throbber
Acc. Chem. Res. 1995,28, 193-200
`Disappearing Polymorphs
`
`193
`
`JACK D. DUNITZ*>~ AND JOEL BERNSTEIN*>#
`Organic Chemistry Laboratory, Swiss Federal Institute of Technology, ETH-Zentrum, CH 8092 Zurich, Switzerland,
`and Department of Chemistry, Ben-Gurion University of the Negev, Beer Sheva, Israel 84965
`
`Received November 1, 1994
`
`Introduction
`When a compound exhibits polymorphism-the ex-
`istence of more than one crystal structure-it may be
`important to obtain a particular polymorph under
`controlled and reproducible conditions. However, this
`is not always easy to achieve. Tales of difficulties in
`obtaining crystals of a particular known form or in
`reproducing results from another laboratory (or even
`from one’s own!) abound. Indeed, there are cases
`where it was difficult to obtain a given polymorphic
`form even though this had previously been obtained
`routinely over long time periods. Several monographs
`contain explicit or passing references to these prob-
`lems,l but much of this lore has gone undocumented,
`especially in the last 30 years or so. In this Account
`we present and discuss old and new examples.
`Crystallization is a process taken for granted by
`most practicing chemists; the majority of the tech-
`niques were developed long ago and are described in
`all standard laboratory textbooks. It is the standard
`method for purifying solid compounds, and chemists
`generally believe that they can control the process, at
`least when it yields the desired product. What is
`disturbing about the phenomenon of disappearing or
`elusive polymorphs is the apparent loss of control over
`the process: we did the experiment last week and got
`this result, and now we cannot repeat it! This kind
`of statement can lead to raised eyebrows or even to
`outspoken expressions of disbelief. We have ourselves
`experienced the frustration of not being able to
`reproduce an experimental result that was undoubt-
`edly obtained earlier.
`
`Crystallization: Nucleation and Growth
`The process of crystallization of a compound from
`solution or from the melt is poorly understood. At
`least two stages must be distinguished: the formation
`of a critical nucleus and its subsequent growth. The
`first step is decisive in that it can be regarded as being
`associated with a free energy of activation and is
`therefore rate limiting. Under suitable conditions,
`that step may be delayed almost indefinitely. For
`
`Jack D. Dunitz was born in Glasgow, Scotland, in 1923 and studied chemistry at
`Glasgow University. Following a decade of postdoctoral studies at Oxford, Caltech,
`NIH, and the Royal Institution, London, he moved to the ETH in Zurich as professor
`of chemical crystallography, a post he held until his retirement in 1990. He is the
`author of X-Ray Analysis and the Structure of Organic Molecules (1979) and (with
`E. Heilbronner) Reflections on Symmetry in Chemist ry.... and Nsewhere (1993).
`Joel Bernstein was born in Cleveland, OH, in 1941. He received his B.A. in
`chemistry from Cornell University in 1962 and Ph.D. in physical chemist
`from Yale
`in 1967. Following postdoctoral stints in chemical crystallography at UrLA with K.
`N. Trueblood and organic solid state chemistry at the Weizmann Institute with G. M.
`J. Schmidt he moved to the Ben-Gurion University of the Negev in Beer Sheva
`Israel, where he is now professor of chemistry. His research interests include a
`variety of aspects of the chemistry of the organic solid state, including polymorphism,
`structurGactivity relationships, hydrogen bonding, and organic conductors.
`0001-4842/95/0128-0193$09.00/0
`
`instance, Faraday2 observed that molten sulfur in a
`flask cooled to room temperature did not entirely
`solidify. When a drop of the fluid material was
`touched, it immediately crystallized; untouched, some
`drops were retained for a week in the fluid state.
`Faraday noted that this supercooled state of sulfur is
`analogous to that of water cooled below its freezing
`point, although the temperature difference is much
`greater (the freezing point of sulfur is 119 “C); De
`Coppet found that samples of salol (phenyl salicylate)
`could be kept in the liquid state at room temperature
`for periods of several years.3 When nucleation is
`rapid, the formation of many nuclei leads to many
`crystals, whereas slow nucleation tends to produce a
`smaller number of larger crystals. Of course, stirring,
`shaking, or other disturbances of the liquid phase
`during the crystallization process can affect the out-
`come.
