions
`are set out in Ding et al U.S. Patent 5,474,979. Example
`1 of this patent shows a series of emulsions in which the
`ratio of cyclosporin A to castor oil in each of these
`compositions was 0.08 or greater, except for Composition B,
`which included 0. 2% by weight cyclosporin A and 5% by
`The Ding et al patent placed no
`weight castor oil.
`significance in Composition B relative to Compositions A,
`C and D of Example 1.
`Over time, it has become apparent that cyclosporin A
`emulsions for ophthalmic use preferably have less than 0. 2%
`by weight of cyclosporin A.
`With cyclosporin A
`
`5
`
`10
`
`15
`
`20
`
`25
`
`30
`
`APOTEX 1019, pg. 526
`
`

`
`.-
`
`D-3111
`
`3
`
`the amount of castor oil
`concentrations less than 0.2%,
`employed has been reduced since one of the functions of the
`castor oil is to solubilize the cyclosporin A. Thus, if
`reduced amounts of cyclosporin are employed,
`reduced
`amounts of castor oil are needed to provide effective
`solubilization of cyclosporin A.
`There continues to be a need for providing enhanced
`methods of treating ophthalmic or ocular conditions with
`cyclosporin-containing emulsions.
`
`Summary of the Xnvention
`New methods of treating a human or animal using
`cyclosporin component-containing emulsions have been
`discovered.
`Such methods provide substantial overall
`efficacy in providing desired therapeutic effects.
`In
`addition, other important benefits are obtained employing
`the present methods.
`For example, patient safety is
`enhanced.
`In particular, the present methods provide for
`reduced risks of side effects and/or drug interactions.
`Prescribing physicians advantageously have
`increased
`flexibility
`in prescribing
`such methods
`and
`the
`compositions useful in such methods, for example, because
`of the reduced risks of harmful side effects and/or drug
`interactions. The present methods can be easily practiced.
`In short,
`the present methods provide substantial and
`acceptable
`overall
`efficacy,
`together with
`other
`advantages, such as increased safety and/or flexibility.
`In one aspect of the present invention, the present
`methods comprise administering to an eye of a human or
`animal a composition in the form of an emulsion comprising
`water, a hydrophobic component and a cyclosporin component
`in a therapeutically effective amount of less than 0.1% by
`
`5
`
`10
`
`15
`
`2 0
`
`25
`
`30
`
`APOTEX 1019, pg. 527
`
`

`
`D-3111
`
`4
`
`the
`The weight ratio of
`the composition.
`weight of
`cyclosporin component to the hydrophobic component is less
`than 0.08.
`the relatively increased
`that
`found
`It has been
`amounts of hydrophobic component together with relatively
`reduced,
`yet
`therapeutically effective,
`amounts of
`cyclosporin component provide substantial and advantageous
`benefits. For example, the overall efficacy of the present
`compositions, for example in treating dry eye disease, is
`substantially equal to an identical composition in which
`the cyclosporin component is present in an amount of 0.1%
`by weight. Further, a relatively high concentration of
`hydrophobic component is believed to provide for a more
`quick or rapid breaking down or resolving of the emulsion
`in the eye, which reduces vision distortion which may be
`caused by the presence of the emulsion in the eye and/or
`facilitates
`the
`therapeutic
`effectiveness
`of
`the
`composition. Additionally, and importantly, using reduced
`amounts of
`the active cyclosporin component mitigates
`against undesirable side effects and/or potential drug
`interactions.
`In short, the present invention provides at least one
`advantageous benefit,
`and preferably a plurality of
`advantageous benefits.
`treating any
`in
`The present methods are useful
`sui table condition which is therapeutically sensitive to or
`treatable with cyclosporin components.
`Such conditions
`preferably are ophthalmic or ocular conditions, that is
`relating to or having to do with one or more parts of an
`eye of a human or animal.
`Included among such conditions
`are,
`without
`limitation,
`dry
`eye
`syndrome,
`phacoanaphylactic
`endophthalmitis,
`uveitis,
`vernal
`
`5
`
`10
`
`15
`
`20
`
`25
`
`30
`
`APOTEX 1019, pg. 528
`
`

