throbber
S$ 10/97
`
`UTILITY PATENT APPLICATION TRANSMITTAL
`
`Docket No D-3111
`
`Only for new nonprovisional applications under 37 CFR 1.53b
`
`Total Pages in this Submission
`
`TO THE U.S PATENT AND TRADEMARK OFFICE
`POBOXI45O
`ALEXANDRIA VA 22313-1450
`
`Transmitted herewith for filing under 35 U.S.C 111a and 37 CFR 1.53b is
`invention entitled
`
`new utility patent application for an
`
`METHODS OF PROVIDING THERAPEUTIC EFFECTS
`USING CYCLOSPORIN COMPONENTS
`
`-and invented by
`
`ACHEAMPONG ET AL
`
`If
`
`CONTINUATION APPLIcATIoN check appropriate box an supply the requisite information
`Continuation-in-part CIP of prior application No
`Divisional
`
`Enclosed are Application Elements
`Filing Fee
`
`Specification having 34 pages and including the following
`
`Title of the Invention
`
`Cross References to Related Applications if applicable
`
`Background of the Invention
`
`Brief Summary of the Invention
`
`Description of the Drawings
`
`Detailed Description
`
`Claims as Classified Below
`
`Abstract of the Disclosure
`
`Sheets of Drawingss 37 CFR 113
`Oath or Declaration
`Executed
`Unexecuted
`Copy from prior application 37 CFR 1.63d for continuation/divisional
`Power of Attorney
`Executed
`Unexecuted
`from prior application 37 CFR .63d for continuation/divisional
`application only
`Incorporation By Reference -- The entire disclosure of the prior application from which
`copy of the oath or
`declaration is supplied under the above entry is considered as being part of the disclosure of the accompanying
`
`application only
`
`application and is hereby incorporated by reference therein
`
`Computer Program in Microfiche Appendix
`
`Accompanying Application Parts
`documentss
`Assignment Papers cover sheets
`The prior application is assigned of record to
`from prior application 37 CFR 1.63d for continuation/divisional
`37 CFR 3.73B Statement when there is an assignee
`English Translation Document
`
`if applicable
`
`application only
`
`pagelof
`
`FAMY CARE - EXHIBIT 1005-0001
`
`

`

`Information Disclosure Statement/PTO-1 449
`
`Copies of
`
`IDS Cited References
`
`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
`
`Total Claims
`
`36
`
`-20
`
`16
`
`Independent Claims
`
`Multiple Dependent Claims
`
`check if applicable
`
`OTHER FEE specify purpose
`
`Rate
`
`$18.00
`
`$86.00
`
`BASIC FEE
`
`ASSIGNMENT
`
`Fee
`
`$288.00
`
`0.00
`
`0.00
`
`770.00
`
`40.00
`
`Applicant has small entity status under 37 CFR 1.9 and 1.27
`
`SMALL ENTITY STATUS
`
`TOTAL FILING FEE
`
`$1098.00
`
`check
`
`in the amount of
`
`to cover the filing fee and the assignment
`fee is enclosed
`The Commissioner is hereby authorized to charge and/or credit Deposit Account Number 01-0885
`as described below
`Charge the amount of $1098.00 as filing fee
`
`Credit any overpayment
`filing fees required under 37 CFR .16 and 1.17
`
`Charge any additional
`
`VENTURE SUITE 300
`IRVINE CA 92618
`phone 949-450-1750
`fax
`949-450-1764
`
`Respectfully Submitted
`
`Attorney for Applicants
`Reg No 25612
`
`page
`
`of
`
`FAMY CARE - EXHIBIT 1005-0002
`
`

`

`D-31l1
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`PATENT
`
`In re application of
`ET AL
`ACHEANPONG
`
`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
`
`the following documents as identified
`hereby certify that
`below are being deposited with the United States Postal Service
`TExpress Mail Post Office to Addressee service under 37 CFR 1.10
`on the date indicated above
`and are addressed to the Commissioner
`for Patents P0 Box 1450 Alexandria VA 22313-1450
`
`Application Transmittal
`Application Data Sheet
`Application
`Declaration
`Assignment and Recordation Sheet
`Return receipt postcard
`
`and
`
`The
`
`above-identified documents are enclosed herewith
`
`Respectfully submitte
`
`McGhee Office of
`Janet
`Uxa Reg No 25612
`Frank
`Attorney for Applicant
`Reg No 36331
`Venture Suite 300
`Irvine CA
`92618
`949 4501750
`Facsimile 949 450-1764
`
`FAMY CARE - EXHIBIT 1005-0003
`
`