`A striking case where nucleation was decisive in
`determining the result of a crystallization experi-
`ment has been described r e ~ e n t l y . ~ Sodium chlorate
`(NaC103) crystallizes in the chiral space group P213;
`that is to say, individual crystals of this substance may
`occur in enantiomorphic forms. Normally, crystal-
`lization from solution produces the enantiomorphs in
`roughly equal numbers. Kondepudi, Kaufman, and
`Singh5 found, however, that stirring an aqueous
`solution of this substance leads to a predominance of
`* Correspondence may be directed to either author.
`+ ETH.
`Ben-Gurion University.
`(1) Buckley, H. E. Crystal Growth; Wiley: New York, 1951. Tipson,
`R. S. Crystallization and Recrystallization. In Technique of Organic
`Chemistry; Weissberger, A., Ed.; Interscience Publishers, Inc.: New York,
`1956; Volume 111, Part I, Chapter 111, pp 395-562. Holden, A,; Singer,
`P. Crystals and Crystal Growing; Doubleday: New York, 1960.
`(2) Faraday, M . Experimental Researches in Chemistry and Physics;
`Taylor and Francis: London, 1853; p 212. On the following page, Faraday
`apologized for not having acknowledged observations along similar lines
`made earlier (in 1813) by M. Bellani: “I very hlly join in the regret ... that
`scientific men do not know more perfectly what has been done, or what
`their companions are doing; but I am afraid the misfortune is inevitable.
`It is certainly impossible for any person who wishes to spend a portion
`of his time to chemical experiment, to read all the books and papers
`that are published in connection with his pursuit; their number is
`immense, and the labour of winnowing out the few experimental and
`theoretical truths which in many of them are embarrassed by a very
`large proportion of uninteresting matter, of imagination, and of error,
`is such, that most persons who try the experiment are quickly induced
`to make a selection in their reading, and thus, inadvertently, at times,
`pass by what is really good.” Since Faraday’s times, these difficulties
`have multiplied out of all proportion, but we may still use his words to
`apologize to any scientists whose works we may similarly have over-
`looked.
`(3) De Coppet, M . L.-C.Ann. Chim. Phys. 1907,10,457. “La surfusion
`dure donc depuis bientBt 6 ans.” In another experiment, de Coppet
`reported that a sample of sodium sulfate, supersaturated with respect
`to the decahydrate, had still not crystallized aRer 25 years. In general,
`the higher the temperature to which the liquid was raised and the longer
`the time it was held at high temperature, the more resistant the liquid
`was to crystallization. Heating a liquid destroys residual order.
`(4) McBride, J. M.; Carter, R. L. Angew. Chem. 1991,103,298; Angew.
`Chem., Int. Ed. Engl. 1991,30, 293.
`(5) Kondepudi, D. K.; Kaufman, R. J; Singh, N. Science 1990, 250,
`975.
`0 1995 American Chemical Society
`
`Merck Exhibit 2168, Page 1
`Mylan Pharmaceuticals Inc. v. Merck Sharp & Dohme Corp.
`IPR2020-00040
`
`

`

`194 Ace. Chem. Res., Vol. 28, No. 4, 1995
`crystals of one handedness, sometimes right, some-
`times left, but not depending on the direction of
`stirring. In checking this result, McBride and Carter4
`showed by video recording that a single nucleation
`event can produce almost all of the crystals formed:
`“...Crystals begin nucleating at random, but the first
`crystal to be struck by the stirrer clones hundreds or
`thousands of new nuclei. Growth of so many nuclei
`soon lowers the concentration of the solute below the
`threshold for spontaneous formation of primary nuclei,
`so that there is no way to begin crystallization of the
`enantiomer.”
`
`Seeding
`One way of influencing the crystallization process
`is by seeding, and here we need to differentiate
`between what we may term intentional and uninten-
`tional seeding.
