throbber
EXHIBIT 1001 
`
`Coalition For Affordable Drugs XI LLC
`Exhibit 1001
`Coalition For Affordable Drugs XI LLC v Insys
`Pharma, Inc. IPR2015-01797
`
`

`
`US008835459B2
`
`(12) Ulllted States Patent
`Kotta il et al.
`
`(10) Patent No.:
`45 Date of Patent:
`
`US 8,835,459 B2
`a
`*Se . 16 2014
`
`(54) SUBLINGUAL FENTANYL SPRAY
`
`2002/0055496 A1
`2002/0160991 A1
`
`5/2002 McCoy et al.
`10/2002 Shao
`
`(72)
`
`(71) Applicant: Igssys Therapeutics, Inc., Phoenix, AZ
`(
`)
`_
`Inventors: S. George Kottayil, Long Grove, IL
`(US); Venkat R. Goskonda, Phoenix,
`A.z<vs>;
`Hills, IL (US); Linet Kattookaran,.
`M011I1tPr0SPeCt, IL (US); Neha Parlkhs
`Chicago, IL (US)
`
`(73) Assignee:
`
`.
`( * ) Notice:
`
`Insys Therapeutics, Inc., Phoenix, AZ
`(US)
`.
`.
`.
`.
`Subject to any disclaimer, the term of this
`patent is extended or adjusted under 35
`U.g.C. 154(b)by odays,
`
`This patent is subject to a terminal dis-
`Claimer.
`
`,
`(21) APP1~N°~~ 13/895411
`.
`Flledi
`
`(22)
`
`May 15, 2013
`
`(65)
`
`Prior Publication Data
`US 2013/0296368 A1
`Nov. 7, 2013
`
`_
`_
`Related U.S. Application Data
`(63) Continuation of application No. 12/221,333, filed on
`Aug 1, 2008, now Pat. No. 8,486,973.
`.
`.
`.
`.
`(60) Provisional application No. 60/963,076, filed on Aug.
`2, 2007, provisional application No. 60/963,253, filed
`011 Aug. 3, 2007.
`
`(51)
`
`(2006.01)
`(200601)
`(200601)
`(2006.01)
`(2005.01)
`(2006.01)
`
`Int- Cl-
`A01N 43/40
`A61K 31/445
`A6IM 11/00
`A61K 31/435
`/1611(3)/4463
`A61K 9/00
`(52) US_ CL
`CPC ......... .. A61K31/4468 (2013.01); A61K31/435
`(2013.01);A61M11/00 (2013.01);/161K
`31/445 (2013.01); A61K 9/006 (2013.01);
`A61K 9/0056 (2013.01)
`USPC .................................... .. 514/329; 128/200.14
`(58) Field of Classification Search
`None
`See application file for complete search history.
`
`4/2003 Dugger, III
`2003/0077229 A1
`5/2003 Dugger, III
`2003/0082107 A1
`5/2003 Dugger, 111
`2003/0095925 A1
`5/2003 Duggef, 111
`2003/0095925 A1
`10/2883 31:32:11
`5322/3133; :1
`2003/0190290 A1,, 10/2003 ROSS
`.......................... H 424/45
`2004/0092428 A1
`5/2004 Chen et al.
`2004/0120895 A1
`6/2004 Dugger, III
`2004/0136913 A1
`7/2004 Dugger, III et al.
`2004/0135914 A1
`7/2004 Duggefa 111 et 31~
`2004/0136915 A1
`7/2004 Dugger, III et al.
`2004/0141923 A1
`7/2004 Dugger, III et al.
`2004/0265239 A1
`12/2004 Dugger, III et al.
`2005/0002357 A1
`1/2005 Dugger, 111 et 31,
`2005/0163719 A1
`7/2005 Dugger, III et al.
`2005/0180923 A1
`8/2005 Dugger, IIIeta1.
`2005/0281752 A1
`12/2005 Dugger, III
`2005/0281753 A1
`12/2005 Dugger, III
`2005/0287075 A1
`12/2005 Dugger, 111
`2006/0062812 A1
`3/2006 Ross et al.
`2007/0071806 A1*
`3/2007 McCarty ..................... .. 424/451
`2007/0261695 A1
`11/2007 Kottayil et al.
`2009/0124554 A1
`5/2009 Dugger, III
`2009/0162300 A1
`6/2009 Dugger, iii
`2012/0035216 A1*
`2/2012 Palmer et al.
`
`............... .. 514/326
`
`RU
`RU
`W0
`
`FOREIGN PATENT DOCUMENTS
`2156126
`9/2000
`2232580
`7/2004
`W0 90/07333
`7/1990
`
`A2
`WO 2004/016243 A2
`W0
`WO 2004/080382
`W0
`WO 2004/075877
`W0
`W0 W0 2007.007059
`W0
`WO 2007/087431
`
`2/2004
`9/2004
`10/2004
`1/2007
`8/2007
`
`OTHER PUBLICATIONS
`
`Int’1 Preliminary Report on Patentability from related Int’1 Applica-
`tion N0. PCTIUS08/09359 dated Feb. 2, 2010.
`_Lejus, eta1., “Fentanyl versus sufentanil: pla_sma_conc_entrations diir.
`ing continuous epidural postoperative infusion in children,” British
`Journal ofAnaesthesia, vol. 85, Issue 4, Oct. 2000, pp. 615-617.-
`Examination Report for correspondingAustralian PatentApplication
`N°' 2008282742’ “‘*“1‘°'d °“ Feb" 9’ 20”‘
`,
`,
`Smyth, et al., 2003, AAPS PharmSciTech 2003, 4 (3).1-11.
`(Continued)
`
`Primary Examiner — Robert Landsman
`(74) Attorney, Agent, or Firm — Wood, Phillips, Katz, Clark
`& M0ITiI11€1‘
`
`(56)
`
`References Cited
`U.S. PATENT DOCUMENTS
`
`(
`
`)57
`
`ABSTRACT
`
`4,244,478 A
`5219083 A
`5,958,379 A
`5,976,504 A
`6,759,059 B1
`6,946,150 B2
`8,486,972 B2
`
`1/ 1981 Handman
`6/1993 Liebefi et 31'
`9/1999 Regenold et al.
`11/1999 Russell
`7/2004 Pettersson et al.
`9/2005 Whittle
`7/2013 Kottayil et al.
`
`The present invention is directed to sublingual formulations
`containing fentanyl, a pharmaceutically acceptable sale
`thereof, or derivative thereof, suitable for administration to a
`t.
`t
`d
`th d f
`t
`t
`t
`.th th f
`1 t.
`pa ien , an me o s or rea men W1
`e ormu a ions.
`
`6 Claims, 10 Drawing Sheets
`
`

