throbber
I IIIII
`
`1111111111111111111111111111111111111111111111111111111111111
`US008337888B2
`
`c12) United States Patent
`Wright et al.
`
`(10) Patent No.:
`(45) Date of Patent:
`
`US 8,337,888 B2
`*Dec. 25, 2012
`
`(54) PHARMACEUTICAL FORMULATION
`CONTAINING GELLING AGENT
`
`(75)
`
`Inventors: Curtis Wright, Norwalk, CT (US);
`Benjamin Oshlack, New York, NY
`(US); Christopher Breder, Greenwich,
`CT (US)
`
`(73) Assignee: Purdue Pharma L.P., Stamford, CT
`(US)
`
`( *) Notice:
`
`Subject to any disclaimer, the term of this
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 0 days.
`This patent is subject to a terminal dis-
`claimer.
`
`(21) Appl. No.: 13/349,449
`
`(22) Filed:
`
`Jan.12,2012
`
`(65)
`
`Prior Publication Data
`May 3, 2012
`US 2012/0108622 Al
`
`Related U.S. Application Data
`(63) Continuation of application No. 12/653,115, filed on
`Dec. 8, 2009, now abandoned, which is a continuation
`ofapplicationNo. 10/214,412, filedonAug. 6, 2002,
`now abandoned.
`(60) Provisional application No. 60/310,534, filed on Aug.
`6, 2001.
`
`(51)
`
`Int. Cl.
`A61K 9120
`(2006.01)
`(52) U.S. Cl. ........................................ 424/464; 424/465
`(58) Field of Classification Search ........................ None
`See application file for complete search history.
`
`(56)
`
`References Cited
`
`U.S. PATENT DOCUMENTS
`3,065,143 A
`1111962 Christenson et al.
`5/1964 Loeb eta!.
`3,133,132 A
`3,173,876 A
`3/1965 Zobrist et a!.
`3,260,646 A
`7/1966 Paul sen et al.
`3,276,586 A
`10/1966 Rosaen
`1111970 Strathmann et a!.
`3,541,005 A
`3,541,006 A
`1111970 Bixler eta!.
`3,546,876 A
`12/1970 Fokker eta!.
`3,845,770 A
`1111974 Theeuwes et al.
`3,916,889 A
`1111975 Russell
`9/1976 Shaw eta!.
`3,980,766 A
`4,063,064 A
`12/1977 Saunders et al.
`4,070,494 A
`111978 Hoffmeister et a!.
`4,088,864 A
`5/1978 Theeuwes et al.
`4,160,020 A
`7/1979 Ayer eta!.
`4,175,119 A
`1111979 Porter
`4/1980 Ayer eta!.
`4,200,098 A
`4,285,987 A
`8/1981 Ayer eta!.
`4,293,539 A
`10/1981 Ludwig eta!.
`4,385,057 A
`5/1983 Bjork et al.
`4,389,393 A
`6/1983 Schor eta!.
`4,424,205 A
`111984 LaHann eta!.
`4,457,933 A
`7/1984 Gordon eta!.
`4,459,278 A
`7/1984 Porter
`4,588,580 A
`5/1986 Gale et al.
`
`4,599,342 A
`4,610,870 A
`4,666,705 A
`4,769,372 A
`4,785,000 A
`4,806,341 A
`4,812,446 A
`4,861,598 A
`4,957,681 A
`4,990,341 A
`5,026,556 A
`5,059,600 A
`5,069,909 A
`5,111,942 A
`5,114,942 A
`5,130,311 A
`5,149,538 A
`5,215,758 A
`5,225,199 A
`5,240,711 A
`5,266,331 A
`5,273,758 A
`5,273,760 A
`5,286,493 A
`5,290,816 A
`5,321,012 A
`
`7/1986 LaHann
`9/1986 Jain eta!.
`5/1987 DeCrosta eta!.
`9/1988 Kreek
`1111988 Kreek eta!.
`2/1989 Chien eta!.
`3/1989 Brand
`8/1989 Oshlack
`9/1990 Klimesch et a!.
`2/1991 Goldie eta!.
`6/1991 Drust eta!.
`10/1991 Gawin eta!.
`12/1991 Sharma eta!.
`5/1992 Bernardin
`5/1992 Gawin eta!.
`7/1992 Guillaumet et a!.
`9/1992 Granger et al.
`6/1993 Krishnamurthy
`7/1993 Hidaka et al.
`8/1993 Hille eta!.
`1111993 Oshlack et al.
`12/1993 Royce
`12/1993 Oshlack et al.
`2/1994 Oshlack et al.
`3/1994 Blumberg
`6/1994 Mayer eta!.
