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`708390
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`
`UTILITY
`
`PATENT APPLICATION
`
`Attorney Docket No.
`
`2|409Y
`
`First Inventor or Application Identifier Alex Minhua Chen, et 31-
`
`SUBSTITUTE for PTO/SENS (04-04) Utility Patent Application Transmittal
`Approved for use through O7/31r2006. OMB 0651-0032
`US. Patent and Trademark Office: US. DEPARTMENT OF COMMERCE
`
`TRANSMITTAL
`
`PHOSPHORIC ACID SALT OF A DIPEPTIDYL PEP'I‘IDASEBIV
`INHIBITOR
`
`(Onlyfor new nonprovisional applications under 37 C!"R l.53(b))
`
`Express Mail Label No.
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`EL989589055US
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`APPLICATION ELEMENTS
`See MPEP chapter 600 concerning utility patent application contents.
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`ADDRESS T0:
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`Commissioner for Patents
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`062304
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`If a CONTINUING APPLICATION, check appropriate box, and supply the requisite information below and in thefirst sentence of the
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`specification following the title, or in an Application Data Sheet under 37 CFR 1.76:
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`of prior application No.
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`part of the disdosne of the accompanying continuation or divisional application and is hereby incorporated by reference.
`15. CORRESPONDENCE ADDRESS
`Customer Number
`
`Customer No. 000210
`
`Philippe L Durette
`
`Merck & Co., Inc. P. 0. Box 2000 - Patent Dept. RY60-30
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`NAME
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`AD
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`DRESS
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`COUNTRY
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`.004
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`EXPRESS MAIL CERTIFICATE
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`DATE OF DEPOSIT June 23 2004
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`EXPRESS MAIL N0. EL989589055US
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`I HEREBY CERTIFY THAT THIS CORRESPONDENCE IS BEING DEPOSITED WITH THE
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`UNITED STATES POSTAL SERVICE AS EXPRESS MAIL "POST OFFICE T0 ADDRESSEE"
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`DATE IN AN ENVELOPE ADDRESSED TO COMIVIISSIONER FOR PATENTS,
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`EXAIXIA VA 223133450.
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`ppli
`. ion Filiiig Fo'r) MRI: 3: Co.. in. sue/2004
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`PATENT
`
`Commissioner for Patents
`
`PO. Box 1450
`Alexandria, VA 22313-1450
`
`Sir:
`
`Deposit Acct. 13-2755
`MERCK & CO., INC.
`Our Case Docket No. 21409Y
`
`Transmitted herewith for filing under 37 C.F.R. §1.53(b) is the patent application of Inventor(s):
`Alex Minhua Chen, Russell R. Ferlita, Karl Hansen, Ivan Lee, Stephen Howard Cypes, Vicky K. Vydra, Robert M Wenslow
`
`For: PHOSPHORIC ACID SALT OF A DIPEPTIDYL PEPTIDASE-IV INHIBITOR
`
`Independent Claims
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`Basic Fee
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`Total Claims
`$270
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`Multiple Dependent
`CMm§
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`* Add this fee if application contains any
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`TOTAL FILING FEE ————-fl
`$1,040
`multiple dependent claims, regardless
`
`of number.
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`. The Commissioner is hereby
`Please charge my Deposit Account No. 13-2755 in the amount of $ 1 040
`authorized tO charge any additional fees which may be required, or credit any overpayment to Account No. 13-2755.
`Duplicate copy Of this sheet is enclosed.
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`$0
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`|:] Under the provisions of 37 C.F.R. §1.53, this application is being filed without the declaration of each inventor.
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`EXPRESS MAIL CER'nFICATE
`
`By: Phi pe L. Durette
`
`Attorney
`For Applicant(s)
`
`Reg. No. 35 125
`
`MERCK & CO.. INC.
`Patent Dept, RY60—30
`'30- Box 2000
`Rahway, NJ. 07065-0907
`(732) 594- 4568
`Date: June 23 2004 /
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`
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`Mylan (IPR2020-00040) Ex. 1010 . 002
`Convuter generated lorm 'Transm’nal Letter (Appliwfion Filing Folder),
`& Co.. Inc.. 100112003
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`23 2004
`J
`DATE °F “”3” —--‘--——”"e
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`EXPRESS MAIL No. wgflgiqg—
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`I HEREBY CER11FY THAT THIS CORRESPONDENCE Is BEING
`DEPOSITED WITH THE UNITED STATES POSTAL SERVICE AS
`EXPRESS MAIL “POST OFFICE To ADDRESSEE- ON THE ABOVE DATE
`IN AN ENVELOPE ADDRESSED To COMMISSIONER FOR PATENTS,
`PO. BOX 1450, ALEXANDRIA, VA 22313-1450.