`
`US 8,835,459 B2
`Page 2
`
`(56)
`
`References Cited
`
`OTHER PUBLICATIONS
`Examination Report for corresponding Australian Patent Application
`No. 2008282743, mailed on Nov. 1, 2012.
`Examination Report for corresponding European Patent Application
`No. 07762549.9, mailed on Sep. 30, 2010.
`Supplementary European Search Report, 2 pages, for corresponding
`European Patent Application No. 07762549.9, mailed on Sep. 30,
`2010.
`Oflice Action on Chinese Patent Application No. 200780003555.X
`dated Jul. 9, 2010.
`International Search Report and Written Opinion, dated Jul. 1 1, 2008
`from corresponding Int’l Application No. PCT/US07/02163.
`Mathar, L.E., et al. “Pulmonary administration of aerosolised
`fentanyl: pharmacokinetic analysis of systemic delivery” Br. J. Clin.
`Pharmacol. Jan. 1998, vol. 46, pp. 37-43.
`
`Marier, J-F., et al. “Comparative bioequivalence study between a
`novel matrix transdermal delivery system of fentanyl and a commer-
`cially available reservoir formulation”, Br. J. Clin. Pharmacol. Aug.
`2006, vol. 63, No. 1, pp. 121-124, esp. p. 123, Figure 1.
`International Preliminary Report on Patentability dated Aug. 26,
`2008 from corresponding Int’l Application No. PCT/US07/02163.
`Examination Report dated Aug. 6, 2009 from corresponding Austra-
`lian Application No. 2007208229.
`Examination Report dated May 5, 2010 from corresponding Cana-
`dian Application No. 2,637,672.
`Examination Report dated Mar. 18, 2010 from corresponding New
`Zealand Application No. 569949.
`An English translation ofthe Russian Examination Report datedAug.
`2009 from corresponding Russian Application No. 2008130763.
`ISR and Written Opinion from related Int’l Application No. PCT/
`US08/09359 dated Jan. 9, 2009.
`
`* cited by examiner
`
`

`
`U.S. Patent
`
`Sep. 16,2014
`
`Sheet 1 of 10
`
`US 8,835,459 B2
`
`Plasma c;oncentration~time curves afler IV & SL doses cf Fentg_1_1_r;§{§
`
`Figure I: Formuiaof Example 1, 50 pg IV dose
`
`F1-W [Jase Time Concentration Profile
`
`900
`
`800
`

`
`500
`500
`
`mo
`490we =
`
`
`
`Concentration(nglml)
`
`E
`'1
`
`§2.
`
`5 §
`

`
`{
`
`i
`
`20:: g
`,
`mo
`0 ‘“ “‘*” i
`0
`2:1
`40
`so
`as
`100
`120
`149 ‘
`
`Time (m in}
`
`Mean (:tS.Ei.) piasma concentratis:m—time profiies following intmveneus administration of
`Fentanyl (n.=3}.
`
`Figure 2: Fonnula offixampke 1, 50 pg Sublinguai dose
`
`
`
`Mean ($3.3) piasrna cont-entrationmtime profiies following sublinguai administration Of
`Fentany} (:2=3)
`
`