`Intentional seeding is a common
`practice among chemists who wish to coax crystalliza-
`tion of a compound from solution or from the melt;
`small crystals or crystallites of the desired material
`(seeds) are added to the system. In this way, the rate-
`limiting nucleation step, which may be extremely slow,
`is circumvented. For this method to be applied, it is
`of course necessary that a sample of the crystalline
`material is available; that is, the compound must have
`been already crystallized in a previous experiment.
`When polymorphic forms of a substance are known
`to occur, intentional seeding with one of the poly-
`morphs is a useful and often the most successful way
`of preferentially producing it rather than the other.
`Seeding may also occur if small amounts of the
`crystalline material are present as contaminants:
`unintentional seeding.6 Unintentional seeding is often
`invoked as an explanation of phenomena which oth-
`erwise are difficult to interpret. We shall argue in
`favor of this explanation, although there is no con-
`sensus about the size and range of activity of such
`seeds, which have never actually been directly ob-
`~ e r v e d . ~ Estimates of the size of a critical nucleus
`range from a few tens of molecules to a few million
`molecules.6 With a size of about a million molecules,
`even a speck
`g) of a compound of molecular
`weight 100 contains approximately 10l6 molecules,
`sufficient to make 1O1O such nuclei. One can think of
`local seeding, where the contamination may apply to
`the experimentalist’s clothing, a portion of a room, an
`entire room, a building, or even, with increasing
`degrees of implausibility, to a district, a town, a
`country, a continent, and so on. In the limit we have
`what has been proposed as universal seeding (plan-
`etary seeding would be a more accurate expression),
`where the whole planet is assumed to be contami-
`nated.g A seed that promotes formation of a crystal-
`lization nucleus need not necessarily be composed of
`the same molecules as the compound that is to be
`crystallized. Specks of dust, smoke particles, and
`other small foreign bodies can act as seeds in promot-
`
`(6) It is well-known that it is oRen difficult to crystallize a newly
`synthesized compound. Subsequent crystallizations may be easier,
`because of the presence of suitable seeds.
`(7) Chemists and physicists have long become accustomed to postulat-
`ing models as explanations for phenomena that cannot be directly
`observed. The existence of atoms is perhaps the classic example.
`(8) Mullin, J. W. Crystdizution, 3rd ed.; Buttenvorth-Heineman
`Ltd.: Oxford,1993; pp 182-185.
`(9) The claim for “universal seeding”, taken literally, is obviously
`absurd. After all, the universe is estimated to contain about a millimole
`of stars, so one seed per star (per solar systemknot much-would need
`about 100 kg of the compound in question (MW = 100).
`
`Dunitz and Bernstein
`ing crystallization, which is the reason laboratory
`chemists often scratch the walls of a glass vessel with
`a glass rod to encourage a solute to crystallize.1°
`Polymorphism
`We have mentioned the phenomenon of polymor-
`phism, which is commonly understood as connoting
`the ability of a compound (or of an element) to
`crystallize in more than one distinct crystal structure.
`According to McCrone,’l “A polymorph is a solid
`crystalline phase of a given compound resulting from
`the possibility of at least two different arrangements
`of the molecules of that compound in the solid state.”
`Because polymorphs have different structures, they
`may differ greatly in density, hardness, solubility, and
`optical and electrical properties; e.g., diamond and
`graphite are two polymorphic forms (allotropes) of
`carbon. Many compounds are known to crystallize in
`polymorphic forms. In the inorganic and mineralogi-
`cal fields, these sometimes have different names, e.g.,
`ZnS, wurtzite and sphalerite; CaC03, calcite, arago-
`nite, and vaterite; TiO2, rutile, brookite, and anatase;
`but, more generally, different polymorphic forms are
`denoted by letters, A, B, C or a, p, y , etc., or by Roman
`numerals, I, 11, 111, etc., depending on the preference
`of the discoverer. McCronel’ has provocatively sug-
`gested that “every compound has different polymor-
`phic forms, and that, in general, the number of forms
`known for a given compound is proportional to the
`time and money spent in research on that compound.”