`

`DOCKET NO D-3111
`
`DOCKET NO.: D-3111
`
`ET AL IS
`THE ENCLOSED PATENT APPLICATION OF ACHEANPONG
`THE ENCLOSED PATENT APPLICATION OF ACHEAMPONG ET AL.
`IS
`BEING FILED IN ACCORDANCE WITH SECTION
`37 CFR 1.10 BY
`BEING FILED IN ACCORDANCE WITH SECTION 37 CFR 1.10 BY
`EXPRESS MAIL AND SHOULD BE ACCORDED
`FILING DATE
`EXPRESS MAIL AND SHOULD BE ACCORDED A FILING DATE
`
`AUGUST 27 2004
`AUGUST 27, 2004
`
`SEE THE EXPRESS MAIL CERTIFICATE ATTACHED TO THE APPLICATION
`SEE THE EXPRESS MAIL CERTIFICATE ATTACHED TO THE APPLICATION.
`
`tlae
`
`FAMY CARE - EXHIBIT 1005-0004
`
`FAMY CARE - EXHIBIT 1005-0004
`
`

`

`S$ 10/97
`
`UTILITY PATENT APPLICATION TRANSMITTAL
`
`Docket No D-3111
`
`Only for new nonprovisional applications under 37 CFR 1.53b
`
`Total Pages in this Submission
`
`TO THE U.S PATENT AND TRADEMARK OFFICE
`POBOXI45O
`ALEXANDRIA VA 22313-1450
`
`Transmitted herewith for filing under 35 U.S.C 111a and 37 CFR 1.53b is
`invention entitled
`
`new utility patent application for an
`
`METHODS OF PROVIDING THERAPEUTIC EFFECTS
`USING CYCLOSPORIN COMPONENTS
`
`-and invented by
`
`ACHEAMPONG ET AL
`
`If
`
`CONTINUATION APPLIcATIoN check appropriate box an supply the requisite information
`Continuation-in-part CIP of prior application No
`Divisional
`
`Enclosed are Application Elements
`Filing Fee
`
`Specification having 34 pages and including the following
`
`Title of the Invention
`
`Cross References to Related Applications if applicable
`
`Background of the Invention
`
`Brief Summary of the Invention
`
`Description of the Drawings
`
`Detailed Description
`
`Claims as Classified Below
`
`Abstract of the Disclosure
`
`Sheets of Drawingss 37 CFR 113
`Oath or Declaration
`Executed
`Unexecuted
`Copy from prior application 37 CFR 1.63d for continuation/divisional
`Power of Attorney
`Executed
`Unexecuted
`from prior application 37 CFR .63d for continuation/divisional
`application only
`Incorporation By Reference -- The entire disclosure of the prior application from which
`copy of the oath or
`declaration is supplied under the above entry is considered as being part of the disclosure of the accompanying
`
`application only
`
`application and is hereby incorporated by reference therein
`
`Computer Program in Microfiche Appendix
`
`Accompanying Application Parts
`documentss
`Assignment Papers cover sheets
`The prior application is assigned of record to
`from prior application 37 CFR 1.63d for continuation/divisional
`37 CFR 3.73B Statement when there is an assignee
`English Translation Document
`
`if applicable
`
`application only
`
`pagelof
`
`FAMY CARE - EXHIBIT 1005-0005
`
`

`

`Information Disclosure Statement/PTO-1 449
`
`Copies of
`
`IDS Cited References
`
`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
`
`Total Claims
`
`36
`
`-20
`
`16
`
`Independent Claims
`
`Multiple Dependent Claims
`
`check if applicable
`
`OTHER FEE specify purpose
`
`Rate
`
`$18.00
`
`$86.00
`
`BASIC FEE
`
`ASSIGNMENT
`
`Fee
`
`$288.00
`
`0.00
`
`0.00
`
`770.00
`
`40.00
`
`Applicant has small entity status under 37 CFR 1.9 and 1.27
`
`SMALL ENTITY STATUS
`
`TOTAL FILING FEE
`
`$1098.00
`
`check
`
`in the amount of
`
`to cover the filing fee and the assignment
`fee is enclosed
`The Commissioner is hereby authorized to charge and/or credit Deposit Account Number 01-0885
`as described below
`Charge the amount of $1098.00 as filing fee
`
`Credit any overpayment
`filing fees required under 37 CFR .16 and 1.17
`
`Charge any additional
`
`VENTURE SUITE 300
`IRVINE CA 92618
`phone 949-450-1750
`fax
`949-450-1764
`
`Respectfully Submitted
`
`Attorney for Applicants
`Reg No 25612
`
`page
`
`of
`
`FAMY CARE - EXHIBIT 1005-0006
`
`