`
`U.S. Patent
`
`Sep. 16,2014
`
`Sheet 2 of 10
`
`US 8,835,459 B2
`
`Figure 3: Forrnula 0fExample 2, 80 pg IV dose
`
`{-'-’#2 IV Dose Time Concentration Profiie
`
`Time (min)
`
`_........_..........‘_:_:_.._,,:..._......m..._.!
`
`50
`
`80
`
`H30
`
`120
`
`140
`
`Mean ($8.13.) plasma cczncentration-time pmfilcs foilowing intravenous administration of
`Fentany} {n==3}.
`
`Figure 4: Fonnuha of Example 2, 88 gig SI, dense
`
`F#2 SL Dose Time Cancentration Profite
`
`:3
`
`E‘
`
`a;
`E.
`
`Time (min)
`
`‘IC.)0
`U)
`
`01
`Jan
`
`5E
`
`31:.
`
`8
`
`Mean (£235.) piasma concentratiamtinma profiles foliowing subiingual adminisrraiien of
`Fentanyl (n:=3)
`
`

`
`U.S. Patent
`
`Sep. 16,2014
`
`Sheet 3 of 10
`
`US 8,835,459 B2
`
`Figure 5: Formula of Exampla 3, 30 pg {V dost:
`
`F#3 iv Dose time concentration profile
`
`I
`
`1200
`
`.4 C*3D
`
`Mean ($5.13.) piasma concentratian-—time profiles foilewing intravenous administration of
`Fentanyi {n#3)
`
`Figure: 6: Fonnula cf Example 3, 50 pg SL dose
`
`F#3 SL Dose Time Concentration Profile
`
`E E % E 8
`
`80
`
`100
`
`120
`
`Time (min)
`
`Mean (-.L~S,E.) plasma concent‘ration—time prafiies folloxsublingual administration of
`Fentanyl {n=3)
`
`
`
`
`
`Concentraiiongnglmf}
`
`800
`
`600
`
`400
`
`260
`
`Time (min)
`
`

`
`U.S. Patent
`
`Sep. 16,2014
`
`Sheet 4 of 10
`
`US 8,835,459 B2
`
`Figure 7: Formuia of Example 4, 50 pg IV dose
`
`
`
`Figure 8: Fomluia of Exetnapkz 4, 50 pg Si, dose
`
`(ngimu
`Conoentrafian
`
`C}
`
`20
`
`40
`
`60
`
`80
`
`‘£00
`
`1 20
`
`‘S 40
`
`1
`
`Time (min)
`
`Mean (.-1:S.E.} plasma concentrationwtime profiles following sublingual administration of
`Fentanyi {n=3}
`
`
`
`1 000
`
`800
`
`600 -
`
`400
`
`209
`
`(ng!mL)
`Concentration
`
`0
`
`20
`
`40
`
`60
`
`BO
`
`1 O0
`
`1 20
`
`140
`
`Time (min)
`
`Maan {.~::S.E..} plasma concentraiiunwtime profiles following intravenous administratian of
`Faniany! (n$3}
`
`

`
`U.S. Patent
`
`Sep. 16,2014
`
`Sheet 5 of 10
`
`US 8,835,459 B2
`
`Figure: 9: Formuia cf Example 5, 50 pg IV dose
`
`F-5 IV Dose Time Concentration Profiie
`
`1400
`
`E
`
`I
`
`:g 1200
`‘g: 1000
`"E
`50::
`3g 50:3
`g
`40:3 ~
`3 2004!
`O
`
`o
`
`20
`
`40
`
`E
`
`{
`
`E
`
`3
`E
`E
`""""""""4'""""""""""""r""""— “ww““% é
`so
`as
`me
`-:20
`mo
`Time (min)
`__...,...,,§,.$.,,_,“.w_ ______¢
`
`_l___‘_‘_
`
`'
`
`Mean (:I:S.E.) plasma concentratienwtime profiies following intravenous administration of
`Fenian}/1 92:3)
`
`Figure 10: Formuia of Exampie 5, 50 gg SL dose:
`
`‘*1C3C3
`
`‘£355330000
`
`--8M:2caCO
`
`C3
`
`
`
`Cancentration(ngImL)
`
`
`
`F~5 SL Base Time Concentration Profile
`
`s———-~—+
`
`H”!
`
`:~—-+-——-s
`
`:--4’:
`
`
`
`Mean {:t:S.E.) plasma concentrationviime pmfiies foliowing subiingual administration of
`I-‘entanyi {n=3)
`
`