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`MAILED B IN DUPLICATE
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`21409Y
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`TITLE OF THE INVENTION
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`PHOSPHORIC ACID SALT OF A DIPEPTIDYL PEPTIDASE-IV INHIBITOR
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`CROSS-REFERENCE TO RELATED APPLICATIONS
`
`The present invention is related to U.S. provisional application Serial No. 60/482,161,
`
`filed June 24, 2003, the contents of which are hereby incorporated by reference.
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`FIELD OF THE INVENTION
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`The present invention relates to a particular salt of a dipeptidyl peptidase-IV inhibitor.
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`More particularly, the invention relates to a dihydrogenphosphate salt of 4-oxo-4-[3-(tn'fluoromethyl)-
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`5,6—dihydro[1,2,4]tn'azolo[4,3-a]pyrazin-7(8H)-yl]-l—(2,4,5-trifluorophenyl)butan-2—amine, which is a
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`potent inhibitor of dipeptidyl peptidase-IV. This novel salt and crystalline hydrates thereof are useful for
`
`the treatment and prevention of diseases and conditions for which an inhibitor of dipeptidyl peptidase-IV
`
`is indicated, in particular Type 2 diabetes, obesity, and high blood pressure. The invention further
`
`concerns pharmaceutical compositions comprising the dihydrogenphosphate salt and crystalline hydrates
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`thereof useful to treat Type 2 diabetes, obesity, and high blood pressure as well as processes for
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`preparing the dihydrogenphosphate salt and crystalline hydrates thereof and their pharmaceutical
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`compositions.
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`BACKGROUND OF THE INVENTION
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`Inhibition of dipeptidyl peptidase—IV (DP—IV), an enzyme that inactivates both glucose—
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`dependent insulinotropic peptide (GIP) and glucagon-like peptide 1 (GLP-l), represents a novel approach
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`to the treatment and prevention of Type 2 diabetes, also known as non-insulin dependent diabetes
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`mellitus (NIDDM). The therapeutic potential of DP—IV inhibitors for the treatment of Type 2 diabetes
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`has been reviewed: C. F. Deacon and J.J . Holst, “Dipeptidyl peptidase IV inhibition as an approach to the
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`treatment and prevention of Type 2 diabetes: a historical perspective,” Biochem. Biophys. Res.
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`Commun., 294: 1-4 (2000); K. Augustyns, et al., “Dipeptidyl peptidase IV inhibitors as new therapeutic
`
`agents for the treatment of Type 2 diabetes,” Expert. Opin. Ther. Patents, 13: 499-510 (2003); and DJ .
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`Drucker, “Therapeutic potential of dipeptidyl peptidase IV inhibitors for the treatment of Type 2
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`diabetes,” Expert Opin. Investig. Drugs, 12: 87—100 (2003).
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`WC 03/004498 (published 16 January 2003), assigned to Merck & Co., describes a class
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`of beta-amino tetrahydrotriazolo[4,3-a]pyrazines, which are potent inhibitors of DP-IV and therefore
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`useful for the treatment of Type 2 diabetes. Specifically disclosed in WC 03/004498 is 4—oxo—4-[3-
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`(trifluoromethyl)-5,6-dihydro[1,2,4]triazolo[4,3-a]pyrazin-7(8H)-yl]-1-(2,4,5-tn'fluorophenyl)butan-2-
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`21409Y
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`amine. Pharmaceutically acceptable salts of this compound are generically encompassed within the
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`scope of WO 03/004498.
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`However, there is no specific disclosure in the above reference of the newly discovered
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`monobasic dihydrogenphosphate salt of 4-oxo-4-[3-(trifluoromethyl)-5,6-dihydro[1,2,4]triazolo[4,3-
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`a]pyrazin—7(8H)—yl]—1-(2,4,5—trifluorophenyl)butan-2-amine of structural formula I below.