`

`D-31l1
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`PATENT
`
`In re application of
`ET AL
`ACHEANPONG
`
`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
`
`the following documents as identified
`hereby certify that
`below are being deposited with the United States Postal Service
`TExpress Mail Post Office to Addressee service under 37 CFR 1.10
`on the date indicated above
`and are addressed to the Commissioner
`for Patents P0 Box 1450 Alexandria VA 22313-1450
`
`Application Transmittal
`Application Data Sheet
`Application
`Declaration
`Assignment and Recordation Sheet
`Return receipt postcard
`
`and
`
`The
`
`above-identified documents are enclosed herewith
`
`Respectfully submitte
`
`McGhee Office of
`Janet
`Uxa Reg No 25612
`Frank
`Attorney for Applicant
`Reg No 36331
`Venture Suite 300
`Irvine CA
`92618
`949 4501750
`Facsimile 949 450-1764
`
`FAMY CARE - EXHIBIT 1005-0007
`
`

`

`DOCKET NO D-3111
`
`DOCKET NO.: D-3111
`
`ET AL IS
`THE ENCLOSED PATENT APPLICATION OF ACHEANPONG
`THE ENCLOSED PATENT APPLICATION OF ACHEAMPONG ET AL.
`IS
`BEING FILED IN ACCORDANCE WITH SECTION
`37 CFR 1.10 BY
`BEING FILED IN ACCORDANCE WITH SECTION 37 CFR 1.10 BY
`EXPRESS MAIL AND SHOULD BE ACCORDED
`FILING DATE
`EXPRESS MAIL AND SHOULD BE ACCORDED A FILING DATE
`
`AUGUST 27 2004
`AUGUST 27, 2004
`
`SEE THE EXPRESS MAIL CERTIFICATE ATTACHED TO THE APPLICATION
`SEE THE EXPRESS MAIL CERTIFICATE ATTACHED TO THE APPLICATION.
`
`tlae
`
`FAMY CARE - EXHIBIT 1005-0008
`
`FAMY CARE - EXHIBIT 1005-0008
`
`

`

`D-3111
`
`METHODS OF PROVIDING THERAPEUTIC
`
`EFFECTS
`
`USING CYCLOSPORIN COMPONENTS
`
`Related Application
`
`U.S
`benefit
`application
`This
`claims
`the
`of
`Provisional Application No 60/503137
`filed September 15
`2003 which
`is incorporated in its entirety herein by
`reference
`
`Background of
`
`the Invent ion
`
`invention relates to methods of providing
`The present
`desired therapeutic effects
`to humans or animals using
`More
`
`compositions
`
`including
`
`including
`
`cyclosporin
`components
`particularly the invention relates to methods
`human
`
`to
`
`an
`
`of
`
`or
`
`animal
`
`administering
`eye
`therapeutically effective amount of
`cyclosporin component
`desired therapeutic effect
`to provide
`preferably
`desired ophthalmic or ocular therapeutic effect
`The use of cyclosporin-A and cyclosporin
`derivatives
`to treat ophthalmic conditions has been the subject of
`for example Ding et al U.S Patent
`various patents
`5474979 Garst U.S Patent 6254860
`and Garst U.S
`6350442 this disclosure of each of which is incorporated
`entirely herein by
`reference
`in its
`In addition
`cyclosporin
`compositions
`conditions is the subject
`Such
`
`used
`
`of
`
`publications
`
`include
`
`in treating ophthalmic
`number of publications
`Blood
`for
`
`example
`during long-term treatment
`of cyclosporin
`with cyclosporin
`ophthalmic emulsions in patients with
`moderate to severe dry eye disease Small et al
`Ocul
`2002 Oct 185411-8 Distribution of
`Pharmacol Ther
`ocular
`tissues
`after
`in
`topical
`
`concentrations
`
`cyclosporin
`
`10
`
`15
`
`20
`
`25
`
`30
`
`FAMY CARE - EXHIBIT 1005-0009
`
`