`(Continued)
`
`EP
`
`FOREIGN PATENT DOCUMENTS
`0661045
`7/1995
`(Continued)
`
`OTHER PUBLICATIONS
`Remington's Pharmaceutical Sciences (Arthur Osol, ed.) pp. 1553-
`1593 (1980). Ton eta!., British Journal of Pharmacology, vol. 10, pp.
`175-182 (1955).
`U.S.Appl. No.10/214,412: Final OfficeActiondatedJun. 8, 2009 (23
`pages).
`U.S. Appl. No. 10/214,412: Final Office Action dated Mar. 29, 2006
`(19 pages).
`U.S. Appl. No. 10/214,412: Final Office Action dated Oct. 9, 2007
`(18 pages).
`U.S. Appl. No. 10/214,412: Non-Final Office Action dated Feb. 22,
`2008 (15 pages).
`U.S. Appl. No. 10/214,412: Non-Final Office Action dated Jul. 18,
`2005 (13 pages).
`U.S. Appl. No. 10/214,412: Non-Final Office Action dated Jan. 5,
`2007 ( 19 pages).
`
`(Continued)
`
`Primary Examiner- Robert A Wax
`Assistant Examiner- Olga V Tcherkasskaya
`(74) Attorney, Agent, or Firm- Lowenstein Sandler PC
`
`ABSTRACT
`(57)
`Disclosed in certain embodiments is a controlled release oral
`dosage form comprising a therapeutically effective amount of
`a drug susceptible to abuse together with one or more phar-
`maceutically acceptable excipients; the dosage form further
`including a gelling agent in an effective amount to impart a
`viscosity unsuitable for administration selected from the
`group consisting of parenteral and nasal administration to a
`solubilized mixture formed when the dosage form is crushed
`and mixed with from about 0.5 to about 10 ml of an aqueous
`liquid; the dosage form providing a therapeutic effect for at
`least about 12 hours when orally administered to a human
`patient.
`
`24 Claims, No Drawings
`
`KASHIV1004
`IPR of Patent No. 9,492,392
`
`

`

`US 8,337,888 B2
`Page 2
`
`U.S. PATENT DOCUMENTS
`6/1994 Oshlack et a!.
`5,324,351 A
`5,330,766 A
`7/1994 Morella eta!.
`5,356,467 A
`10/1994 Oshlack et a!.
`5,376,705 A
`12/1994 Leys eta!.
`5,403,868 A
`4/1995 Reid et al.
`4/1995 Black eta!.
`5,409,944 A
`5,436,265 A
`7/1995 Black eta!.
`5,472,712 A
`12/1995 Oshlack et a!.
`5,472,943 A
`12/1995 Crain et al.
`12/1995 Ducharme et a!.
`5,474,995 A
`5,500,227 A
`3/1996 Oshlack et a!.
`5,502,058 A
`3/1996 Mayer et al.
`4/1996 Oshlack et a!.
`5,508,042 A
`5,510,368 A
`4/1996 Lau eta!.
`5,514,680 A
`5/1996 Weber et al.
`5,521,213 A
`5/1996 Prasit et al.
`7/1996 Ducharme et a!.
`5,536,752 A
`5,549,912 A
`8/1996 Oshlack et a!.
`5,550,142 A
`8/1996 Ducharme et a!.
`5,552,422 A
`9/1996 Gauthier eta!.
`5,556,838 A
`9/1996 Mayer et al.
`5,580,578 A
`12/1996 Oshlack et a!.
`5,593,994 A
`111997 Batt eta!.
`5,604,253 A
`2/1997 Lau eta!.
`5,604,260 A
`2/1997 Guayet a!.
`5,616,601 A
`4/1997 Khanna eta!.
`5,639,476 A
`6/1997 Oshlack et a!.
`5,639,780 A
`6/1997 Lau eta!.
`5,656,295 A
`8/1997 Oshlack et a!.
`5,672,360 A
`9/1997 Sackler et a!.
`5,679,650 A
`10/1997 Fukunaga eta!.
`5,681,585 A
`10/1997 Oshlack et a!.
`5,695,781 A
`12/1997 Zhang et al.
`5,741,524 A
`4/1998 Staniforth et a!.
`5,762,963 A
`6/1998 Byas-Smith
`5,849,240 A * 12/1998 Miller eta!. .................. 264/460
`5,891,471 A * 4/1999 Miller eta!. .................. 424/468
`4/1999 Blumet al.
`5,891,919 A
`5,965,163 A * 10/1999 Miller eta!. .................. 424/468
`10/1999 Oshlack et a!.
`5,968,551 A
`212000 Oshlack et a!.
`6,024,982 A
`6,143,322 A
`1112000 Sackler et a!.