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`SUMMARY OF THE INVENTION
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`The present invention is concerned with a novel dihydrogenphosphate salt of the
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`dipeptidyl peptidase—IV (DP-IV) inhibitor 4—oxo—4—[3—(trifluoromethyl)-5,6-dihydro[1,2,4]triazolo[4,3-
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`a]pyrazin-7(8H)-yl]—1-(2,4,5-trifluorophenyl)butan-Z-amine and crystalline hydrates thereof, in particular
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`a crystalline monohydrate. The dihydrogenphosphate salt and crystalline hydrates of the present
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`invention have advantages in the preparation of pharmaceutical compositions of 4-oxo-4-[3—
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`(trifluoromethyl)—5,6-dihydro[1,2,4]triazolo[4,3-a]pyrazin-7(8H)-yl]-1-(2,4,5-trifluorophenyl)butan—2-
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`amine, such as ease of processing, handling, and dosing. In particular, they exhibit improved physical
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`and chemical stability, such as stability to stress, high temperatures and humidity, as well as improved
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`physicochemical properties, such as solubility and rate of solution, rendering them particularly suitable
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`for the manufacture of various pharmaceutical dosage forms. The invention also concerns
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`pharmaceutical compositions containing the novel salt and hydrates as well as methods for using them as
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`DP—IV inhibitors, in particular for the prevention or treatment of Type 2 diabetes, obesity, and high blood
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`pressure.
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`BRIEF DESCRIPTION OF THE FIGURES
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`FIG. 1 is a characteristic X—ray diffraction pattern of the crystalline monohydrate of the
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`dihydrogenphosphate salt of structural formula II.
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`FIG. 2 is a carbon-13 cross-polarization magic-angle spinning (CPMAS) nuclear
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`magnetic resonance (NMR) spectrum of the crystalline monohydrate of the dihydrogenphosphate salt of
`structural formula II.
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`FIG. 3 is a fluorine-19 magic-angle spinning (MAS) nuclear magnetic resonance (NMR)
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`spectrum of the crystalline monohydrate of the dihydrogenphosphate salt of structural formula H.
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`FIG. 4 is a typical therrnogravimetric analysis (TGA) curve of the crystalline
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`monohydrate dihydrogenphosphate salt of structural formula II.
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`FIG. 5 is a typical differential seaming calorimetry (DSC) curve of the crystalline
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`monohydrate of the dihydrogenphosphate salt of structural formula II.
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`21409Y
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`DETAILED DESCRIPTION OF THE INVENTION
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`This invention provides a new monobasic dihydrogenphosphate salt of 4-oxo-4—[3-
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`(trifluoromethyl)-5 ,6—dihydro[1,2,4]tn'azolo[4,3-a]pyrazin-7(8H)-yl]—l-(2,4,5—trifluorophenyl)butan-2-
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`S
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`amine of the following structural formula I:
`
`F
`' H3PO4
`
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`NH2 0
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` F
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`U?
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`(I)
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`CF3
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`or a crystalline hydrate thereof. In particular, the instant invention provides a crystalline monohydrate of
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`the dihydrogenphosphate salt of formula I.
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`The dihydrogenphosphate salt of the present invention has a center of asymmetry at the
`stereogenic carbon atom indicated with an * and can thus occur as a racemate, racemic mixture, and
`.
`single enantiomers, with all isomeric forms being. included in the present invention. The separate
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`enantiomers, substantially free of the other, are included within the scope of the invention, as well as
`mixtures of the two enantiomers.
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`One embodiment of the present invention provides the dihydrogenphosphate salt of (2R)-
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`4-oxo—4—[3-(trifluoromethyl)-5 ,6-dihydro[1,2,4]triazolo[4,3-a]pyrazin—7(8H)-yl]-1-(2,4,5—
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`trifluorophenyl)butan-2-amine of structural formula II:
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`F
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`F
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`- H3PO4
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`NH2 0
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`*
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`(II)
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`N
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`/ N\
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`QTfi/N
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`ca
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`or a crystalline hydrate thereof.
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`A second embodiment of the present invention provides the dihydrogenphosphate salt of
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`(ZS)-4-oxo-4-[3-(trifluoromethyl)-5,6-dihydro[1,2,4]triazolo[4,3-a]pyrazin-7(8H)-yl]-l—(2,4,5-
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`trifluorophenyl)butan-2-amine of structural formula III:
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`21409Y
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`/\r\IJ/\/(N
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`/ N\
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`(III)
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`CF3
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`or a crystalline hydrate thereof.
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`More specifically, the dihydrogenphosphate salt of the present invention is comprised of
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`one molar equivalent of mono-protonated 4-0xo-4-[3-(trifluoromethyl)—5,6-dihydro[1,2,4]triazolo[4,3-
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`a]pyrazin-7(8H)—yl]—1-(2,4,5-trifluorophenyl)butan-2-amine cation and one molar equivalent of
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`dihydrogenphosphate (biphosphate) anion.
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`In a further embodiment of the present invention, the dihydrogenphosphate salt of
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`structural formulae I—III is a crystalline hydrate. In one class of this embodiment, the crystalline hydrate
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`is a crystalline monohydrate.