`

`D3111
`
`ophthalmic
`
`beagle dogs
`administration to
`rabbits
`albino
`and
`Acheampong et al Curr Eye Res 1999 Feb 18291-103b
`Cyclosporine distribution into the conjunctiva
`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
`4381001-4 Preclinical
`emulsion
`safety
`cyclosporine
`studies
`of
`438991-5
`et al
`
`Angelov
`
`et al
`Cyclosporin
`
`Adv
`
`Exp Med Biol
`1998
`Eye Stevenson
`Emulsion
`1075967-74
`May
`Ophthalmology
`randomized studies of
`the efficacy and safety
`ophthalmic emulsion in moderate to severe
`of cyclosporine
`Study Group Sall et al
`dry eye disease CsA Phase
`2000 Apr 1074631-9
`Each of
`these
`in its entirety herein by
`is incorporated
`In addition cyclosporin A-containing oil-in-
`emulsions
`have
`been
`under
`tested
`clinically
`conditions of confidentiality since the mid 1990s
`in
`order to obtain U.S Food and Drug Administration FDA
`regulatory approval
`
`10
`
`15
`
`20
`
`25
`
`30
`
`2000
`
`and
`
`multicenter
`
`Ophthalmology
`
`publications
`
`reference
`
`water
`
`are set out
`
`of
`
`Examples of useful cyclosporin A-containing emulsions
`in Ding et al U.S Patent 5474979
`Example
`series of emulsions in which the
`this patent
`shows
`ratio of cyclosporin
`
`to castor oil
`
`in each of
`
`these
`
`compositions was 0.08 or greater except
`which
`included
`0.2% by weight cyclosporin
`weight castor oil
`
`The Ding et al patent
`placed
`relative to Compositions
`significance in Composition
`
`for Composition
`and 5% by
`
`no
`
`and
`
`Over
`
`of Example
`time it
`has become apparent
`that cyclosporin
`emulsions for ophthalmic use preferably have less than 0.2%
`With
`of
`
`by weight
`
`cyclosporin
`
`cyclosporin
`
`FAMY CARE - EXHIBIT 1005-0010
`
`

`

`D-3111
`
`concentrations
`
`the
`
`less than 0.2% the amount of castor oil
`the functions of
`employed has been reduced since one of
`castor oil
`is to solubilize the cyclosporin
`amounts
`of
`
`reduced
`
`cyclosporin
`amounts of castor oil are needed
`solubilization of cyclosporin
`There continues to be
`
`if
`
`Thus
`reduced
`
`are employed
`to provide effective
`
`methods of
`
`need for providing enhanced
`treating ophthalmic or ocular conditions with
`
`cyclosporin-containing
`
`emulsions
`
`10
`
`Suitunary of
`
`the Invention
`
`New methods of
`
`treating
`
`component-containing
`
`cyclosporin
`
`discovered
`
`efficacy
`
`human or animal using
`have
`emulsions
`been
`Such methods
`substantial overall
`provide
`in providing desired therapeutic effects
`In
`addition other important benefits are obtained employing
`the present methods
`For example patient safety is
`enhanced
`the present methods provide for
`In particular
`reduced risks of side effects and/or
`drug interactions
`have
`increased
`
`Prescribing
`
`physicians
`
`advantageously
`
`15
`
`20
`
`25
`
`30
`
`in
`
`such
`
`the
`
`of
`
`provide
`
`methods
`and
`flexibility
`prescribing
`compositions useful
`in such methods for example because
`the reduced risks of harmful side effects and/or drug
`interactions The present methods can be easily practiced
`In short
`the present methods
`substantial
`and
`overall
`
`with
`
`other
`
`acceptable
`
`advantages
`
`water
`
`in
`
`together
`efficacy
`such as increased safety and/or
`flexibility
`In one aspect of
`invention the present
`the present
`methods comprise administering to an eye of
`human or
`composition in the form of an emulsion comprising
`animal
`component and
`hydrophobic
`cyclosporin component
`therapeutically effective amount of
`less than 0.1% by
`
`FAMY CARE - EXHIBIT 1005-0011
`
`

`

`D-3111
`
`weight of
`
`cyclosporin component
`than 0.08
`
`the composition
`
`The weight
`to the hydrophobic
`
`ratio of
`
`the
`
`component
`
`is less
`
`It
`
`has
`
`been
`
`found
`
`that
`
`amounts of hydrophobic
`
`component
`
`the
`
`relatively increased
`together with relatively
`effective
`amounts
`
`of
`
`reduced
`
`yet
`
`therapeutically
`cyclosporin component provide substantial and advantageous
`benefits For example the overall efficacy of
`the present
`compositions for example in treating dry eye disease is
`to an identical
`substantially equal
`composition in which
`in an amount of 0.1%
`
`10
`
`15
`
`20
`
`25
`
`30
`
`the cyclosporin component
`is present
`by weight
`Further
`relatively high concentration
`is believed
`
`hydrophobic component
`to provide for
`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
`effectiveness
`the
`therapeutic
`of
`the
`composition Additionally and importantly using reduced
`amounts
`the active cyclosporin component mitigates
`of
`against undesirable side effects
`and/or potential
`interactions
`
`of
`
`more
`
`drug
`
`In short
`
`the present
`
`invention provides at
`
`least one
`
`and preferably
`
`plurality of
`
`The
`
`advantageous
`benefit
`advantageous benefits
`present methods
`are useful
`in treating any
`suitable 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
`human or animal
`Included among such conditions
`eye of
`are
`limitation
`
`without
`
`dry
`
`phacoanaphylactic
`
`endophthalmitis
`
`eye
`uveitis
`
`syndrome
`
`vernal
`
`FAMY CARE - EXHIBIT 1005-0012
`
`