`
`U.S. Patent
`
`Sep. 16,2014
`
`Sheet 6 of 10
`
`US 8,835,459 B2
`
`* PLUME RECORDS - D1G{;1.m) * D50(um) - D90(;1.m)
`
`
`
`DESYANCE (cm)
`
`F I G. 1 1
`
`- D9D(p.m)
`
`4 cm
`90 -PLUME RECORDS -mom) I-D50(pm)
`80
`..
`70
`60-
`58
`40
`30
`20
`10
`
`G
`
`0
`
`2
`
`4
`
`6
`
`8
`
`we
`
`12
`
`EXHAUST nasTAwcE (cm)
`
`F|G.12
`
`

`
`U.S. Patent
`
`Sep. 16, 2014
`
`Sheet 7 of 10
`
`US 8,835,459 B2
`
`7 cm
`
`1» PLUME RECORBS - Dfflmm) *D5G(;¢m) - D90{pm)
`
`
`
`-mums RECORDS -D1U(_u.m) AD50(;.Lm)
`
`-D9D(;1.m)
`
`as
`
`78
`
`- 0
`
`1
`
`2
`
`3
`
`4
`
`5
`
`5
`
`‘i
`
`8
`
`DISTANCE (cm)
`
`FlG.14
`
`

`
`U.S. Patent
`
`Sep. 16,2014
`
`Sheet 8 of 10
`
`US 8,835,459 B2
`
`
`
`
`
`
`
`MEANFENTANYiGONG(ngimuMEANFENTANYLsome(ngfmL)
`
`
`
`
`
`
`
`

`
`U.S. Patent
`
`Sep. 16,2014
`
`Sheet 9 of 10
`
`US 8,835,459 B2
`
`E
`
`§‘
`
`Figure 17
`
`‘£0
`
`PreliminaryMean Fantanyi Concentralécns From Periods 1 ~ 5
`
`l
`
`tnglml.)
`
` Femany!
`
`:€
`
`3 E
`
`‘
`
`

`
`U.S. Patent
`
`Sep. 16,2014
`
`Sheet 10 of 10
`
`US 8,835,459 B2
`
`Figure 13
`
`Preliminary Mean Fentanyi Cancentrafions From Pericd$ 1 - S
`-—
`
`1.-:
`
`12 -
`
`i
`...- 1 —«---«H---—«»—~H~««.«-««~«-~«-~«««+»»««-~
`
`as I?
`
`T
`
`A
`
`-
`
`1.0 a ~——-m—~———-—-~_~—~—— -
`3; FA
`Wm.--..........................
`
`--
`
`
`
`Femtanyi(nglmu
`
`
`
`
`
`Time {II}
`
`
`
`zoo
`
`W -t- am,-mg?
`
`«--«A--—6{1G“.,_§'$_w“m-3::-—_—;"£EflGM4?‘
`
`An expanded X-axis time scale. Natice that concentratians are genemliy at ~60% ofpcak
`by 10 minutas. The peak is approximmeiy 100 minutes broad.
`
`