`6,153,621 A
`1112000 Hamann
`6,162,467 A * 12/2000 Miller eta!. .................. 424/468
`5/2001 Palermo et a!.
`6,228,863 B1
`6,277,398 B1
`8/2001 Caruso
`6,309,668 B1
`10/2001 Bastin eta!.
`6,352,721 B1
`3/2002 Faour
`6,375,957 B1 * 4/2002 Kaiko et al . .................. 424/400
`7/2002 Chu
`6,419,954 B1
`8/2002 Hsia et al.
`6,440,464 B1
`6,488,963 B1
`12/2002 McGinity
`12/2002 Faour eta!.
`6,491,949 B2
`6,559,159 B2
`5/2003 Carroll eta!.
`6,572,885 B2
`6/2003 Oshlack et a!.
`6,593,367 B1
`7/2003 Dewey et al.
`9/2003 Palermo et a!.
`6,627,635 B2
`6,696,088 B2
`2/2004 Oshlack et a!.
`7,201,920 B2
`4/2007 Kumar et al.
`7,776,314 B2
`8/2010 Bartholornaus
`7,842,307 B2 * 1112010 Oshlack et a!.
`............... 424/450
`8,075,872 B2
`12/2011 Arkenau-Maric
`8,114,383 B2
`212012 Barthalomaus
`8,114,384 B2
`212012 Arkenau
`8,192,722 B2
`6/2012 Arkenau-Maric
`2003/0004177 A1 *
`112003 Kao eta!.
`2003/0026838 A1
`2/2003 Farrell
`2003/0059471 A1
`3/2003 Compton et al.
`2003/0064099 A1
`4/2003 Oshlack et a!.
`2003/0064122 A1
`4/2003 Goldberg et a!.
`2003/0068276 A1
`4/2003 Hughes eta!.
`2003/0068370 A1
`4/2003 Sackler
`2003/0068375 A1 * 4/2003 Wright eta!. ................. 424/468
`2003/0068392 A1
`4/2003 Sackler
`7/2003 Roberts
`2003/0124061 A1
`2003/0124185 A1
`7/2003 Oshlack et a!.
`2003/0125347 A1
`7/2003 Anderson et a!.
`2003/0126428 A1
`7/2003 Liu eta!.
`
`514/282
`
`. ............... 424/472
`
`EP
`JP wo
`wo
`wo
`wo
`wo
`wo
`wo
`wo
`wo
`wo
`wo
`
`9/2003 Midha
`2003/0170181 A1
`12/2003 Doshi eta!.
`2003/0232081 A1
`7/2004 Hughes eta!.
`2004/0126428 A1
`7/2004 oehm
`2004/0131552 A1
`2004/0151791 A1
`8/2004 Mayo-Alvarez et al.
`1112004 Chang eta!.
`2004/0228802 A1
`2004/0253310 A1 *
`12/2004 Fischer et al.
`112005 Boehm et al.
`2005/0020613 A1
`3/2005 Wright et a!.
`2005/0063909 A1
`5/2005 Hwang eta!.
`2005/0106249 A1
`5/2005 Kumar eta!.
`2005/0112067 A1
`7/2005 Anderson et a!.
`2005/0163717 A1
`8/2005 Bartholomaus
`2005/0186139 A1
`9/2005 Bartholomaeus et a!.
`2005/0214223 A1
`10/2005 Arkenau
`2005/0236741 A1
`112006 Bartholomaus
`2006/0002860 A1
`112006 Preston eta!.
`2006/0018837 A1
`2/2006 Bartholomaus
`2006/0039864 A1
`2006/0165790 A1 *
`7/2006 Walden eta!. ................ 424/468
`2006/0188447 A1
`8/2006 Arkenau-Maric
`2006/0193782 A1
`8/2006 Bartholomaus
`112007 Arkenau-Maric
`2007/0003616 A1
`2007/0003617 A1 *
`112007 Fischer et al.
`. ............... 424/468
`7/2007 Kumar eta!.
`2007/0166234 A1
`1112007 Kumar eta!.
`2007/0264327 A1
`2008/0063725 A1 *
`3/2008 Guimberteau eta!. ....... 424/492
`2008/0254123 A1 *
`10/2008 Fischer et al ................. 424/486
`2008/0260815 A1 *
`10/2008 Hayes et al ................... 424/455
`FOREIGN PATENT DOCUMENTS
`1293195 A1
`3/2003
`01236298 A
`9/1989
`8/1995
`W0-95/20947 A1
`W0-99/32119 A1
`7/1999
`W0-01158447 A1
`8/2001
`W0-02/094254 A2
`1112002
`W0-03/015531 A2
`2/2003
`W0-03/026743 A2
`4/2003
`W0-03/092676 A1
`1112003
`W0-2004/026256 A2
`112004
`W0-2004/026283 A1
`4/2004
`W0-2004/037259 A1
`5/2004
`W0-2005/053587 A1
`6/2005
`OTHER PUBLICATIONS
`U.S. Appl. No. 10/214,412: Non-Final Office Action dated Nov. 1,
`2004 ( 17 pages).