`

`D3111
`
`conjunctivitis atopic kerapoconjunctivitis
`rejection and the like conditions
`
`corneal graft
`invention
`The present
`is particularly effective in treating dry eye syndrome
`concentrations
`reduced
`Employing
`
`of
`
`cyclosporin
`component
`invention is advantageously
`as in the present
`effective to provide the blood of
`the human or animal under
`treatment with
`reduced
`
`component preferably with substantially
`concentration
`cyclosporin
`of
`the
`
`no detectable
`
`component
`
`The
`
`10
`
`cyclosporin
`
`component
`
`concentration
`
`of
`
`blood
`
`can
`
`be
`
`concentrations
`
`of
`
`cyclosporin
`
`of clyclosporin
`
`group
`
`of
`
`nonpolar
`
`cyclic
`
`known
`
`have
`
`measured
`advantageously
`validated
`liquid
`using
`chromatography/mass spectrometry-mass spectrometry VLC/MS
`MS analytical method such as described elsewhere herein
`in the present methods the blood of
`In one embodiment
`the human or animal has concentrations
`less
`component of 0.1 ng/ml or
`Any suitable cyclosporin component effective in the
`present methods may be used
`Cyclosporins
`are
`oligopeptides with
`immunosuppressant activity
`along with several other minor metabolites
`been
`identified
`through
`In
`addition
`nuinber of synthetic analogs have been prepared
`In general commercially available cyclosporins may
`contain mixture of several
`individual cyclosporins which
`cyclic peptide structure consisting of eleven
`amino acid residues with
`total molecular weight of about
`1200 but with different substituents or configurations of
`the amino acids
`some of
`The term cyclosporin component
`intended
`include
`individual
`to
`
`15
`
`20
`
`25
`
`30
`
`Cyclosporin
`
`cyclosporin
`
`all share
`
`cyclosporin group
`
`any
`and derivatives
`
`as used herein is
`
`member
`
`of
`
`the
`
`thereof
`
`as well
`
`as
`
`FAMY CARE - EXHIBIT 1005-0013
`
`

`

`D31l1
`
`mixtures of
`
`derivatives
`
`or more
`two
`thereof
`
`individual
`
`cyclosporins
`
`and
`
`Particularly preferred cyclosporin components include
`without
`limitation
`derivatives
`
`cyclosporin
`
`of
`
`cyclosporin
`
`and
`
`the
`
`like
`
`and mixtures
`
`thereof
`
`Cyclosporin
`
`is
`
`an
`
`especially
`
`useful
`
`cyclosporin
`
`component may be employed in
`
`component
`Any suitable hydrophobic
`invention
`the present
`the cyclosporin
`Advantageously
`is solubilized in the hydrophobic component
`component may be considered as comprising
`phase in the presently useful cyclosporin
`component-containing emulsions
`The hydrophobic
`component preferably is present
`emulsion compositions
`in an amount greater
`0.625% by weight
`For example the hydrophobic
`component
`in an amount of up to about 1.0% by weight
`may be present
`or about 1.5% by weight or more of
`the composition
`
`component
`
`hydrophobic
`
`discontinuous
`
`The
`
`in the
`
`than about
`
`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
`very useful embodiment
`comprises
`or more
`
`In
`
`component
`
`one
`
`the hydrophobic
`acid
`higher
`
`fatty
`
`the
`
`results are obtained when
`Excellent
`glycerides
`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
`
`of
`
`such
`
`other
`
`Examples
`components
`limitation emulsifier components
`tonicity components
`polyelectrolyte
`surfactant
`
`components
`
`components
`
`the compositions
`include without
`
`10
`
`15
`
`20
`
`25
`
`30
`
`FAMY CARE - EXHIBIT 1005-0014
`
`