`
`D-3111
`
`5
`
`conjunctivitis, atopic kerapoconjunctivitis, corneal graft
`rejection and the like conditions. The present invention
`is particularly effective in treating dry eye syndrome.
`Employing
`reduced concentrations of cyclosporin
`component, as in the present invention, is advantageously
`effective to provide the blood of the human or animal under
`treatment with
`reduced concentrations of cyclosporin
`component, preferably with substantially no detectable
`concentration of
`the
`cyclosporin
`component.
`The
`cyclosporin component concentration of blood can be
`advantageously measured
`using
`a
`validated
`liquid
`chromatography/mass spectrometry-mass spectrometry (VLC/MS(cid:173)
`MS) analytical method, such as described elsewhere herein.
`In one embodiment, in the present methods the blood of
`the human or animal has concentrations of clyclosporin
`component of 0.1 ng/ml or less.
`Any suitable cyclosporin component effective in the
`present methods may be used.
`cyclic
`group of nonpolar
`Cyclosporins
`are
`a
`oligopeptides with
`immunosuppressant activity.
`known
`Cyclosporin A, along with several other minor metabolites,
`cyclosporin B
`through I, have been
`identified.
`In
`addition, a number of synthetic analogs have been prepared.
`In general, commercially available cyclosporins may
`contain a mixture of several individual cyclosporins which
`all share a cyclic peptide structure consisting of eleven
`amino acid residues with a total molecular weight of about
`1,200, but with different substituents or configurations of
`some of the amino acids.
`The term "cyclosporin component" as used herein is
`intended
`to
`include
`any
`individual member of
`the
`cyclosporin group and derivatives thereof, as well as
`
`5
`
`10
`
`15
`
`20
`
`25
`
`3 0
`
`APOTEX 1019, pg. 529
`
`

`
`D-3111
`
`6
`
`individual cyclosporins and
`
`two or more
`mixtures of
`derivatives thereof.
`Particularly preferred cyclosporin components include,
`without
`limitation,
`cyclosporin A,
`derivatives
`of
`cyclosporin A
`and
`the
`like and mixtures
`thereof.
`Cyclosporin A
`is
`an especially useful
`cyclosporin
`component.
`Any suitable hydrophobic component may be employed in
`the present invention. Advantageously,
`the cyclosporin
`component is solubilized in the hydrophobic component. The
`hydrophobic component may be considered as comprising a
`discontinuous phase in the presently useful cyclosporin
`component-containing emulsions.
`The hydrophobic component preferably is present in the
`emulsion compositions in an amount greater than about
`0.625% by weight. For example, the hydrophobic component
`may be present in an amount of up to about 1.0% by weight
`or about 1.5% by weight or more of the composition.
`Preferably, the hydrophobic component comprises one or
`more oily materials.
`Examples of useful oil materials
`include, without limitation, vegetable oils, animal oils,
`mineral oils, synthetic oils and the like and mixtures
`thereof.
`In a very useful embodiment,
`the hydrophobic
`component
`comprises one or more higher
`fatty acid
`glycerides.
`Excellent results are obtained when
`the
`hydrophobic component comprises castor oil.
`The presently useful compositions may include one or
`more other components in amounts effective to facilitate
`the usefulness and effectiveness of
`the compositions.
`Examples of
`such other components
`include, without
`limitation, emulsifier components,
`tonicity components,
`polyelectrolyte
`components,
`surfactant
`components,
`
`5
`
`10
`
`15
`
`20
`
`25
`
`30
`
`APOTEX 1019, pg. 530
`
`