`U.S. Appl. No. 12/262,015: Final Office Action dated Mar. 31, 2010
`(32 pages).
`U.S. Appl. No. 12/262,015: Non-Final Office Action dated Apr. 28,
`2009 (20 pages).
`Office Action mailed Sep. 11, 2007 in U.S. Appl. No. 111136,636 of
`Emigh eta!.
`Office Action mailed Jun. 14, 2007 in U.S. Appl. No. 111136,636 of
`Emigh eta!.
`Office Action mailed Jan. 23, 2007 in U.S. Appl. No. 111136,636 of
`Emigh eta!.
`Office Action mailed Oct. 30, 2006 in U.S. Appl. No. 111136,636 of
`Emigh eta!.
`Wells, Mickey L, and Eugene L. Parrott. 1992. Effect of Anionic
`Surfactants on the Release of Chlorpheniramine Maleate from an
`Inert, Heterogeneous Matrix. Drug Development and Industrial
`Pharmacy 18(2):175-186.
`Rao, B. Sreenivasa and K.V. Ramana Murthy. 2000. Effect of Sodium
`Laury! Sulfate on the Release of Rifampicin from Guar Gum Matrix.
`Indian Journal of Pharmaceutical Science:404-406.
`Matschiner et a!. 1995. Characterization of Ion Pair Formation
`Between Erythromycin and Lipophilic Counter Ions. Pharmazie
`50:462-464.
`Paragraph IV Patent Certification Notice for ANDA 202434 (2011).
`Paragraph IV Patent Certification Notice for ANDA 203235 (2011).
`Paragraph IV Patent Certification Notice for ANDA 202372 (2011).
`Paragraph IV Patent Certification Notice for ANDA 202483 (2011).
`Paragraph IV Patent Certification Notice for ANDA 202762 (2011).
`Paragraph IV Patent Certification Notice for Amendment to ANDA
`202762 (20 11 ).
`
`KASHIV1004
`IPR of Patent No. 9,492,392
`
`

`

`US 8,337,888 B2
`Page 3
`
`Paragraph IV Patent Certification Notice for ANDA 202455 (20ll).
`Paragraph IV Patent Certification Notice for ANDA 202352 (20ll).
`Woodburn, K.R., et al., "Vascular Complications of Injecting Drug
`Misuse", British Journal of Surgery, 1996, vol. 83, p. 1329-1334.
`Kim, C., "Drug Release from Compressed Hydrophilic POLYOX-
`WSR Tablets", Journal of Pharmaceutical Sciences, vol. 84, No.3,
`Mar. 1995, p. 303-306.
`Apicella, A., "Poly( ethylene oxide) (PEO) and Different Molecular
`Weight PEO Blends Monolithic Devices for Drug Release",
`Biomaterials, vol. 14, No.2, 1993, p. 83-90.
`
`Deighan, C.J., et a!., "Rhabdomyolysis and Acute Renal Failure
`Resulting From Alcohol and Drug Abuse", QJ Med, vol. 93,2000, p.
`29-33.
`Kalant, H., eta!., "Death in Amphetamine Users: Causes and Rates",
`CMA Journal, vol. 112, Feb. 8, 1975, p. 299-304.
`U.S. Pharmacopeia, p. 2206, 1995.
`U.S. Appl. No. 12/262,015-Non-Final Rejection dated Feb. 29,
`2012.
`U.S. Appl. No. 12/262,0 15-Response/ Amendment dated Aug. 29,
`2012.
`* cited by examiner
`
`KASHIV1004
`IPR of Patent No. 9,492,392
`
`

`

`US 8,337,888 B2
`
`1
`PHARMACEUTICAL FORMULATION
`CONTAINING GELLING AGENT
`
`RELATED APPLICATIONS
`
`This application is a continuation of U.S. patent applica-
`tion Ser. No. 12/653,115, filed Dec. 8, 2009, which is a
`continuation of U.S. patent application Ser. No. 10/214,412,
`filed Aug. 6, 2002, which claims the benefit of U.S. Provi-
`sional Application No. 60/310,534, filed Aug. 6, 2001. The
`contents of these applications are hereby incorporated by
`reference in their entirety.