`

`D-3111
`
`viscosity inducing components acids and/or bases to adjust
`the composition buffer components preservative
`the pH of
`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
`and
`
`polyelectrolyte
`
`components
`
`viscosity
`
`inducing
`
`The
`
`to be achieved
`
`components may be employed
`composition
`specific
`chosen for use in the present
`invention advantageously
`selected taking into account various factors present
`specific application at hand
`for example the desired
`the desired properties
`therapeutic effect
`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
`ophthalmically
`acceptable
`composition component or
`material is ophthalmically acceptable when it
`is compatible
`is it does not cause significant
`with ocular tissue that
`or undue detrimental effects when brought
`into contact with
`tissues
`ocular
`Such compositions have pHs within the physiological
`to about 10 preferably in
`range of about
`range of
`about 7.0 to about 8.0 and more preferably in
`about 7.2 to about 7.6
`
`is
`
`in the
`
`are
`
`range of
`
`The
`
`present methods
`
`for
`
`preferably
`provide
`an
`administering step comprising topically administering the
`presently useful compositions to the eye or eyes of
`human
`or animal
`Each and every feature described herein and each and
`combination of
`two or more of
`features
`such
`
`every
`
`is
`
`10
`
`15
`
`20
`
`25
`
`30
`
`FAMY CARE - EXHIBIT 1005-0015
`
`

`

`D-3111
`
`invention provided
`included within the scope of
`the present
`the features included in such
`combination are not
`that
`
`mutually inconsistent
`These and other aspects and advantages of
`invention
`
`the
`
`following
`
`apparent
`are
`in
`description example and claims
`
`the present
`detailed
`
`Detailed Description
`
`of
`
`The present methods are effective for treating an eye
`human or animal
`Such methods in general
`comprise
`administering preferably topically administering to an
`human or animal
`eye of
`
`emulsion
`
`pure water
`
`hydrophobic
`
`component
`
`in
`
`cyclosporin component-containing
`for example U.S
`The emulsion contains water
`and
`component
`cyclosporin
`therapeutically effective amount of
`the emulsion
`than
`0.1% by weight
`In addition
`of
`beneficial results have been found when the weight ratio of
`the cyclosporin component
`to the hydrophobic
`less than 0.08
`
`less
`
`component
`
`is
`
`above
`noted
`As
`the
`present
`administering
`step
`preferably includes topically administering the emulsion to
`or animal
`human
`the
`patient
`of
`of
`eye
`Such
`
`administering may
`useful compositions or
`
`involve
`
`single use of
`
`the presently
`repeated or periodic use of such
`compositions
`for example
`achieve the therapeutic effect
`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
`
`as
`
`required or desired to
`
`to be obtained
`
`The topical
`
`have
`been
`The present methods
`found
`to be
`very
`effective in providing the desired therapeutic effect or
`
`10
`
`15
`
`20
`
`25
`
`30
`
`FAMY CARE - EXHIBIT 1005-0016
`
`

`

`D-3111
`
`in prior art cyclosporin
`
`effects while at
`the same time substantially reducing or
`even substantially eliminating side effects which may
`the cyclosporin component
`in
`result from the presence of
`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
`Also
`emulsions
`include
`
`containing
`
`compositions
`
`which
`
`the
`
`use
`
`reduced
`
`of
`
`the present
`amounts
`
`of
`
`the
`
`cyclosporin
`
`allow
`
`for
`
`more
`
`components
`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
`are useful
`The present methods
`in treating any
`condition
`which
`sensitive to
`
`is
`
`therapeutically
`treatable with cyclosporin components
`preferably are ophthalmic or ocular conditions that
`relating to or having to do with one or more parts of an
`human or animal
`Included among such conditions
`eye of
`without
`are
`limitation
`syndrome
`dry
`
`or
`
`Such conditions
`
`is
`
`eye
`
`10
`
`15
`
`25
`
`30
`
`20
`
`phacoanaphylactic
`
`endophthalmitis
`
`uveitis
`
`vernal
`
`conjunctivitis atopic kerapoconjunctivitis
`rejection and the like conditions
`
`corneal graft
`invention
`The present
`is particularly effective in treating dry eye syndrome
`The frequency of administration and the amount of
`useful
`
`the
`
`presently
`composition
`use
`during
`to
`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
`in treating various
`flexibility
`ocular
`conditions
`to
`the desired therapeutic effect or effects with
`reduced risk of side effects and/or
`eye irritation
`
`achieve
`
`Such
`
`FAMY CARE - EXHIBIT 1005-0017
`
`