`In support of this, McCrone observes that many
`compounds of industrial importance (i.e., those on
`which a great deal of time and money are spent) are
`known to exhibit polymorphism: silica, iron, calcium
`silicate, sulfur, snap, pharmaceutical products, dyes,
`and explosives. Such compounds, unlike the vast
`majority of compounds that are isolated, are prepared
`and crystallized not just once but repeatedly, under
`conditions that may vary slightly from time to time.
`Similarly, in the biomolecular area, where much time
`and effort is invested in attempts to crystallize pro-
`teins under many slightly different conditions, poly-
`morphism is frequently observed.12 The universality
`suggested by McCrone’s statement may, however, be
`considerably tempered by the fact that fewer than 5%
`of the compounds in the Cambridge Structural Data-
`base (CSD) are known to be polymorphic (although it
`must be admitted that crystallographers typically
`choose one crystal specimen from their sample and
`leave it at that). Moreover, some very widely studied
`compounds have shown no evidence of polymorphic
`behavior, even though they have been crystallized and
`handled for many years under a far-ranging variety
`of conditions; naphthalene is an example that im-
`mediately comes to mind.
`Here we shall be concerned exclusively with molec-
`ular crystals, where the molecule may have the same
`shape in the two polymorphs or it may have a different
`shape, resulting in what has been termed “conforma-
`(10) “Auch das Reiben mit einem Glasstab an der Wandung des
`GefZisses schafff Keime, an deren Vorhandensein die Kristallisation
`gebunden ist.” Organikum; VEB Deutscher Verlag der WissenschaRen:
`Berlin, 1977; p 46.
`(11) McCrone,W. C. Polymorphism In Physics and Chemistry of the
`Organic Solid State; Fox, D., Labes, M. M., Weissberger, A., Eds.;
`Interscience: New York, 1965; Vol. 11, pp 726-767.
`(12) For example, according to the Protein Data Bank (distributed
`by Brookhaven National Laboratory, Upton, NY), the extensively studied
`human hemoglobin is known in monoclinic, orthorhombic, and tetragonal
`modifications; lysozyme in triclinic, monoclinic, orthorhombic, trigonal,
`tetragonal, and hexagonal ones.
`
`Merck Exhibit 2168, Page 2
`Mylan Pharmaceuticals Inc. v. Merck Sharp & Dohme Corp.
`IPR2020-00040
`
`

`

`Disappearing Polymorphs
`
`ACC. Chem. Res., Vol. 28, No. 4, 1995 195
`
`I
`
`I
`
`Te mpe r a t u r e
`Temperature
`Figure 1. Free energy vs temperature diagrams for two polymorphs, with crossing points where their free energies cross: left,
`enantiotropic system;right, monotropic system.
`
`tional polymorphism”.13 McCrone’s criterionll is that
`polymorphs are different in crystal structure but
`identical in the liquid or vapor states. This implies
`that crystals containing molecules with different
`atomic arrangements are to be classed as polymorphs
`if the molecules concerned interconvert rapidly in the
`melt or in solution to give the same equilibrium
`mixture. Thus, this definition would encompass not
`only conformational isomers but all kinds of isomers
`in dynamic equilibrium. In phase-rule terminology,14
`the various polymorphs and the liquid obtained by
`melting them constitute a one-component system (or
`a two-component system if we consider solution of the
`polymorphs in a given solvent).
`Clearly, this definition is not completely satisfactory
`and leaves several kinds of borderline cases open: are
`syn- and anti-oximes in the solid state to be classed
`as polymorphs or as separate compounds? What
`about the various molecular species involved in the
`complex equilibria among open-chain and cyclic forms
`of saccharides (constitutional and configurational poly-
`morphs)? How long are we supposed to wait for
`equilibrium to be established? Should different hy-
`drates or solvates of a given compound be classified
`as polymorphs? (The term pseudopolymorphism has
`been proposed to cover such cases.) Definitive answers
`to these and similar questions cannot be given; they
`depend on one’s point of view. In the same way, there
`seems to be no unequivocal way of distinguishing
`between polymorphic transformations and solid-state
`chemical reactions. There are borderline cases that
`show characteristic features of both.