`
`2
`U.S. Pat. No. 3,980,766 to Shaw eta!., is related to drugs
`which are suitable for therapy in the treatment of narcotic
`drug addiction by oral use, e.g., methadone, formulated to
`prevent injection abuse through concentration of the active
`component in aqueous solution by incorporating in a solid
`dosage or tablet torr of such drug an ingestible solid having
`thickening properties which cause rapid increase in viscosity
`upon concentration of an aqueous solution thereof.
`However, there still exists a need for a safe and effective
`10 treatment of pain with opioid analgesic dosage forms which
`are less subject to abuse than current therapies.
`All documents cited herein, including the foregoing, art
`incorporated by reference in their entireties for all purposes.
`
`BACKGROUND OF THE INVENTION
`
`15
`
`OBJECTS AND SUMMARY OF THE
`INVENTION
`
`Opioid analgesics are sometimes the subject of abuse.
`Typically, a particular dose of an opioid analgesic is more
`potent when administered parenterally as compared to the
`same dose administered orally. Therefore, one popular mode 20
`of abuse of oral opioid formulations involves the extraction of
`the opioid from the dosage form, and the subsequent injection
`of the opioid (using any "suitable" vehicle for injection) in
`order to achieve a "high." Also, some formulations can be
`tampered with in order to provide the opioid agonist con- 25
`tained therein better available for illicit use. For example, a
`controlled release opioid agonist formulation can be crushed
`in order to provide the opioid contained therein available for
`immediate release upon oral or nasal administration. An
`opioid formulation can also be abusable by administration of 30
`more than the prescribed dose of the drug.
`Opioid antagonists have been combined with certain
`opioid agonists in order to deter the parenteral abuse of opioid
`agonists. In the prior art, the combination of immediate
`release pentazocine and naloxone has been utilized in tablets 35
`available in the United States, commercially available as
`Talwin®Nx from Sanofi-Winthrop. Talwin®Nx contains
`immediate release pentazocine hydrochloride equivalent to
`50 mg base and naloxone hydrochloride equivalent to 0.5 mg
`base. A fixed combination therapy comprising tilidine (50 40
`mg) and naloxone ( 4 mg) has been available in Germany for
`the management of pain since 1978 (Valoron®N, Goedecke).
`A fixed combination of buprenorphine and naloxone was
`in New Zealand (Temgesic®Nx,
`introduced in 1991
`Reckitt & Colman) for the treatment of pain.
`Purdue Pharma EP currently markets sustained-release
`oxycodone in dosage forms containing 10, 20, 40, and 80 mg
`oxycodone hydrochloride under the tradename OxyContin.
`U.S. Pat. Nos. 5,266,331; 5,508,042; 5,549,912 and 5,656,
`295 disclose sustained release oxycodone formulations.
`U.S. Pat. Nos. 4,769,372 and 4,785,000 to Kreek describe
`methods of treating patients suffering from chronic pain or
`chronic cough without provoking intestinal dysmotility by
`administering 1 to 2 dosage units comprising from about 1.5
`to about 100 mg of opioid analgesic or antitussive and from 55
`about 1 to about 18 mg of an opioid antagonist having little to
`no systemic antagonist activity when administered orally,
`from 1 to 5 times daily.
`U.S. Pat. No. 6,228,863 to Palermo eta!. describes com-
`positions and methods of preventing abuse of opioid dosage 60
`forms.
`WO 99/32119 to Kaiko eta!. describes compositions and
`methods of preventing abuse of opioid dosage forms.
`U.S. Pat. No. 5,472,943 to Crain eta!. describes methods of
`enhancing the analgesic potency of bimodally acting opioid 65
`agonists by administering the agonist with an opioid antago-
`nist.
`
`It is an object of certain embodiments of the invention to
`provide an oral dosage form of an opioid analgesic which is
`subject to less parenteral abuse than other dosage forms.
`It is an object of certain embodiments of the invention to
`provide an oral dosage form of an opioid analgesic which is
`subject to less intranasal abuse than other dosage forms.
`It is an object of certain embodiments of the invention to
`provide an oral dosage form of an opioid analgesic which is
`subject to less oral abuse than other dosage forms.
`It is a further object of certain embodiments of the inven-
`tion to provide an oral dosage form of an opioid analgesic
`which is subject to less diversion than other dosage forms.
`It is a further object of certain embodiments of the inven-
`tion to provide a method of treating pain in human patients
`with an oral dosage form of an opioid analgesic while reduc-
`ing the abuse potential of the dosage form.
`It is a further object of certain embodiments of the inven-
`tion to provide a method of manufacturing an oral dosage
`form of an opioid analgesic such that it has less abuse poten-
`tial.
`These objects and others are achieved by the present inven-
`tion, which is directed in part to an oral dosage form com-
`prising an opioid analgesic; and at least one aversive agent for
`reducing the abuse of the opioid analgesic.