`

`D3111
`
`10
`
`on
`
`an
`
`as
`
`administration may occur
`needed basis
`example in treating or managing dry eye syndrome on
`time basis or on
`repeated or periodic basis once
`twice
`thrice or more times daily depending on the needs of
`human or animal being treated and other
`factors involved in
`the application at hand
`
`for
`
`one
`
`the
`
`One
`
`of
`
`important
`the
`advantages
`invention is the reduced concentration
`
`of
`
`the present
`
`component
`
`in the blood of
`
`result
`
`of administering
`herein
`
`One
`
`step
`
`provides
`
`10
`
`15
`
`20
`
`25
`
`30
`
`the cyclosporin
`of
`the human or animal as
`as described
`the present
`very useful
`
`composition
`
`embodiment
`
`of
`
`the present
`no substantial detectable
`
`administering
`concentration
`in the blood of
`of cyclosporin component
`human or animal Cyclosporin component
`blood
`determined
`is
`preferably
`
`concentration
`
`the
`
`in
`
`using
`liquid
`spec troscopy LC
`spectroscopy-mass
`chromatography-mass
`MS/MS which test has
`cyclosporin component detection
`limit of 0.1 ng/ml Cyclosporin component concentrations
`below or
`0.1 ng/ml are therefore considered
`less than
`substantially undetectable
`The LC-MS/MS test
`
`run asfollows
`is advantageously
`One ml of blood is acidified with 0.2 ml of 0.1
`
`HC1
`solution then extracted with ml of methyl t-butyl ether
`After separation from the acidified aqueous
`layer
`is neutralized with
`NaOH
`phase
`ml of 0.1
`organic
`reconstituted
`water/acetonitrile-based
`evaporated
`in
`50 mm 3/2m pore size
`mobil phase and injected onto
`reverse phase high pressure
`C-8
`liquid chromatography
`HPLC
`column
`PA
`Keystone Scientific Bellefonte
`Compounds are gradient-eluted at 0.2 mL/min and detected
`using an API
`
`the
`
`2.1
`
`III
`
`turbo-ionspray
`
`triple quadrupole mass spectrometer with
`PE-Sciex
`Concord Ontario
`source
`
`FAMY CARE - EXHIBIT 1005-0018
`
`

`

`D311l
`
`11
`
`Molecular
`
`which
`
`10
`
`15
`
`Canada
`reaction monitoring enhances
`sensitivity and selectivity of
`Protonated
`this assay
`molecules for the analyte
`and an
`internal
`collisionally dissociated and product
`ions at m/z
`monitored for the analyte and the internal standard
`these conditions cyclosporin
`and the internal standard
`elute with retention times of about
`cyclosporin
`3.8
`minutes
`The lower limit of quantitation is 0.1 ng/mL at
`concentration
`the coefficient
`of variation and
`is 15%
`deviation from nominal concentration
`noted
`suitable
`As
`previously
`cyclosporin
`any
`component effective in the present methods may be employed
`Very useful
`cyclosporin
`include without
`components
`limitation cyclosporin
`derivatives of cyclosporin
`the like and mixtures thereof
`
`the
`
`standard are
`
`425 are
`
`Under
`
`and
`
`The
`
`chemical
`
`structure
`
`for
`
`cyclosporin
`
`is
`
`represented by Formula
`
`Formula
`
`FAMY CARE - EXHIBIT 1005-0019
`
`

`

`D3111
`
`12
`
`to
`
`the
`
`manner
`
`to the
`
`As used herein the term derivatives of
`cyclosporin
`refer to compounds
`having structures sufficiently similar
`cyclosporin
`function
`so
`as
`to
`in
`substantially similar to or substantially identical
`cyclosporin for example cyclosporin
`in the present
`methods
`Included without
`limitation within the useful
`are those selected from
`
`cyclosporin
`
`derivatives
`
`10
`
`methylthio-Sar3--
`
`-hydroxy-MeLeu
`cyclosporin
`Cycloalkylthio-Sar3-4-hydroxy-MeLeu4-cyclosporin
`and R-Cycloalkylthio-Sar3-cyclosporin
`described below
`These cyclosporin derivatives are represented by the
`II
`III
`IV
`following
`general
`and
`formulas
`
`derivatives
`
`respectively
`
`FAMY CARE - EXHIBIT 1005-0020
`
`

`

`D3111
`
`13
`
`Formula II
`
`II
`
`Me
`
`Mc
`
`OMe
`
`e/
`
`Me
`
`Me
`
`Mc
`
`Mc7\
`OHMe
`
`Formula III
`
`IU
`
`Me tMe
`Me
`
`FAMY CARE - EXHIBIT 1005-0021
`
`