`In molecular crystals, free energy differences be-
`tween polymorphs are usually quite small, a matter
`of a few kilocalories/mole at most,15 and depend on
`temperature, mainly because of the entropic contribu-
`tion to the free energy. Because of the thermodynamic
`relation G = H - TS, the form with the higher entropy
`will tend to become the thermodynamically more
`stable form as the temperature is raised (Figure 1).
`Thus, over a small temperature range, and particu-
`larly between room temperature and the melting
`point, one polymorph or another can change from
`being the stable form to being metastable. If the
`
`(13)Bernstein, J.; Hagler, A. T. J. Am. Chem. Soc. 1978, 100, 673.
`Bernstein, J. Conformational Polymorphism In Organic Solid State
`Chemistry; Desiraju, G., Ed.; Studies in Organic Chemistry, Vol. 32;
`Elsevier: Amsterdam, 1987; pp 471-518.
`(14) See, for example: Findlay, A,; Campbell, A. N.; Smith, N. The
`Phase Rule and its Applications, 9th ed.; Dover: New York, 1951.
`(15) Kitaigorodskii, A. I. Adu. Struct. Res. Diffr. Methods 1970,3,173.
`
`thermodynamic transition temperature is below the
`melting point, the polymorphic system is known as
`enantiotropic (not to be confused with enantiotopic, a
`term applied to atoms or groups in a molecule that
`are related by an improper symmetry operation but
`not by a proper one, e.g., the two methylene H atoms
`in ethanol) and the transition is in principle reversible;
`if the transition temperature is above the melting
`point, then the system is monotropic and the transi-
`tion can take place only in one direction. A metastable
`form can persist for years, or it can undergo spontane-
`ous transformation to the stable form.
`
`Mechanisms of Polymorphic Transformations
`The title of this section promises more than it can
`deliver, because the mechanisms of polymorphic trans-
`formations in molecular crystals are largely unknown.
`The one type of transformation for which some level
`of understanding can be claimed is order-disorder
`transformations, where the high- temperature phase
`has essentially the same molecular arrangement as
`the low-temperature one and differs from it only by
`an increase in the crystallographic site symmetry of
`the structural units. This increase in apparent mo-
`lecular symmetry is due to an increase in crystal
`disorder such that the space-averaged, time-averaged
`distribution of matter has a higher symmetry than the
`instantaneous distribution in an individual unit cell.
`The reverse transformation corresponds to the onset
`of an ordering process. Such transitions are usually
`classified as “second-order” from the thermodynamic
`point of view, and, since they are virtually the only
`ones that can be handled on a theoretical basis, they
`receive the most attention in textbooks. From reading,
`one might even get the impression that order-disorder
`transformations are the prototype of phase transitions
`in general, but this is not the case.
`Presumably, as in the primary crystallization proc-
`ess, the mechanisms of most solid-solid transforma-
`tions involve the formation of critical nuclei of the new
`phase, followed by their growth. According to My-
`nukh,16 the nucleation step is critically dependent on
`the presence of “suitable” defects. Depending on the
`nature of these defects, nuclei of the new phase may
`be formed at different temperatures and grow at
`different rates. Thus, defects in the initial crystal
`structure may be necessary for initiating (or cata-
`(16) Mynukh, Yu. V. J. Cryst. Growth 1974,38, 284; Mol. Cryst. Lig.
`Cryst. 1979, 52, 467, 505.
`
`Merck Exhibit 2168, Page 3
`Mylan Pharmaceuticals Inc. v. Merck Sharp & Dohme Corp.