`In certain embodiments of the present invention, the oral
`dosage forms of the present invention comprising an opioid
`analgesic; and an aversive agent or agents as a component(s)
`45 of the dosage form helps to prevent injection, inhalation,
`and/or oral abuse by decreasing the "attractiveness" of the
`dosage form to a potential abuser.
`In certain embodiments of the present invention, the dos-
`age form comprises an aversive agent such as a bittering agent
`50 to discourage an abuser from tampering with the dosage form
`and thereafter inhaling or swallowing the tampered dosage
`form. Preferably, the bittering agent is released when the
`dosage form is tampered with and provides an unpleasant
`taste to the abuser upon inhalation and/or swallowing of the
`tampered dosage form.
`In certain embodiments of the present invention, the dos-
`age form comprises an aversive agent such as an irritant to
`discourage an abuser from tampering with the dosage form
`and thereafter inhaling, injecting, or swallowing the tampered
`dosage form. Preferably, the irritant is released when the
`dosage form is tampered with and provides a burning or
`irritating effect to the abuser upon inhalation, injection, and/
`or swallowing of the tampered dosage form.
`In certain embodiments of the present invention, the dos-
`age form comprises an aversive agent such as a gelling agent
`to discourage an abuser from tampering with the dosage form
`and thereafter inhaling, injecting, and/or swallowing the tam-
`
`KASHIV1004
`IPR of Patent No. 9,492,392
`
`

`

`US 8,337,888 B2
`
`3
`pered dosage form. Preferably, the gelling agent is released
`when the dosage form is tampered with and provides a gel-
`like quality to the tampered dosage form which slows the
`absorption of the opioid analgesic such that an abuser is less
`likely to obtain a rapid "high". In certain preferred embodi-
`ments, when the dosage form is tampered with and exposed to
`a small amount (e.g., less than about 10 ml) of an aqueous
`liquid (e.g., water), the dosage form will be unsuitable for
`injection and/or inhalation. Upon the addition of the aqueous
`liquid, the tampered dosage form preferably becomes thick
`and viscous, rendering it unsuitable for injection. The term
`"unsuitable for injection" is defined for purposes of the
`present invention to mean that one would have substantial
`difficulty injecting the dosage form (e.g., due to pain upon 15
`administration or difficulty pushing the dosage form through
`a syringe) due to the viscosity imparted on the dosage form,
`thereby reducing the potential for abuse of the opioid analge-
`sic in the dosage form. In certain embodiments, the gelling
`agent is present in such an amount in the dosage form that
`attempts at evaporation (by the application of heat) to an
`aqueous mixture of the dosage form in an effort to produce a
`higher concentration of the therapeutic agent, produces a
`highly viscous substance unsuitable for injection.
`When nasally inhaling the tampered dosage form, the gel-
`ling agent can become gel like upon administration to the
`nasal passages due to the moisture of the mucous membranes.
`This also makes such formulations aversive to nasal admin-
`istration, as the gel will stick to the nasal passage and mini-
`mize absorption of the abusable substance. In certain embodi- 30
`ments of the present invention, the dosage form comprises a
`combination of any or all of the aforementioned aversive
`agents (e.g., a bittering agent, an irritant, and/or a gelling
`agent) to discourage an abuser from tampering with the dos-
`age form and thereafter inhaling, injecting, and/or swallow- 35
`ing the tampered dosage form.
`Embodiments specifically contemplated include bittering
`agent; gelling agent; irritant; bittering agent and gelling
`agent; bittering agent and irritant; gelling agent and irritant;
`and bittering agent and gelling agent and irritant.
`In certain preferred embodiments, the dosage forms are
`controlled release oral dosage forms comprising a therapeu-
`tically effective amount of an opioid analgesic with one or
`more of the aversive agents described above such that the
`dosage form provides effective pain relief for at least about 12 45
`hours, or at least about 24 hours when orally administered to
`a human patient.
`In certain embodiments of the present invention the aver-
`sive agent present in the dosage form is present in a substan-
`tially non-releasable form (i.e., "sequestered") when the dos- 50
`age form is administered intact as directed. Preferably,
`because the aversive agent is present in the dosage form in a
`substantially non-releasable form, it is not substantially
`released in the gastrointestinal tract when the dosage form is
`orally administered intact.
`In other embodiments, the aversive agent may not be
`"sequestered" as disclosed above wherein the aversive agent
`is not released or minimally released from an intact dosage
`form, but may have a modified or sustained release so as not
`to dump the aversive agent in a particular section of the 60
`gastrointestinal tract, e.g. the stomach, where it may cause an
`unwanted effect such as excessive irritation. The aversive
`agent can be combined with an enteric carrier to delay its
`release or combined with a carrier to provide a sustained
`release of the aversive agent. However, it is contemplated in 65
`the present invention that the aversive agent will preferably
`not have any significant side effect (e.g., gastrointestinal side
`
`4
`effect) even if all of the aversive agent is immediately released
`upon oral administration of an intact dosage form as directed.