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`A further embodiment of the present invention provides the dihydrogenphosphate salt
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`drug substance of structural formulae I-III that comprises the crystalline monohydrate present in a
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`detectable amount. By “drug substance” is meant the active pharmaceutical ingredient (“API”). The
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`amount of crystalline monohydrate in the drug substance can be quantified by the use of physical
`methods such as X-ray powder diffraction, solid-state fluorine-l9 magic—angle hspinning (MAS) nuclear
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`magnetic resonance spectroscopy, solid-state carbon-13 cross-polarization magic-angle spinning
`
`(CPMAS) nuclear magnetic resonance spectroscopy, solid state Fourier—transform infrared spectroscopy,
`
`and Raman spectroscopy. In a class of this embodiment, about 5% to about 100% by weight of the
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`crystalline monohydrate is present in the drug substance. In a second class of this embodiment, about
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`10% to about 100% by weight of the crystalline monohydrate is present in the drug substance.
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`In a third
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`class of this embodiment, about 25% to about 100% by weight of the crystalline monohydrate is present
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`in the drug substance. In a fourth class of this embodiment, about 50% to about 100% by weight of the
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`crystalline monohydrate is present in the drug substance. In a fifth class of this embodiment, about 75%
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`to about 100% by weight of the crystalline monohydrate is present in the drug substance.
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`In a sixth class
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`of this embodiment, substantially all of the dihydrogenphosphate salt drug substance is the crystalline
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`monohydrate of the present invention, i.e., the dihydrogenphosphate salt drug substance is substantially
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`phase pure monohydrate.
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`The crystalline dihydrogenphosphate salt of the present invention exhibits pharmaceutic
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`advantages over the free base and the previously disclosed hydrochloride salt (WO 03/004498) in the
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`preparation of a pharmaceutical drug product containing the pharmacologically active ingredient.
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`In
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`21409Y
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`particular, the enhanced chemical and physical stability of the crystalline dihydrogenphosphate salt
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`monohydrate constitute advantageous properties in the preparation of solid pharmaceutical dosage forms
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`containing the pharmacologically active ingredient.
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`The dihydrogenphosphate salt of the present invention, which exhibits potent DP-IV
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`inhibitory properties, is particularly useful for the prevention or treatment of Type 2 diabetes, obesity,
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`and high blood pressure.
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`Another aspect of the present invention provides a method for the prevention or
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`treatment of clinical conditions for which an inhibitor of DP-IV is indicated, which method comprises
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`administering to a patient in need of such prevention or treatment a prophylactically or therapeutically
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`effective amount of the dihydrogenphosphate salt of structural formula I or a hydrate thereof, in
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`particular the crystalline monohydrate thereof. Such clinical conditions include diabetes, in particular
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`Type 2 diabetes, hyperglycemia, insulin resistance, and obesity.
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`The present invention also provides the use of the dihydrogenphosphate salt of structural
`
`formula I or a hydrate thereof, in particular the crystalline monohydrate, for the manufacture of a
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`medicament for the prevention or treatment of clinical conditions for which an inhibitor of DP—IV is
`indicated.
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`The present invention also provides pharmaceutical compositions comprising the
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`dihydrogenphosphate salt of structural formula I or a hydrate thereof, in particular the crystalline
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`monohydrate, in association with one or more pharmaceutically acceptable carriers or excipients. In one
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`embodiment the pharmaceutical composition comprise a therapeutically effective amount of the active
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`pharmaceutical ingredient in admixture with pharmaceutically acceptable excipients wherein the active
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`pharmaceutical ingredient comprises a detectable amount of the crystalline monohydrate of the present
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`invention. In a second embodiment the pharmaceutical composition comprise a therapeutically effective
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`amount of the active pharmaceutical ingredient in admixture with pharmaceutically acceptable excipients
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`wherein the active pharmaceutical ingredient comprises about 5% to about 100% by weight of the
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`crystalline monohydrate of the present invention. In a class of this second embodiment, the active
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`pharmaceutical ingredient in such compositions comprises about 10% to about 100% by weight of the
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`crystalline monohydrate. In a second class of this embodiment, the active pharmaceutical ingredient in
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`such compositions comprises about 25% to about 100% by weight of the crystalline monohydrate. In a
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`third class of this embodiment, the active pharmaceutical ingredient in such compositions comprises
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`about 50% to about 100% by weight of the crystalline monohydrate. In a fourth class of this
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`embodiment, the active pharmaceutical ingredient in such compositions comprises about 75% to about
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`100% by weight of the crystalline monohydrate. In a fifth class of this embodiment, substantially all of
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`the active pharmaceutical ingredient is the crystalline dihydrogenphosphate salt monohydrate of the
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`present invention, i.e., the active pharmaceutical ingredient is substantially phase pure
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`dihydrogenphosphate salt monohydrate.