`IPR2020-00040
`
`

`

`196 ACC. Chem. Res., Vol. 28, No. 4, 1995
`lyzing) nucleation of the new phase. Indeed, in some
`cases, the transformation can be induced by mechani-
`cally introducing defects, for example, by scratching
`the surface of the crystal with a pinpoint. On the
`other hand, there are also examples where the trans-
`formation is virtually instantaneous (and in one case
`even reversible), causing the crystals to "jump".17
`Solid-state transformations in molecular crystals
`often show a high degree of hysteresis. It may be
`necessary to heat the low-temperature form to a
`temperature well above the thermodynamic transition
`temperature before signs of phase transformation can
`be detected. Even when no solid-solid transformation
`of the low-temperature form occurs below the melting
`point, this is not sufficient proof that the system is
`monotropic; the transformation may simply be too
`sluggish to be observed. Similarly, transformations
`in the reverse direction, produced by cooling the high-
`temperature form, are also invariably accompanied by
`hysteresis. This can be so severe that a high-temper-
`ature form can sometimes be kept indefinitely at
`temperatures well below the transition point. Thus,
`X-ray structure analyses at 100 K have been made of
`crystal phases more than 200 K below their thermo-
`dynamic range of stability.18
`Vanishing Polymorphs
`Woodard and McCronelg described several cases
`where, after nucleation of a more stable crystal form,
`a previously prepared crystal form could no longer be
`obtained. Other examples were described by Webb
`and Anderson,20 who wrote, "Within the fraternity of
`crystallographers anecdotes abound about crystalline
`compounds which, like legendary beasts, are observed
`once and then never seen again." In a sober comment
`on these views, Jacewicz and NaylerZ1 criticized some
`of the more exaggerated claims. While admitting the
`role of seeding in promoting nucleation, they argue
`that the disappearance of the metastable form is a
`local and temporary phenomenon and conclude that
`"any authentic crystal form should be capable of being
`re-prepared, although selection of the right conditions
`may require some time and trouble."
`In most of the examples cited by these authors,
`relevant questions are left unanswered. Many chem-
`ists remain skeptical about a subject that calls into
`question the criterion of reproducibility as a condition
`for acceptance of a phenomenon as being worthy of
`scientific inquiry. Nevertheless, there are well-
`documented cases of crystal forms that were observed
`over a period of time but not thereafter, having been
`apparently displaced by a more stable polymorph. The
`relevant literature is scattered and almost impossible
`to find by subject searches. In the remaining space
`
`(17)Gigg, J.; Gigg, R.; Payne, S.; Conant, R. J. Chem. SOC., Perkin
`Trans. 1, 1987, 2411. Ding, J.; Herbst, R.; Praefke, K.; Kohne, B.;
`Saenger, W. Acta Crystallogr., Sect. B 1991,47,739. Steiner, T.; Hinrichs,
`W.; Saenger, W.; Gigg, R. Ibid., in press. Zamir, S.; Bernstein, J.;
`Greenwood, D. J . MoE. Cryst. Liq. Cryst. 1994, 242, 193. Etter, M. C.;
`Seidel, A. R. J . Am. Chem. SOC. 1983,105,641. Kohne, B.; Praefke, K.;
`Mann, G. Chimia 1988,42, 139.
`(18) For example, the white high-temperature modification of dimethyl
`3,6-dichloro-2,5-dihydroxyterephthalate, unstable below about 340 K,
`crystal structure analysis at 98 K. Yang, Q.-C.; Richardson, M. F.; Dunitz,
`J. D. Acta Crystallogr., Sect. B 1989,45, 312. Richardson, M. F.; Yang,
`Q.-C.; Novotny-Bregger, E.; Dunitz, J. D. Ibid. 1990,46, 653.
`(19) Woodard, G. D.; McCrone, W. C. J. Appl. Crystallogr. 1975, 8,
`342.
`(20) Webb, J.; Anderson, B. J . Chem. Educ. 1978,55, 644.
`(21) Jacewicz, V, W.; Nayler, J. H. C. J . Appl. Crystallogr. 1979, 12,
`396.
`
`Dunitz and Bernstein
`we review published examples, present some new
`results, and try to put the subject into perspective. We
`begin with one of the best-studied examples.