`
`1
`SUBLINGUAL FENTANYL SPRAY
`
`US 8,835,459 B2
`
`2
`
`This application is a continuation of U.S. patent applica-
`tion Ser. No. 12/221,333 filedAug. 1, 2008 (now U.S. Pat. No.
`8,486,973 issued Jul. 16, 2013), which claims the benefit of
`U.S. Provisional Application Nos. 60/963,076, filed onAug.
`2, 2007 and 60/963,253 filedAug. 3, 2007; the disclosures of
`which are hereby incorporated by reference in their entireties.
`
`FIELD OF THE INVENTION
`
`The invention is directed to sublingual formulations con-
`taining fentanyl, a pharmaceutically acceptable salt thereof,
`or derivative thereof, suitable for administration to humans,
`and methods for treatment with the sublingual formulations.
`
`BACKGROUND OF THE INVENTION
`
`Fentanyl is a p.-opioid receptor agonist with analgesic
`potency approximately 80-100 times that of morphine. In
`clinical settings, fentanyl exerts its principal pharrnacologic
`effects on the central nervous system. Its primary actions are
`analgesic and sedation.
`The analgesic effects of fentanyl are related to the blood
`level of the drug. In general, the minimum effective concen-
`tration and the concentration at which toxicity occurs rise
`with increasing tolerance to any and all opioids. The rate of
`development of tolerance may vary widely among individu-
`als. All opioid mu-receptor agonists, including fentanyl, pro-
`duce dose dependent respiratory depression. The risk of res-
`piratory depression is typically less in patients receiving
`chronic opioid therapy who develop tolerance to respiratory
`depression and other opioid effects. Serious or fatal respira-
`tory depression can occur, even at recommended doses, in
`vulnerable individuals.
`
`Orally administered fentanyl is subject to first pass effect
`metabolism as upwards of 50% or more of orally adminis-
`tered fentanyl is not absorbed. Other forms of delivery such a
`parenteral, buccal, and transdermal have been utilized to
`decrease or avoid this first pass effect for fentanyl.
`Fentanyl is currently available in injectable form, as a
`lozenge (e.g. Actiq®; fentanyl citrate; Actiq is a registered
`trademark of Anesta, LLC), and as a transdermal patch (e.g.
`Duragesic® 25, 50, 75, and 100 ug of fentanyl per hour;
`Duragesic is a registered trademark of Johnson & Johnson
`Corporation). Duragesic® provides continuous systemic
`delivery of fentanyl for approximately 72 hours. Duragesic®
`is indicated in the management of chronic pain in patients
`requiring continuous opioid analgesia for pain that is not
`optimally managed with lesser means such as acetami-
`nophen-opioid combinations, non-steroidal analgesics, or
`pm (as needed) dosing with short-acting opioids. Duragesic®
`is typically not suitable for patients experiencing acute pain
`due to the delay in absorption of the fentanyl through the
`patch, or postoperative pain because serious or life-threaten-
`ing hypoventilation could result.
`Actiq® is a solid formulation of fentanyl citrate, intended
`for oral transmucosal administration. Actiq® is a lozenge
`attached to a handle similar in shape to a lollipop. The handle
`is purportedly to allow the Actiq® unit to be removed from
`the mouth if signs of excessive opioid effects appear during
`administration. Actiq® is indicated for the management for
`breakthrough cancer pain in patients with malignancies who
`are already receiving and who are tolerant to opioid therapy
`for their underlying persistent cancer pain. Actiq® is con-
`traindicated in the management of acute or postoperative
`pain.
`
`5
`
`10
`
`15
`
`20
`
`25
`
`30
`
`35
`
`40
`
`45
`
`50
`
`55
`
`60
`
`65
`
`Sublingual tablets and lozenges (e.g., Actiq®) which may
`be used for acute pain or breakthrough pain have certain
`disadvantages. A disadvantage, amongst others, is that after
`intake the active agent in these pharmaceutical agents must
`first be released and dispersed prior to being available for
`resorption in dissolved form. In addition, the absorption phar-
`macokinetics of fentanyl from Actiq® may vary depending
`on the fraction of the dose that is absorbed through the oral
`mucosa and the fraction swallowed. Further, certain lozenges
`may be in the form of a candy which require medical super-
`vision and may be socially questionable.
`There exists a need in art for a sublingual formulation
`including fentanyl,
`a pharmaceutically acceptable salt
`thereof, or derivative thereof, which is suitable for effective
`pain management.
`
`SUMMARY AND OBJECTS OF THE
`INVENTION
`
`It is an object of the invention to provide a fentanyl formu-
`lation suitable for sublingual administration for effective pain
`management.
`It is an object of certain embodiments of the invention to
`provide methods and compositions capable of rapidly induc-
`ing a state of sedation, analgesia, and/or anesthesia.
`It is a further object of certain embodiments of the inven-
`tion to provide methods and compositions for fentanyl admin-
`istration which minimize the underdosing and/or overdosing
`of a patient in need of fentanyl therapy.
`It is a further object of certain embodiments of the inven-
`tion to provide methods and compositions suitable for the
`treatment of breakthrough pain in patients receiving chronic
`pain treatment.
`It is a further object of certain embodiments of the present
`invention to provide a method for sublingual administration
`of fentanyl, a pharmaceutically acceptable salt thereof, or
`derivative thereof, in a controlled amount for the treatment of
`pain.
`It is a further object of certain embodiments of the present
`invention to provide a dosage form of an opioid analgesic
`which can be administered sublingually in a manner which
`will cause substantial sublingual absorption without substan-
`tial risk of the dose passing into the lungs of the recipient.
`The above-mentioned objects and others are achieved by
`virtue of the present invention, which is directed in part to a
`method for sublingually administering fentanyl, a pharrna-
`ceutically acceptable salt thereof, or derivative thereof, to
`provide fast-acting relief in a formulation in which a substan-
`tial portion ofthe fentanyl, a pharmaceutically acceptable salt
`thereof, or derivative thereof will not be passed into the lungs
`of the patient.
`In certain embodiments the present invention is directed to
`a sublingual fentanyl formulation comprising discrete liquid
`droplets comprising an effective amount of fentanyl, a phar-
`maceutically acceptable salt thereof, or derivative thereof,
`said droplets having a mean diameter of at least about 10
`microns, preferably at least about 20 microns, more prefer-
`ably a mean diameter of from about 20 to about 200 microns.
`In certain embodiments, the present invention is directed to
`a sublingual fentanyl formulation comprising discrete liquid
`droplets of fentanyl, a pharmaceutically acceptable salt
`thereof, or derivative thereof; in a pharmaceutically accept-
`able liquid carrier; said droplets having a size distribution of
`from about 5 microns to about 500 microns, preferably from
`about 10 microns to about 200 microns, preferably from
`about 20 microns to about 100 microns, more preferably from
`about 30 microns to about 70 microns.
`
`