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`The compositions in accordance with the invention are suitably in unit dosage forms
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`such as tablets, pills, capsules, powders, granules, sterile solutions or suspensions, metered aerosol or
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`liquid sprays, drops, ampoules, auto-injector devices or suppositories. The compositions are intended for
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`oral, parenteral, intranasal, sublingual, or rectal administration, or for administration by inhalation or
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`insufflation. Formulation of the compositions according to the invention can conveniently be effected by
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`methods lmown from the art, for example, as described in Remington’s Pharmaceutical Sciences, 17th ed.,
`1995.
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`The dosage regimen is selected in accordance with a variety of factors including type,
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`species, age, weight, sex and medical condition of the patient; the severity of the condition to be treated;
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`the route of administration; and the renal and hepatic function of the patient. An ordinarily skilled
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`physician, veterinarian, or clinician can readily determine and prescribe the effective amount of the drug
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`required to prevent, counter or arrest the progress of the condition.
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`Oral dosages of the present invention, when used for the indicated effects, will range
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`between about 0.01 mg per kg of body weight per day (mg/kg/day) to about 100 mg/kg/day, preferably
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`0.01 to 10 mg/kg/day, and most preferably 0.1 to 5.0 mg/kg/day. For oral administration, the
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`compositions are preferably provided in the form of tablets containing 0.01, 0.05, 0.1, 0.5, 1.0, 2.5, 5.0,
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`10.0, 15.0, 25.0, 50.0, 100, 200, and 500 milligrams of the active ingredient for the symptomatic
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`adjustment of the dosage to the patient to be treated. A medicament typically contains from about 0.01
`
`mg to about 500 mg of the active ingredient, preferably, from about 1 mg to about 200 mg of active
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`ingredient. Intravenously, the most preferred doses will range from about 0.1 to about 10 mg/kg/minute
`
`during a constant rate infusion. Advantageously, the crystalline forms of the present invention may be
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`administered in a single daily dose, or the total daily dosage may be administered in divided doses of
`
`two, three or four times daily. Furthermore, the crystalline forms of the present invention can be
`
`administered in intranasal form via topical use of suitable intranasal vehicles, or via transdermal routes,
`
`using those forms of transdermal skin patches well known to those of ordinary skill in the art. To be
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`administered in the form of a transdermal delivery system, the dosage administration will, of course, be
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`continuous rather than intermittent throughout the dosage regimen.
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`In the methods of the present invention, the dihydrogenphosphate salt and crystalline
`
`hydrates herein described in detail can form the active pharmaceutical ingredient, and are typically
`
`administered in admixture with suitable pharmaceutical diluents, excipients or carriers (collectively
`
`referred to herein as 'carrier' materials) suitably selected with respect to the intended form of
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`administration, that is, oral tablets, capsules, elixirs, syrups and the like, and consistent with conventional
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`For instance, for oral administration in the form of a tablet or capsule, the active
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`pharmaceutical ingredient can be combined with an oral, non-toxic, pharmaceutically acceptable, inert
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`carrier such as lactose, starch, sucrose, glucose, methyl cellulose, magnesium stearate, dicalcium
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`phosphate, calcium sulfate, mannitol, sorbitol and the like; for oral administration in liquid form, the
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`active pharmaceutical ingredient can be combined with any oral, non—toxic, pharmaceutically acceptable
`
`inert carrier such as ethanol, glycerol, water and the like. Moreover, when desired or necessary, suitable
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`binders, lubricants, disintegrating agents and coloring agents can also be incorporated into the mixture.
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`Suitable binders include starch, gelatin, natural sugars such as glucose or beta-lactose, corn sweeteners,
`
`natural and synthetic gums such as acacia, tragacanth or sodium alginate, carboxymethylcellulose,
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`polyethylene glycol, waxes and the like. Lubricants used in these dosage forms include sodium oleate,
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`sodium stearate, magnesium stearate, sodium benzoate, sodium acetate, sodium chloride and the like.
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`Disintegrators include, without limitation, starch, methyl cellulose, agar, bentonite, xanthan gum and the
`like.
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`The dihydrogenphosphate salt of structural formula I and the crystalline monohydrate
`
`have been found to possess a high solubility in water, rendering it especially amenable to the preparation
`of formulations, in particular intranasal and intravenous formulations, which require relatively
`
`concentrated aqueous solutions of active ingredient. The solubility of the crystalline
`
`dihydrogenphosphate salt monohydrate of formula I in water has been found to be about 72 mg/mL.