`
`D-3111
`
`7
`
`viscosity inducing components, acids and/or bases to adjust
`the pH of the composition, buffer components, preservative
`components and the like. Components may be employed which
`are effective to perform two or more functions in the
`presently useful compositions.
`For example, components
`which are effective as both emulsifiers and surfactants may
`be employed, and/or components which are effective as both
`polyelectrolyte
`components
`and
`viscosity
`inducing
`components may be employed.
`The specific composition
`chosen for use in the present invention advantageously is
`selected taking into account various factors present in the
`specific application at hand, for example,
`the desired
`therapeutic effect to be achieved, the desired properties
`of the compositions to be employed, the sensitivities of
`the human or animal
`to whom the composition is to be
`administered, and the like factors.
`The presently useful compositions advantageously are
`ophthalmically acceptable.
`A composition, component or
`material is ophthalmically acceptable when it is compatible
`with ocular tissue, that is, it does not cause significant
`or undue detrimental effects when brought into contact with
`ocular tissues.
`Such compositions have pH's within the physiological
`range of about 6 to about 10, preferably in a range of
`about 7.0 to about 8.0 and more preferably in a range of
`about 7.2 to about 7.6.
`an
`for
`The present methods preferably provide
`administering step comprising topically administering the
`presently useful compositions to the eye or eyes of a human
`or animal.
`Each and every feature described herein, and each and
`every combination of two or more of such features, is
`
`5
`
`10
`
`15
`
`20
`
`25
`
`30
`
`APOTEX 1019, pg. 531
`
`

`
`D-3111
`
`8
`
`included within the scope of the present invention provided
`that the features included in such a combination are not
`mutually inconsistent.
`These and other aspects and advantages of the present
`invention are
`apparent
`in
`the
`following detailed
`description, example and claims.
`
`Detailed Description
`
`The present methods are effective for treating an eye
`of a human or animal. Such methods, in general, comprise
`administering, preferably topically administering, to an
`eye of a human or animal a cyclosporin component-containing
`emulsion. The emulsion contains water, for example U.S.
`pure water, a hydrophobic component and a cyclosporin
`component in a therapeutically effective amount of less
`than 0.1% by weight of
`the emulsion.
`In addition,
`beneficial results have been found when the weight ratio of
`the cyclosporin component to the hydrophobic component is
`less than 0.08.
`the present administering step
`As noted above,
`preferably includes topically administering the emulsion to
`the eye of a patient of a human or animal.
`Such
`administering may involve a single use of the presently
`useful compositions, or repeated or periodic use of such
`compositions,
`for example, as required or desired to
`achieve the therapeutic effect to be obtained. The topical
`administration of the presently useful composition may
`involve providing the composition in the form of eye drops
`or similar form or other form so as to facilitate such
`topical administration.
`to be very
`found
`The present methods have been
`effective in providing the desired therapeutic effect or
`
`5
`
`10
`
`15
`
`20
`
`25
`
`30
`
`APOTEX 1019, pg. 532
`
`

`
`D-3111
`
`9
`
`effects while, at the same time, subs.tantially reducing, or
`even substantially eliminating, side effects which may
`result from the presence of the cyclosporin component in
`the blood of the human or animal being treated, and eye
`irritation which,
`in the past, has been caused by the
`presence of certain components in prior art cyclosporin(cid:173)
`containing emulsions.
`Also,
`the use of
`the present
`compositions which
`include
`reduced
`amounts of
`the
`cyclosporin
`components
`allow
`for more
`frequent
`administration of the present compositions to achieve the
`desired therapeutic effect or effects without substantially
`increasing the risk of side effects and/or eye irritation.
`The present methods are useful
`in
`treating any
`condition which
`is
`therapeutically sensitive
`to or
`treatable with cyclosporin components.
`Such conditions
`preferably are ophthalmic or ocular conditions, that is
`relating to or having to do with one or more parts of an
`eye of a human or animal.
`Included among such conditions
`are,
`without
`limitation,
`dry
`eye
`syndrome,
`phacoanaphylactic
`endophthalmitis,
`uveitis,
`vernal
`conjunctivitis, atopic kerapoconjunctivitis, corneal graft
`rejection and the like conditions. The present invention
`is particularly effective in treating dry eye syndrome.
`The frequency of administration and the amount of the
`presently useful
`composition
`to
`use
`during
`each
`administration varies depending upon the therapeutic effect
`to be obtained, the severity of the condition being treated
`and the like factors. The presently useful compositions
`are designed to allow the prescribing physician substantial
`flexibility
`in
`treating various ocular conditions
`to
`achieve the desired therapeutic effect or effects with
`reduced risk of side effects and/or eye irritation. Such
`
`5
`
`10
`
`15
`
`20
`
`25
`
`30
`
`APOTEX 1019, pg. 533
`
`