`
`US 8,835,459 B2
`
`3
`In certain preferred embodiments, none of the particles
`have a diameter which would allow the fentanyl, pharmaceu-
`tically acceptable salt thereof, or derivative thereof to be
`delivered to the lung upon sublingual administration.
`In certain embodiments, the present invention is directed to 5
`a unit dose of a sublingual fentanyl formulation, said unit
`dose comprising discrete liquid droplets of fentanyl, a phar-
`maceutically acceptable salt thereof, or derivative thereof;
`and a pharmaceutically acceptable liquid carrier; said drop-
`lets having a mean diameter of at least about 10 microns,
`preferably at least about 20 microns, more preferably a mean
`diameter of from about 20 to about 200 microns.
`
`10
`
`In certain embodiments, the present invention is directed to
`a unit dose of a sublingual fentanyl formulation, said unit
`dose comprising discrete liquid droplets of fentanyl, a phar-
`maceutically acceptable salt thereof, or derivative thereof;
`and a pharmaceutically acceptable liquid carrier; said drop-
`lets having a size distribution of from about 5 microns to
`about 500 microns, preferably from about 10 microns to
`about 200 microns, preferably from about 20 microns to
`about 100 microns, more preferably from about 30 microns to
`about 70 microns.
`
`15
`
`20
`
`4
`
`a mean diameter of at least about 10 microns, preferably at
`least about 20 microns, more preferably a mean diameter of
`from about 20 to about 200 microns. Preferably, the device
`delivers a therapeutically effective dose of the liquid formu-
`lation in the form of liquid droplets having a size distribution
`of from about 5 microns to about 500 microns, preferably
`from about 10 microns to about 200 microns, preferably from
`about 20 microns to about 100 microns, more preferably from
`about 30 microns to about 70 microns.
`
`In certain embodiments, the present invention is directed to
`a method of treating pain comprising utilizing a spray device
`which includes a reservoir including a liquid formulation
`comprising fentanyl, a pharmaceutically acceptable salt
`thereof, or derivative thereof in a pharmaceutically accept-
`able liquid carrier; and an actuator which upon actuation
`delivers a therapeutically effective amount of liquid droplets
`to be sprayed from the device having a mean diameter of at
`least about 10 microns, preferably at least about 20 microns,
`more preferably a mean diameter of from about 20 to about
`200 microns.
`
`In certain embodiments, the present invention is directed to
`a method of treating pain comprising utilizing a spray device
`which includes a reservoir including a liquid formulation
`comprising fentanyl, a pharmaceutically acceptable salt
`thereof, or derivative thereof; and a pharmaceutically accept-
`able liquid carrier; and an actuator which upon actuation
`delivers a therapeutically effective amount of liquid droplets
`having a size distribution of from about 5 microns to about
`500 microns, preferably from about 10 microns to about 200
`microns, preferably from about 20 microns to about 100
`microns, more preferably from about 30 microns to about 70
`microns.
`
`In certain embodiments, the present invention is directed to
`a method of treating breakthrough pain comprising sublin-
`gually administering a liquid spray formulation comprising
`an effective amount of fentanyl, a pharmaceutically accept-
`able salt thereof, or derivative thereof, dispersed in a pharrna-
`ceutically acceptable liquid carrier to a human patient to treat
`breakthrough pain experienced by said human patient.
`In certain embodiments, the present invention is directed to
`a method of treating breakthrough pain comprising sublin-
`gually administering a liquid spray formulation comprising
`an effective amount of fentanyl, a pharmaceutically accept-
`able salt thereof, or derivative thereof, dispersed in a pharrna-
`ceutically acceptable liquid carrier to a human patient who is
`receiving chronic pain treatment, and is experiencing break-
`through pain.
`In certain embodiments, the present invention is directed to
`a method of reducing patient to patient variability for the
`treatment of breakthrough pain, comprising sublingually
`administering to a human patient experiencing breakthrough
`pain a dose of fentanyl in a liquid spray formulation compris-
`ing fentanyl, a pharmaceutically acceptable salt thereof, or
`derivative thereof, and a pharmaceutically acceptable liquid
`carrier said liquid spray formulation being administered as
`discrete liquid droplets having a mean diameter of at least
`about 10 microns, preferably at least about 20 microns, more
`preferably a mean diameter of from about 20 to about 200
`microns.
`
`In certain embodiments, the present invention is directed to
`a method of reducing patient to patient variability for the
`treatment of breakthrough pain, comprising sublingually
`administering to a human patient experiencing breakthrough
`pain a dose of fentanyl in a liquid spray formulation compris-
`ing fentanyl, a pharmaceutically acceptable salt thereof, or
`derivative thereof, and a pharmaceutically acceptable liquid
`carrier said liquid spray formulation being administered as
`
`25
`
`30
`
`35
`
`40
`
`In certain embodiments, the present invention is directed to
`a method of treating pain comprising sublingually adminis-
`tering a liquid spray formulation in the form of discrete liquid
`droplets having a mean diameter of at least about 10 microns,
`preferably at least about 20 microns, more preferably a mean
`diameter of from about 20 to about 200 microns, to a human
`patient experiencing pain, said liquid spray formulation com-
`prising an effective amount of fentanyl, a pharmaceutically
`acceptable salt thereof, or derivative thereof, dispersed in a
`pharmaceutically acceptable liquid carrier.
`In certain embodiments, the present invention is directed to
`a method of treating pain comprising sublingually adminis-
`tering a liquid spray formulation in the form of discrete liquid
`droplets having a size distribution of from about 5 microns to
`about 500 microns, preferably from about 10 microns to
`about 200 microns, preferably from about 20 microns to
`about 100 microns, more preferably from about 30 microns to
`about 70 microns to a human patient experiencing pain; said
`liquid spray formulation comprising an effective amount of
`fentanyl, a pharmaceutically acceptable salt
`thereof, or
`derivative thereof, dispersed in a pharmaceutically acceptable
`liquid carrier.
`In certain embodiments, the present invention is directed to 45
`a device which includes a reservoir containing a unit dose of
`a liquid formulation comprising an effective amount of fen-
`tanyl, a pharmaceutically acceptable salt thereof, or deriva-
`tive thereof in a pharmaceutically acceptable liquid carrier;
`the device having an actuator which when actuated delivers
`the unit dose of the liquid formulation in the form of liquid
`droplets having a mean diameter of at least about 10 microns,
`preferably at least about 20 microns, more preferably a mean
`diameter of from about 20 to about 200 microns. Preferably,
`the device delivers a therapeutically effective dose of the
`liquid formulation in the form of liquid droplets having a size
`distribution of from about 5 microns to about 500 microns,
`preferably from about 10 microns to about 200 microns,
`preferably from about 20 microns to about 100 microns, more
`preferably from about 30 microns to about 70 microns.
`In certain embodiments, the present invention is directed to
`a multi-dose device which includes a reservoir containing a
`liquid formulation comprising fentanyl, a pharmaceutically
`acceptable salt thereof, or derivative thereof in a pharrnaceu-
`tically acceptable liquid carrier; the device having an actuator 65
`which when actuated delivers a therapeutically effective dose
`ofthe liquid formulation in the form of liquid droplets having
`
`50
`
`55
`
`60
`
`