`The aversive agent(s) can also be in the dosage form in
`releasable form and non-releasable form in any combination.
`For example, a dosage form can have a bittering agent, irri-
`tant, gel or combination thereof in releasable form and non-
`releasable form as disclosed in U.S. Application entitled
`"Pharmaceutical Formulations Containing Opioid Agonist,
`Releasable Antagonist, and Sequestered Antagonist" filed
`10 Aug. 6, 2002, the disclosure of which is hereby incorporated
`by reference in its entirety.
`The term "aversive agent" is defined for purposes of the
`present invention to mean a bittering agent, an irritant, a
`gelling agent, or combinations thereof.
`The term "tampered dosage form" is defined for purposes
`of the present invention to mean that the dosage form has been
`manipulated by mechanical, thermal, and/or chemical means
`which changes the physical properties of the dosage form,
`e.g., to liberate the opioid agonist for immediate release if it is
`20 in sustained release form, or to make the opioid agonist avail-
`able for inappropriate use such as administration by an alter-
`nate route, e.g., parenterally. The tampering can be, e.g., by
`means of crushing, shearing, grinding, chewing, dissolution
`in a solvent, heating, (e.g., greater than about 45° C.), or any
`25 combination thereof.
`The term "substantially non-releasable form" for purposes
`of the present invention refers to an aversive agent that is not
`released or substantially not released at one hour after the
`intact dosage form containing an opioid agonist and at least
`one aversive agent is orally administered (i.e., without having
`been tampered with). The aversive agent in a substantially
`non-releasable form may be prepared in accordance with the
`teachings of U.S. application Ser. No. 09/781,081, entitled
`"Tamper Resistant Oral Opioid Agonist Formulations" filed
`Feb. 8, 2001, the disclosure of which is hereby incorporated
`by reference in its entirety, which describes a dosage form
`comprising an opioid antagonist in a substantially non-releas-
`able form. For purposes of the present invention, the amount
`released after oral administration of the intact dosage form
`40 may be measured in-vitro via the dissolution at 1 hour of the
`dosage form in 900 ml of Simulated Gastric Fluid using a
`USP Type II (paddle) apparatus at 75 rpm at 37° C. Such a
`dosage form is also referred to as comprising a "sequestered
`aversive agent" depending on the agent or agents which are
`not released or substantially not released. In certain preferred
`embodiments of the invention, the substantially non-releas-
`able form of the aversive agent is resistant to laxatives (e.g.,
`mineral oil) used to manage delayed colonic transit and resis-
`tant to achlorhydric states. Preferably, the aversive agent is
`not released or not substantially released 4, 8, 12 and/or 24
`hours after oral administration.
`The phrase "analgesic effectiveness" is defined for pur-
`poses of the present invention as a satisfactory reduction in or
`elimination of pain, along with a tolerable level of side
`55 effects, as determined by the human patient.
`The term "sustained release" is defined for purposes of the
`present invention as the release of the opioid analgesic from
`the oral dosage form at such a rate that blood (e.g., plasma)
`concentrations (levels) are maintained within the therapeutic
`range but below toxic levels over an extended period of time,
`e.g., from about 12 to about 24 hours as compared to an
`immediate release product. Preferably the sustained release is
`sufficient to provide a twice-a-day or a once-a-day formula-
`tion.
`The term "particles" of aversive agent, as used herein,
`refers to granules, spheroids, beads or pellets comprising the
`aversive agent. In certain preferred embodiments, the aver-
`
`KASHIV1004
`IPR of Patent No. 9,492,392
`
`

`

`5
`sive agent particles are about 0.2 to about 2 mm in diameter,
`more preferably about 0.5 to about 2 mm in diameter.
`The term "parenterally" as used herein includes subcuta-
`neous injections, intravenous injections, intramuscular injec-
`tions, intrastemal injections, infusion techniques, or other
`methods of injection known in the art.
`The term "inhaled" as used herein includes trans-mucosal,
`trans-bronchial, and trans-nasal abuse.
`The term "bittering agent" as used herein includes a com-
`pound used to impart a bitter taste, bitter flavor, etc., to an
`abuser administering a tampered dosage form of the present
`invention.
`The term "irritant" as used herein includes a compound
`used to impart an irritating or burning sensation to an abuser
`administering a tampered dosage form of the present inven-
`tion.