`
`D-3111
`
`10
`
`for
`administration may occur on an as needed basis,
`example, in treating or managing dry eye syndrome, on a one
`time basis or on a repeated or periodic basis once, twice,
`thrice or more times daily depending on the needs of the
`human or animal being treated and other factors involved in
`the application at hand.
`the present
`One of
`the
`important advantages of
`invention is the reduced concentration of the cyclosporin
`component in the blood of the human or animal as a result
`of administering
`the present composition as described
`herein.
`One very useful embodiment of
`the present
`administering step provides no substantial detectable
`concentration of cyclosporin component in the blood of the
`human or animal. Cyclosporin component concentration in
`blood
`preferably
`is
`determined
`using
`a
`liquid
`chromatography-mass spectroscopy-mass spectroscopy
`(LC(cid:173)
`MS/MS), which test has a cyclosporin component detection
`limit of 0.1 ng/ml. Cyclosporin component concentrations
`below or less than 0 . 1 ng /ml are therefore considered
`substantially undetectable.
`The LC-MS/MS test is advantageously run as follows.
`One ml of blood is acidified with 0.2 ml of 0.1 N HCl
`solution, then extracted with 5 ml of methyl t-butyl ether.
`After separation from the acidified aqueous layer,
`the
`organic phase is neutralized with 2 ml of 0.1 N NaOH,
`evaporated, reconstituted in a water/acetonitrile-based
`mobil phase, and injected onto a 2.1 x 50 mm, 3~m pore size
`C-8 reverse phase high pressure liquid chromatography
`(HPLC)
`column
`(Keystone Scientific, Bellefonte, PA).
`Compounds are gradient-eluted at 0.2 mL/min and detected
`using an API III triple quadrupole mass spectrometer with
`a
`turbo-ionspray source
`(PE-Sciex, Concord, Ontario,
`
`5
`
`10
`
`15
`
`20
`
`25
`
`30
`
`APOTEX 1019, pg. 534
`
`

`
`D-3111
`
`11
`
`the
`Canada). Molecular reaction monitoring enhances
`sensitivity and selectivity of this assay.
`Protonated
`molecules for the analyte and an internal standard are
`collisionally dissociated and product ions at m/z 425 are
`monitored for the analyte and the internal standard. Under
`these conditions, cyclosporin A and the internal standard
`cyclosporin G elute with retention times of about 3. 8
`minutes. The lower limit of quantitation is 0.1 ng/mL, at
`which concentration
`the coefficient of variation and
`deviation from nominal concentration is <15%.
`As noted previously,
`any
`suitable cyclosporin
`component effective in the present methods may be employed.
`Very useful cyclosporin components
`include, without
`limitation, cyclosporin A, derivatives of cyclosporin A and
`the like and mixtures thereof.
`The
`chemical
`structure
`represented by Formula 1
`
`cyclosporin A
`
`is
`
`for
`
`Formula :I
`
`5
`
`10
`
`15
`
`APOTEX 1019, pg. 535
`
`