`
`US 8,835,459 B2
`
`5
`discrete liquid droplets having a size distribution of from
`about 5 microns to about 500 microns, preferably from about
`10 microns to about 200 microns.
`
`In certain preferred embodiments, the liquid spray forrnu-
`lation further includes a pharmaceutically acceptable solvent.
`Preferably the pharmaceutically acceptable solvent is an
`organic solvent which is included in an amount suitable for
`dissolving the fentanyl, a pharmaceutically acceptable salt
`thereof, or derivative thereof.
`In certain preferred embodiments the formulations of the
`present invention provide a mean time to maximum plasma
`concentration (Tmax) of fentanyl at from about 5 minutes to
`about 120 minutes, after sublingual administration to
`humans.
`
`In certain preferred embodiments the formulations of the
`present invention provide a mean maximum plasma concen-
`tration (Cmax) of fentanyl of about 127 pg/ml to about 213
`pg/ml per 100 pg fentanyl after sublingual administration to
`humans.
`
`In certain preferred embodiments of the present invention
`the formulations of the present invention do not include a
`propellant.
`In certain embodiments, the formulations of the present
`invention are suitable for
`transmucosal administration,
`including, for example, buccal administration.
`In certain embodiments, the present invention is further
`directed to a method of transmucosally administering fenta-
`nyl, a pharmaceutically acceptable salt thereof, or derivative
`thereof, to a human to provide fast-acting relief in a formu-
`lation in which a substantial portion of the fentanyl, a phar-
`maceutically acceptable salt thereof, or derivative thereofwill
`not be passed into the lungs ofthe patient. In certain preferred
`embodiments, the transmucosal area is the buccal area of a
`human.
`
`In certain embodiments, the present invention is further
`directed to the use of a formulation as defined above for the
`
`manufacture of a medicament for use as an analgesic, for the
`treatment of acute pain and/or breakthrough pain, as an anes-
`thetic premedication, for the induction of anesthesia, as a
`sedative and/or for the treatment of anxiety.
`The invention is also directed to a sublingual fentanyl
`formulation comprising discrete liquid droplets of an effec-
`tive amount of fentanyl, a pharmaceutically acceptable salt
`thereof, or derivative thereof; in a pharmaceutically accept-
`able liquid carrier; said droplets having a mean diameter of at
`least about 10 microns, and upon administration to a human
`patient, at least about 90% ofthe discrete liquid droplets have
`a mean diameter equal or greater than about 9 pm. In other
`embodiments, not more than about 5% of the discrete liquid
`droplets have a mean diameter less than 9 pm. In still other
`embodiments, the formulation provides a respirable dose of
`not more than about 5% of the total fentanyl dose contained.
`The invention is also directed to a method of treating pain
`comprising sublingually administering a liquid spray formu-
`lation in the form of discrete liquid droplets having a mean
`diameter of at least about 10 microns to a human patient
`experiencing pain and at least about 90% ofthe discrete liquid
`droplets have a mean diameter equal or greater than about 9
`pm upon administration to a human patient, said liquid spray
`formulation comprising an effective amount of fentanyl, a
`pharmaceutically acceptable salt
`thereof, or derivative
`thereof, dispersed in a pharmaceutically acceptable liquid
`carrier. In certain other embodiments, not more than about
`5% of the discrete liquid droplets have a mean diameter less
`than 9 pm. In other embodiments, the formulation provides a
`respirable dose ofnot more than about 5% ofthe total fentanyl
`dose contained.
`
`10
`
`15
`
`20
`
`25
`
`30
`
`35
`
`40
`
`45
`
`50
`
`55
`
`60
`
`65
`
`6