`
`According to a further aspect, the present invention provides a process for the
`
`preparation of the dihydrogenphosphate salt of formula I, which process comprises reacting 4—oxo-4-[3-
`
`(trifluoromethyl)—5 ,6—dihydro[ l ,2,4]triazolo[4,3—a]pyrazin—7(8H)-yl]-1-(2,4,5 —trifluorop henyl)butan-2—
`amine of structural formula IV below:
`
`(IV)
`
`CF3
`
`with approximately one equivalent of phosphoric acid in a suitable C 1—C5 alkanol, such as methanol,
`
`ethanol, isopropyl alcohol (IPA), and isoamyl alcohol (1AA) or aqueous C1-C5 alkanol. The reaction is
`
`carried out at a temperature range of about 25 °C to about 80 °C. The phosphoric acid solution can be
`
`added to a solution of the amine, or the addition can be performed in the reverse direction. The
`
`crystalline dihydrogenphosphate salt monohydrate is obtained by crystallization from an aqueous C1—C5
`
`alkanol solution of the dihydrogenphosphate salt as described below.
`
`-7-
`
`Mylan (11311202000040) Ex. 1010 p. 009
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`Mylan (IPR2020-00040) Ex. 1010 p. 009
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`

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`21409Y
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`GENERAL METHODS FOR CRYSTALLIZING THE MONOHYDRATE OF THE
`
`DIHYDROGENPHOSPHATE SALT OF STRUCTURAL FORMULA I:
`
`(a) In ethanol/water system at 25 °C:
`
`(1) crystallization from a mixture of compound I in ethanol and water, such that the water concentration
`
`is above 31 weight percent,
`
`(2) recovering the resultant solid phase, and
`
`(3) removing the solvent therefrom.
`
`(b) In isoamyl alcohol (IAA)/water system at 25 °C:
`
`(1) crystallization from a mixture of compound I in IAA and water, such that the water concentration is
`
`above 2.9 weight percent;
`
`(2) recovering the resultant solid phase; and
`
`(3) removing the solvent therefrom.
`
`(c) In IAA/water system at 40 °C:
`
`(1) crystallization from a mixture of compound I in IAA and water, such that the water concentration is
`
`above 3.6 weight percent;
`
`(2) recovering the resultant solid phase; and
`
`(3) removing the solvent therefrom
`
`(d) In IAA/water system at 60 °C:
`
`(1) crystallization from a mixture of compound I in IAA and water, such that the water concentration is
`
`25
`
`above 4.5 weight percent;
`
`(2) recovering the resultant solid phase; and
`
`(3) removing the solvent therefrom.
`
`30
`
`35
`
`(e) In Isopropyl alcohol (IPA)/water system at 25 °C:
`
`(1) crystallization from a mixture of compound I in IPA and water, such that the water concentration is
`
`above 7.0 weight percent;
`
`(2) recovering the resultant solid phase; and
`
`(3) removing the solvent therefrom
`
`(f) In [PA/water system at 40 °C:
`
`Mylan (IPR2020-00040) Ex. 1010 p. 010
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`Mylan (IPR2020-00040) Ex. 1010 p. 010
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`21409Y
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`(1) crystallization from a mixture of compound I in IPA and water, such that the water concentration is
`
`above 8.1 weight percent;
`
`(2) recovering the resultant solid phase; and
`
`(3) removing the solvent therefrom.
`
`(g) In IPA/water system at 75°C:
`
`(1) crystallization from a mixture of compound I in IPA and water, such that the water concentration is
`
`above about 20 weight percent;
`
`(2) recovering the resultant solid phase; and
`
`(3) removing the solvent therefrom.
`
`The starting compound of structural formula IV can be prepared by the procedures
`
`detailed in Schemes 1—3 and Example 1 below.
`
`In a still further aspect, the present invention provides a method for the treatment and/or
`
`prevention of clinical conditions for which a DP-IV inhibitor is indicated, which method comprises
`
`administering to a patient in need of such prevention or treatment a prophylactically or therapeutically
`
`effective amount of the salt of Formula I as defined above or a crystalline hydrate thereof.
`
`The following non-limiting Examples are intended to illustrate the present invention and
`
`should not be construed as being limitations on the scope or spirit of the instant invention.
`
`Compounds described herein may exist as tautomers such as keto-enol tautomers. The
`
`individual tautomers as well as mixtures thereof are encompassed with compounds of structural formula
`I.