`
`D-3111
`
`12
`
`As used herein the term "derivatives" of a cyclosporin
`refer to compounds having structures sufficiently similar
`to
`the cyclosporin so as
`to
`function
`in a manner
`substantially similar to or substantially identical to the
`cyclosporin, for example, cyclosporin A,
`in the present
`methods.
`Included, without limitation, within the useful
`cyclosporin A derivatives are those selected from
`( (R)(cid:173)
`methylthio-Sar) 3 - (4' -hydroxy-MeLeu) cyclosporin A,
`( (R)-
`(Cyclo)alkylthio-Sar) 3-(4'-hydroxy-MeLeu) 4-cyclosporin A,
`and ((R)-(Cyclo)alkylthio-Sar) 3-cyclosporin A derivatives
`described below.
`These cyclosporin derivatives are represented by the
`following general
`formulas
`(II) ,
`(III) ,
`and
`(IV)
`respectively:
`
`5
`
`10
`
`APOTEX 1019, pg. 536
`
`

`
`D-3111
`
`13
`
`0
`
`Me
`
`}
`
`~~'?
`
`0
`
`0
`
`0
`
`Me
`
`Formula I I I
`
`(DI)
`
`APOTEX 1019, pg. 537
`
`

`
`D-3111
`
`14
`
`Formula IV
`
`(l)
`
`o=:N-m'--r-N-.,...,._.N-+--n-0 ~
`
`Me
`
`Me
`
`is 2-6C alkylene or 3-
`is methyl; Alk
`wherein Me
`6C cycloalkylene; R is OH, COOH, alkoxycarbonyl, -NR1R2 or
`is H,
`alkyl,
`3-6C
`N(R3 )-(CH2 )-NR1R2 ; wherein R1 ,R2
`cycloalkyl, phenyl (optionally substituted by halo, alkoxy,
`alkoxycarbonyl, amino, alkylamine or dialkylamino), benzyl
`or saturated or unsaturated heterocyclyl having 5 or 6
`members and 1-3 heteroatoms; or NR1R2 is a 5 or 6 membered
`further N,
`heterocycle which may contain a
`0 or S
`heteroatom and may be alkylated; R3 is H or alkyl and n is
`2-4; and the alkyl moieties contain 1-4C.
`is
`In one embodiment,
`the cyclosporin component
`effective as an immunosuppressant. Without wishing to be
`limited to any particular theory of operation, it is
`believed that,
`in certain embodiments of
`the present
`invention,
`the cyclosporin component acts to enhance or
`restore lacrimal gland tearing in providing the desired
`therapeutic effect.
`One important feature of the present invention is that
`the presently useful compositions contain less than 0.1% by
`
`5
`
`10
`
`15
`
`20
`
`APOTEX 1019, pg. 538
`
`

`
`D-3111
`
`15
`
`The advantages of
`weight of the cyclosporin component.
`such low-concentrations of cyclosporin components have been
`discussed
`in
`some detail
`elsewhere herein.
`Low
`concentrations of cyclosporin component,
`together with
`concentrations of the hydrophobic component such that the
`weight ratio of cyclosporin component
`to hydrophobic
`component is greater
`than 0. 08, provides one or more
`substantial advantages in the present methods.
`Any suitable hydrophobic component may be employed in
`the present invention. Such hydrophobic component may be
`considered as comprising a discontinuous phase in the
`presently
`useful
`cyclosporin
`component-containing
`emulsions, with the water or aqueous phase being considered
`the continuous phase in such emulsion.
`The hydrophobic
`component is preferably selected so as to solubilize the
`cyclosporin
`component, which
`is often substantially
`insoluble in the aqueous phase.
`Thus, with a sui table
`hydrophobic component included in the presently useful
`emulsions,
`the
`cyclosporin
`component
`is preferably
`solubilized in the emulsions.
`the hydrophobic
`In one very useful embodiment,
`in particular, a
`component comprises an oily material,
`material which is substantially not miscible in water.
`Examples of useful oily materials
`include, without
`limitation, vegetable oils, animal oils, mineral oils,
`synthetic oils, and the like and mixtures thereof. Thus,
`the present hydrophilic components may comprise naturally
`occurring oils,
`including, without
`limitation refined
`naturally occurring oils, or naturally occurring oils which
`have been processed to alter their chemical structures to
`some extent or oils which are substantially entirely
`synthetic. One ve

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