`The invention is also directed to a unit dose or bi-dose
`
`device for sublingual administration of a drug comprising:
`a reservoir containing a unit dose or a bi-dose of a liquid
`formulation comprising an effective amount of fentanyl, a
`pharmaceutically acceptable salt
`thereof, or derivative
`thereof in a pharmaceutically acceptable liquid carrier; and
`the device having an actuator which when actuated delivers
`the unit dose of the liquid formulation in the form of liquid
`droplets having a mean diameter of at least about 10 microns,
`and wherein upon administration to a human patient, at least
`about 90% of the discrete liquid droplets have a mean diam-
`eter equal or greater than about 9 pm.
`In other embodiments, not more than about 5% of the
`discrete liquid droplets have a mean diameter less than 9 pm.
`In still other embodiments, the formulation provides a respi-
`rable dose ofnot more than about 5% ofthe total fentanyl dose
`contained.
`
`In accordance with the above objects, the invention is also
`directed to a sublingual spray formulation comprising an
`effective amount of fentanyl and at least one pharrnaceuti-
`cally acceptable excipient, the formulation providing a mean
`Tmax of about 1.28+/-0.60 hours when a dose is adminis-
`
`tered sublingually to humans. In certain other embodiments,
`the sublingual formulation has a concentration of fentanyl
`from about 1 mg/mL to about 8 mg/mL. In certain preferred
`embodiments,
`the concentration of fentanyl
`is about
`1
`mg/mL, about 2 mg/mL, about 4 mg/mL, about 6 mg/mL or
`about 8 mg/mL.
`In accordance with certain of the above objections, the
`invention is also directed to a sublingual formulation exhib-
`iting a mean Cmax of about 0.813 ng/ml+/-0.252 based on a
`sublingual dose of about 400 mcg fentanyl when adminis-
`tered to humans.
`
`In certain other embodiments, the sublingual formulation
`provides a dosage amount of fentanyl selected from the group
`consisting of about 100 mcg, about 200 mcg, about 600 mcg
`and about 800 mcg, and provides a mean Cmax which is
`substantially dose proportional to the sublingual formulation
`containing 400 mcg fentanyl dosage amount, when adminis-
`tered to humans.
`
`In still other embodiments, the sublingual formulation pro-
`vides a substantially dose proportional mean Cmax based on
`a mean Cmax of about 0.813 ng/ml+/-0.252 for a 400 mcg
`fentanyl dose when administered to humans.
`The present invention also provides a sublingual formula-
`tion which provides a mean Tmax when administered to
`humans selected from the group consisting of: about 1.12
`hours when the formulation provides a 100 mcg dose, about
`1.04 hours when the formulation provides a 200 mcg dose,
`about 0.97 hours when the formulation provides a 400 mcg
`dose, about 0.987 hours when the formulation provides a 600
`mcg dose, and about 1.06 hours when the formulation pro-
`vides a 800 mcg dose.
`In accordance with the above objects, it is a further object
`of the invention to provide a sublingual fentanyl formulation
`which provides a plasma concentration after administration
`to humans selected from the group consisting of: about 60%
`of the mean Cmax in about 10 minutes, about 86% of the
`mean Cmax by about 20 minutes and a combination thereof.
`In other embodiments, the invention is directed to a sub-
`lingual
`fentanyl
`formulation that when administered to
`humans provides a plasma concentration that is greater than
`about 80% of the mean Cmax for about 2 hours.
`
`In still other embodiments, the sublingual formulation
`comprises 400 mcg of fentanyl, providing one or more mean
`pharrnacokinetic values selected from the group consisting
`
`

`
`US 8,835,459 B2
`
`7
`of: AUClast 4.863+/—l.7082l hr*ng/mL, AUCinf 5.76l+/—
`1.916 hr*ng/mL, and AUCextrap l0.26+/-5.66%, when
`administered to humans.
`In even 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