`
`The term “% enantiomeric excess” (abbreviated “ee”) shall mean the % major
`
`enantiomer less the % minor enantiomer. Thus, a 70% enantiomeric excess corresponds to formation of
`
`85% of one enantiomer and 15% of the other. The term “enantiomeric excess” is synonymous with the
`
`term “optical purity.”
`
`Mylan (11311202000040) EX. 1010 p. 011
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`Mylan (IPR2020-00040) Ex. 1010 p. 011
`
`

`

`21409Y
`
`5
`
`3- trifluorometh l
`
`trifluorophenyl)butan-Z-amine dihydrogenphosphate monohydrate
`
`Preparation of 3-(trifluoromethyl)—5,6,7,8-tetrahydro| 1,2,4|triazolol4,3-alpyrazine hydrochloride {14)
`
`Scheme 1
`
`1. CF3COOEt CH3CN
`NH2NH2 —-———> F3C
`2. CICOCHQCI, NaOH
`
`H
`0
`)k N
`\n/
`N/
`”1 10
`
`;
`
`CH Cl
`2
`
`N‘N
`/
`
`““3003 FacxokCHaCl
`
`CH3CN
`
`H2N /\/ NH2
`
`—-————>
`
`MeOH
`
`fl
`
`O
`
`HCI
`
`HN/Y" kCFa w H054)!
`1-3
`1-4 CF3
`
`/N\
`
`Step A:
`
`Pre aration of bish drazide l—l
`
`Hydrazine (20.1 g, 35 wt% in water, 0.22 mol) was mixed with 3 10 mL of acetonitrile.
`
`31.5 g of ethyl trifluoroacetate (0.22 mol) was added over 60 min. The internal temperature was
`
`10
`
`increased to 25 °C from 14 °C. The resulting solution was aged at 22 — 25 °C for 60 min. The solution
`
`was cooled to 7 °C. 17.9 g of 50 wt% aqueous NaOH (0.22 mol) and 25.3 g of chloroacetyl chloride
`
`(0.22 mol) were added simultaneously over 130 min at a temperature below 16 °C. When the reaction
`
`was complete, the mixture was vacuum distilled to remove water and ethanol at 27 ~ 30 °C and under 26
`
`~ 27 in Hg vacuum. During the distillation, 720 mL of acetonitrile was added slowly to maintain
`
`15
`
`constant volume (approximately 500 mL). The slurry was filtered to remove sodium chloride. The cake
`
`was rinsed with about 100 mL of acetonitrile. Removal of the solvent afforded bis-hydrazide H (43.2 g,
`
`96.5% yield, 94.4 area% pure by I-IPLC assay).
`1H-NlVIR (400 MHz, DMSO-d6): 5 4.2 (s, 2H), 10.7 (s, 1H), and 11.6 (s, 1H) ppm.
`
`l3C-NIVIR (100 NII-Iz, DMSO-d6): 5 41.0, 116.1 (q, I = 362 Hz), 155.8 (q, I = 50 Hz), and 165.4 ppm.
`
`20
`
`-10-
`
`Mylan (IPR2020-00040) Ex. 1010 p. 012
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`Mylan (IPR2020-00040) Ex. 1010 p. 012
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`21409Y
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`
`Step B:
`
`Preparation of 5-gtrifluoromethy11-2-gchloromethyl)—1.3.4-oxadiazole
`
`g 1-2)
`
`Bishydrazide _1-_l from Step A (43.2 g, 0.21 mol) in ACN (82 mL) was cooled to 5 °C.
`
`Phosphorus oxychloride (32.2 g, 0.21 mol) was added, maintaining the temperature below 10 °C. The
`
`mixture was heated to 80 °C and aged at this temperature for 24 h until HPLC showed less than 2 area%
`
`of g. In a separate vessel, 260 mL of IPAc and 250 mL of water were mixed and cooled to 0 °C. The
`
`reaction slurry was charged to the quench keeping the internal temperature below 10 °C. After the
`
`addition, the mixture was agitated vigorously for 30 min, the temperature was increased to room
`
`temperature and the aqueous layer was cut. The organic layer was then washed with 215 mL of water,
`
`215 mL of 5 wt% aqueous sodium bicarbonate and finally 215 mL of 20 wt% aqueous brine solution.
`HPLC assay yield after work up was 86-92%. Volatiles were removed by distillation at 75—80 mm Hg,
`
`55 °C to afford an oil which could be used directly in Step C without further purification. Otherwise the
`
`product can be purified by distillation to afford 1_-2 in 70—80% yield.