`The term "gelling agent" as used herein includes a com-
`pound or composition used to impart gel-like or thickening
`quality to a tampered dosage form upon the addition of mois-
`ture or liquid.
`
`DETAILED DESCRIPTION OF THE INVENTION
`
`The aversive agents of the present invention are preferably
`for use in connection with oral dosage forms including opioid
`analgesics, which provide valuable analgesia but which may
`be abused. This is particularly true for controlled release
`opioid analgesic products which have a large dose of opioid
`analgesic intended to be released over a period of time in each
`dosage unit. Drug abusers typically may take a controlled-
`release product and crush, shear, grind, chew, dissolve and/or
`heat, extract or otherwise damage the product so that the full
`contents of the dosage form become available for immediate
`absorption by injection, inhalation, and/or oral consumption.
`In certain embodiments, the present invention comprises a
`method for preventing or deterring the abuse of opioid anal-
`gesics by the inclusion of at least one aversive agent in the
`dosage form with the opioid analgesic.
`In certain alternative embodiments, the present invention
`comprises a method for preventing or deterring the abuse of
`drugs other than opioid analgesics which may also be the
`subject of abuse, by including at least one of the aversive
`agents described herein in a dosage form comprising the drug 45
`other than an opioid analgesic which is the subject of abuse.
`In certain embodiments of the present invention wherein
`the dosage form includes an aversive agent comprising a
`bittering agent, various bittering agents can be employed
`including, for example and without limitation, natural, artifi- 50
`cia! and synthetic flavor oils and flavoring aromatics and/or
`oils, oleoresins and extracts derived from plants, leaves, flow-
`ers, fruits, and so forth, and combinations thereof. Nonlimit-
`ing representative flavor oils include spearmint oil, pepper-
`mint oil, eucalyptus oil, oil of nutmeg, allspice, mace, oil of 55
`bitter almonds, menthol and the like. Useful bittering agents
`can be artificial, natural and synthetic fruit flavors such as
`citrus oils including lemon, orange, lime, grapefruit, and fruit
`essences and so forth. Additional bittering agents include
`sucrose derivatives (e.g., sucrose octaacetate ), chlorosucrose 60
`derivatives, quinine sulphate, and the like. The preferred bit-
`tering agent for use in the present invention is Denatonium
`Benzoate NF-Anhydrous, sold under the name Bitrex™
`(Macfarlan Smith Limited, Edinburgh, UK).
`With the inclusion of a bittering agent in the formulation, 65
`the intake of the tampered dosage form produces a bitter taste
`upon inhalation or oral administration which in certain
`
`US 8,337,888 B2
`
`6
`embodiments spoils or hinders the pleasure of obtaining a
`high from the tampered dosage form, and preferably prevents
`the abuse of the dosage form.
`A bittering agent may be added to the formulation in an
`amount ofless than about 50% by weight preferably less than
`about 10% by weight, most preferably less than about 5% by
`weight of the dosage form, and most preferably in an amount
`ranging from about 0.1 to 1.0 percent by weight of the dosage
`form, depending on the particular bittering agent(s) used. A
`10 dosage form including a bittering agent preferably discour-
`ages improper usage of the tampered dosage form by impart-
`ing a disagreeable taste or flavor to the tampered dosage form.
`In certain embodiments of the present invention wherein
`the dosage form includes an aversive agent comprising an
`15 irritant, various irritants can be employed including, for
`example and without limitation capsaicin, a capsaicin analog
`with similar type properties as capsaicin, and the like. Some
`capsaicin analogues or derivatives include for example and
`without limitation, resiniferatoxin, tinyatoxin, heptanoyl-
`20 isobutylamide, heptanoyl guaiacylamide, other isobutyla-
`mides or guaiacylamides, dihydrocapsaicin, homovanillyl
`octylester, nonanoyl vanillylamide, or other compounds of
`the class known as vanilloids. Resiniferatoxin is described,
`for example, in U.S. Pat. No. 5,290,816 (Blumberg), issued
`25 Mar. 1, 1994. U.S. Pat. No. 4,812,446 (Brand), issued Mar.
`14, 1989, describes capsaicin analogs and methods for their
`preparation. Further, U.S. Pat. No. 4,424,205 (LaHann eta!.),
`issued Jan. 3, 1984, cite Newman, "Natural and Synthetic
`Pepper-Flavored Substances" published in 1954 as listing
`30 pungency of capsaicin-like analogs. Ton eta!., British Journal
`of Pharmacology, 10, pp. 175-182 (1955) discuss pharmaco-
`logical actions of capsaicin and its analogs.
`With the inclusion of an irritant (e.g., capsaicin) in the
`dosage form, when the dosage form is tampered with, the
`35 capsaicin imparts a

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