`

`D3111
`
`14
`
`Formula IV
`
`Ill
`Me Me
`Me\
`ORMe
`
`Me_/
`
`Me
`
`MC_izM6
`Mel
`
`wherein Me
`
`is methyl Alk
`2-6C alkylene
`is
`is OH COOH alkoxycarbonyl
`6C cycloalkylene
`NR3CH2NR1R2
`wherein
`alkyl
`3-6C
`R11R2
`cycloalkyl phenyl optionally substituted by halo alkoxy
`alkoxycarbonyl amino alkylamino or dialkylamino benzyl
`or saturated or unsaturated heterocyclyl
`having
`members and 1-3 heteroatoms or NR1R2
`which may
`contain
`heterocycle
`heteroatom and may be alkylated R3
`or alkyl and
`is
`2-4 and the alkyl moieties contain 1-4C
`embodiment
`the
`In one
`cyclosporin
`component
`is
`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
`
`or
`
`3-
`
`-NR1R2 or
`
`is
`
`or
`
`is
`
`or
`
`membered
`
`further
`
`or
`
`is
`
`One important feature of
`
`invention is that
`the present
`the presently useful compositions contain less than 0.1% by
`
`10
`
`15
`
`20
`
`FAMY CARE - EXHIBIT 1005-0022
`
`

`

`D3111
`
`weight of
`
`discussed
`
`such low-concentrations
`
`15
`
`the cyclosporin component
`The advantages of
`of cyclosporin components have been
`herein
`elsewhere
`Low
`some detail
`
`in
`
`concentrations
`
`of cyclosporin component
`
`together with
`
`concentrations
`
`of
`
`the hydrophobic
`
`component
`
`such that
`
`the
`
`weight
`
`ratio of
`
`to hydrophobic
`
`phase
`
`in the
`
`cyclosporin
`component
`than 0.08
`one or more
`is greater
`provides
`component
`substantial advantages in the present methods
`Any suitable hydrophobic
`component may be employed in
`invention
`Such hydrophobic component may be
`the present
`considered as comprising
`discontinuous
`useful
`presently
`cyclosporin
`component-containing
`emulsions with the water or aqueous phase being considered
`the continuous phase in such emulsion
`The hydrophobic
`is preferably selected so as to solubilize the
`which
`cyclosporin
`often
`component
`insoluble in the aqueous phase
`included
`hydrophobic
`
`component
`
`is
`
`substantially
`Thus with
`
`suitable
`
`component
`
`in the presently useful
`
`emulsions
`cyclosporin
`solubilized in the emulsions
`
`the
`
`component
`
`is
`
`preferably
`
`In
`
`one
`
`embodiment
`very useful
`hydrophobic
`an oily material
`component
`comprises
`in particular
`material which is substantially not miscible in water
`useful oily materials
`include without
`of
`Examples
`limitation vegetable oils animal oils mineral oils
`synthetic oils and the like and mixtures thereof
`Thus
`
`the
`
`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
`One very useful hydrophobic
`synthetic
`
`includes
`
`component
`
`10
`
`15
`
`20
`
`25
`
`30
`
`FAMY CARE - EXHIBIT 1005-0023
`
`

`

`D3111
`
`16
`
`higher
`
`fatty acid glycerides
`
`Examples of useful hydrophobic
`components
`include
`without
`limitation olive oil
`arachis oil
`castor oil
`mineral oil
`silicone fluid and the
`like and mixtures
`
`thereof
`
`fatty acid glycerides such as olive oil
`Higher
`peanut oil castor oil
`and the like and mixtures thereof
`
`useful
`
`in
`
`the
`
`present
`
`invention
`
`are particularly
`Excellent
`results are
`obtained
`using
`hydrophobic
`component comprising castor oil Without wishing to limit
`the invention to any particular theory of operation it
`believed
`includes
`that
`castor oil
`relatively high
`concentration of ricinoleic acid which itself may be useful
`in benefitting ocular
`tissue and/or
`in providing one or
`more therapeutic effects when administered to an eye
`The hydrophobic component
`is preferably present
`in the
`presently useful cyclosporin component-containing emulsion
`compositions
`than about
`in an amount greater
`
`is
`
`0.625% by
`
`weight
`
`present
`
`For example the hydrophobic
`component may be
`in an amount up to about 0.75% by weight or about
`1.0% by weight or about
`
`the
`
`1.5% by weight or more of
`presently useful emulsion compositions
`The presently useful compositions may include one or
`more other
`in amounts effective to facilitate
`components
`and effectiveness of
`
`the usefulness
`
`the present methods
`the presently useful compositions
`Examples of such
`include without
`
`and/or
`
`other
`
`components
`
`limitation emulsifier
`
`surfactant
`components
`tonicity components
`components
`poiy electrolyte components emulsion stability components
`viscosity inducing components demulcent
`components acid
`and/or bases to adjust
`the composition buffer
`and the like
`
`the pH of
`
`com

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