`1,2,3,5-Tetra-O-acetyl-/3-~-ribofuranose
`(I). The
`early history of this compound reads like a mystery
`story. As first prepared in 1946 in Cambridge, Eng-
`land, by Howard, Lythgoe, and Todd,22 the compound
`had melting point 58 "C.
`
`AcO
`
`OAc
`
`AcO OAc
`I
`
`Virtually the same melting point was measured for
`material prepared by a different method in Jena by
`Bredereck and H ~ e p f n e r . ~ ~ When several batches of
`the same material were prepared soon afterward
`(1949) in a different laboratory on the other side of
`the Atlantic, in New York, by Davoll, Brown, and
`
`V i s ~ e r , ~ ~ the first three preparations had melting point
`56-58 "C, but the fourth run yielded material with a
`distinctly higher melting point, 85 "C. Around the
`same time, in Jena, by direct acetylation of ribose,
`Zinne9 obtained a mixture of two tetraacetyl deriva-
`tives, one the ribopyranose and the other the ribo-
`furanose, with a melting point of 82 "C for the latter.
`The two high-melting compounds appeared to be
`identical, although the nature of the structural dif-
`ference between them and the low-melting form was
`unknown. So far, so good; innumerable examples of
`polymorphism are known. The low-melting form can
`be called A, the high-melting one B.
`After some time, however, the melting points of the
`early New York preparations had risen to 85 "C, and
`it was no longer possible to prepare the A form.24 A
`sample of A was sent from Cambridge, but when it
`was exposed to the air in New York, in a laboratory
`that contained samples of B, the crystals of A rapidly
`became opaque and transformed to B. In the mean-
`time, transformation of A to B was also found to have
`taken place in Cambridge. Since the A form could no
`longer be obtained in the New York laboratory, further
`experiments involving this form were moved to distant
`Los Angeles, where it was shown that when 1 g of A
`(melting point 57 "C) was inoculated with 1 mg of B
`(melting point 85 "C), the melting point of the sample
`was raised to 75-77 "C within 2 h and to 77-79 "C
`overnight.24 Similar phenomena were observed in
`Manchester.26 Low-melting A was first obtained, but
`when B was introduced into the laboratory, the whole
`of the material had the higher melting point and the
`low-melting form could no longer be prepared.27
`The scene now changes to Philadelphia, where
`Patterson and GroshensZ8 (the same Patterson as in
`the Patterson function used in crystallography) took
`on the task of measuring X-ray diffraction data for the
`two crystalline forms. Low-melting A was found to
`be monoclinic, space group P21, and the crystal was
`(22) Howard, G. A,; Lythgoe, B.; Todd, A. R. J. Chem. SOC. 1947,1052.
`(23) Bredereck, H.; Hoepfner, E. Chem. Ber. 1948,81, 51.
`(24) Davoll, J.; Brown, B. B.; Visser, D. W. Nature (London) 1952,
`170 GA
`- . - I (25) Zinner, H. Chem. Ber. 1950, 83, 153.
`(26) Farrar, K. R. Nature (London) 1952,170, 896.
`
`Merck Exhibit 2168, Page 4
`Mylan Pharmaceuticals Inc. v. Merck Sharp & Dohme Corp.
`IPR2020-00040
`
`

`

`Disappearing Polymorphs
`
`ACC. Chem. Res., Vol. 28, No. 4, 1995 197
`
`I1
`
`c
`
`Figure 2. Stereoviews of the two forms of I. In both cases the view is on the plane of Cl-O-C4 of the furanose ring: upper,
`monoclinic A form; lower, orthorhombic B form. For clarity, only carbon atoms are labeled.
`
`sufficiently stable to last for 7 weeks. At the end of
`this time, crystals of B were introduced into the room.
`After three days, the A crystal was unchanged, but
`when powdered B was sprinkled over the A crystal,
`the latter transformed completely to B in a few
`minutes. The transformed material still had the
`external shape of the original A crystal, but it was
`opaque and polycrystalline with no preferred orienta-
`tion of the crystallites. Crystals of B were found to
`be orthorhombic, space group P212121, with quite
`different cell dimensions from A. Patterson and
`Groshens noted that the molecular volume increased
`by about 2% during the A to B transformation (A,
`383.9 A3; B, 392.5 A3).