`
`1H-NMR (400 MHz, CDCl3): 5 4.8 (s, 2H) ppm.
`
`13C—NMR (100 MHz, CDCl3): 6 32.1, 115.8 (q, J = 337 Hz), 156.2 (q, I = 50 Hz), and 164.4 ppm.
`
`Step C:
`
`Preparation of N-| (222-piperazin-2-ylidene Itfifluoroacetohydrazide
`
`51-31
`
`To a solution of ethylenediamine (33.1 g, 0.55 mol) in methanol (150 mL) cooled at —20
`
`°C was added distilled oxadiazole Q from Step B (29.8 g, 0.16 mol) while keeping the internal
`
`temperature at —20 °C. After the addition was complete, the resulting slurry was aged at —20 °C for 1 h.
`
`Ethanol (225 mL) was then charged and the slurry slowly warmed to —5 °C. After 60 min at —5 °C, the
`
`slurry was filtered and washed with ethanol (60 mL) at —5 °C. Amidine g was obtained as a white solid
`
`in 72% yield (24.4 g, 99.5 area wt% pure by HPLC).
`
`1H-NMR (400 MHz, DMSO-d6): 8 2.9 (t, 2H), 3.2 (t, 2H), 3.6 (s, 2H), and 8.3 (b, 1H) ppm. l3C-NMR
`
`(100 MHz, DMSO-d6): 8 40.8, 42.0, 43.3, 119.3 (q, I = 350 Hz), 154.2, and 156.2 (q, I = 38 Hz) ppm.
`
`Step D:
`
`Preparation of 3-gtrifluoromethyl)-5,6,7,8-tetrahydro| 1,2,4ltriazolol4,3-aIpyrazine
`
`hydrochloride g 1-4)
`
`A suspension of amidine g (27.3 g, 0.13 mol) in 110 mL of methanol was warmed to
`
`55 °C. 37% Hydrochloric acid (11.2 mL, 0.14 mol) was added over 15 min at this temperature. During
`
`the addition, all solids dissolved resulting in a clear solution. The reaction was aged for 30 min. The
`
`solution was cooled down to 20 °C and aged at this temperature until a seed bed formed (10 min to l h).
`
`300 mL of MTBE was charged at 20 °C over 1 h. The resulting slurry was cooled to 2 °C, aged for 30
`
`-11-
`
`Mylan (IPR2020-00040) EX. 1010 p. 013
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`Mylan (IPR2020-00040) Ex. 1010 p. 013
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`

`

`21409Y
`
`min and filtered. Solids were washed with 50 mL of ethanol:MTBE (1:3) and dried under vacuum at 45
`
`°C. Yield of tn'azole H was 26.7 g (99.5 area wt% pure by HPLC).
`
`1H-NMR (400 MHz, DMSO-d6): 5 3.6 (t, 2H), 4.4 (t, 2H), 4.6 (s, 2H), and 10.6 (b, 2H) ppm; 13C-NMR
`
`(100 MHz, DMSO-d6): 8: 39.4, 39.6, 41.0, 118.6 (q, J = 325 Hz), 142.9 (q, I = 50 Hz), and 148.8 ppm.
`
`M o
`
`fio
`0 0%
`
`F
`
`F
`
`o
`
`OH
`
`—_”
`tBuCOCI, IPr2NEt,
`DMAP,DMAc
`
`,
`
`F a
`
`‘
`
`5
`
`HCI
`
`
` J'— F
`3
`
`F
`
`F
`
`&
`
`NH2 0
`
`\ N/YN‘
`K/N /N
`
`F
`
`F
`
`F
`
`F
`
`F
`
`F
`
`F
`
`F
`
`OH 0
`
`\
`
`O
`
`0 OK
`
`L
`
`N
`
`K/N\/(
`
`CF3
`
`MeOH
`
`,
`
`Rh cod CI
`
`12-
`)
`(
`[
`R,S—t-Bu Josuphos,———>
`H2, MeOH, 200 psi, 50°C
`
`2_4
`_
`
`NH2 0
`
`CF3
`
`Mylan (11311202000040) EX. 1010 p. 014
`
`Mylan (IPR2020-00040) Ex. 1010 p. 014
`
`

`

`21409Y
`
`10
`
`15
`
`20
`
`25
`
`30
`
`Step A:
`
`Preparation of 4-oxo-4-l 3-1 trifluoromethyl 1-5,6- dihydrol1,2,4Itriazolo|4,3—a|pyrazin-
`7 8
`- l -1- 24 S—trifluoro hen l butan-2—one 2-3
`
`2,4,5-Trifluorophenylacetic a

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