`In the early 1950s it would have been a major
`undertaking to determine the atomic arrangement in
`these noncentrosymmmetric crystals by X-ray analy-
`sis, and it was only some 20 years later that the crystal
`structure of form B was determined.29 The authors
`made no mention of the other polymorph. Essentially
`the same structure was found by P ~ p p l e t o n , ~ ~ who
`commented that an attempt to prepare the “rare” A
`form by application of high pressure was unsuccessful.
`Comparison of the structures of the two forms only
`became possible when the elusive A form was obtained
`
`(27) The state of affairs was summarized by Brown et al. (Brown, G.
`B.; Davoll, J.; Lowy, B. A. Biochem. Prep. 1955,4, 70) as follows: “The
`form first reported melted at 58” or 56” and the form melting at 84” was
`initially termed the B form. A number of laboratories have observed the
`transformation of the low melting into the high melting form and once
`the latter is obtained the former is not encountered.” For another
`contemporary account of the confusion, see: Overend, W. G.; Stacey, M.
`In The Nucleic Acids; Chargaff, E., Davidson, J. N., Eds.; Academic
`Press: New York, 1955; Vol. 1, p 44.
`(28) Patterson, A. L.; Groshens, B. P. Nature (London) 1954,173, 398.
`(29) James, V. J.; Stevens, J. D. Cryst. Struct. Commun. 1973,2, 609.
`(30) Poppleton, B. J. Acta Crystallogr., Sect. B 1976, 32, 2702.
`
`in Budapest and its crystal structure determined.31
`There is no simple structural relationship between the
`two polymorphs; the crystal packing is quite different,
`and although the ribose ring and its directly attached
`atoms are nearly superimposable, the molecules adopt
`different conformations with respect to the orienta-
`tions of the acetyl groups about the bonds C2-02,
`C3-03, and C5-05 (Figure 2).
`According to force-field calculation^^^ the intra-
`molecular nonbonded potential energy of the form A
`conformation is lower than that of the B conformation
`by 15.7 kJ mol-$ that is, the more stable molecular
`structure is found in the low-melting polymorph. This
`is reasonable, because, as mentioned earlier, the
`thermodynamic stability of a high-temperature form
`must be due to its higher entropy rather than to its
`lower potential energy (see Figure 1). The increase
`in molecular volume on going from the A to the B form
`is consistent with this.
`In spite of all the work done on this system, we still
`do not know the thermodynamic transition point,
`where the two free energy curves cross. From the
`many instances where A has been reported to trans-
`form spontaneously to B, we can infer that the
`transition point lies somewhat below normal labora-
`tory temperature. Thus, form A is likely to have been
`present as a metastable species during most of its
`existence. In spite of its thermodynamic instability
`with respect to form B, it may have tended to crystal-
`lize first from solution because of a more rapid rate
`of nucleation, a kinetic factor. Once formed, the
`crystals of A may endure for a longer or shorter period,
`depending on the local temperature and other factors.
`(31) Czugler, M.; Kalman, A,; Kovacs, J.; Pinter, I. Acta Crystallogr.,
`Sect. B 1981, 37, 172.
`
`Merck Exhibit 2168, Page 5
`Mylan Pharmaceuticals Inc. v. Merck Sharp & Dohme Corp.
`IPR2020-00040
`
`

`

`198 ACC. Chem. Res., Vol. 28, No. 4, 1995
`The solid-state transformation to B may take place
`spontaneously, or it may be catalyzed by the presence
`of seeds of B. In subsequent crystallization experi-
`ments in the same laboratory the presence of B seeds
`will circumvent the kinetic advantage of form A, once
`such seeds are present in the laboratory atmosphere,
`the lower solubility of thermodynamically stable B
`must tip the balance in its favor, resulting in the
`virtual “disappearance” of metastable A from labora-
`tories “contaminat

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