`
`(12) United States Patent
`Angel et al.
`
`(1o) Patent No.:
`(45) Date of Patent:
`
`US 7,326,408 B2
`*Feb. 5, 2008
`
`(54) TOPICAL ACNE VULGARIS MEDICATION
`WITH A SUNSCREEN
`
`(75)
`
`Inventors: Arturo Angel, Santa Rosa, CA (US);
`David W. Osborne, Santa Rosa, CA
`(US); Gordon J. Dow, Santa Rosa, CA
`(US)
`
`(73) Assignee: Dow Pharmaceutical Sciences,
`Petaluma, CA (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.: 11/823,385
`
`(22)
`
`Filed:
`
`Jun. 27, 2007
`
`(65)
`
`Prior Publication Data
`US 2007/0258919 Al
`Nov. 8, 2007
`
`Related U.S. Application Data
`(62) Division of application No. 11/393,981, filed on Mar.
`29, 2006, now Pat. No. 7,252,816.
`
`(51)
`
`Int. Cl.
`A61Q 17/04
`A61Q 17/00
`A61Q 19/04
`A61Q 19/00
`A61K 8/02
`(52) U.S. Cl.
`
`(2006.01)
`(2006.01)
`(2006.01)
`(2006.01)
`(2006.01)
`424/59; 424/60; 424/400;
`424/401
`(58) Field of Classification Search
`424/59,
`424/60, 400, 401; 514/859
`See application file for complete search history.
`
`5,017,366 A
`5/1991 Stiefel
`5,674,912 A
`10/1997 Martin
`5,679,374 A * 10/1997 Fanchon et al.
`6,153,176 A * 11/2000 Kaleta et al.
`6,217,852 B1
`4/2001 Gildenberg
`3/2002 Bonda
`6,355,261 B1
`8/2007 Angel et al.
`7,252,816 B1 *
`2005/0025727 Al
`2/2005 Lott
`2005/0089485 Al
`4/2005 Stiefel
`2005/0169948 Al
`8/2005 Bernstein
`
`OTHER PUBLICATIONS
`
`424/450
`424/60
`
`424/59
`
`Brisaert M, Investigation on the Photostability of a Tretinoin Lotion
`and Stabilization with Additives, Int. J. Pharm, 199(1):49 -57 (2000)
`(Abstract only).
`Cullen SI, Tretinoin- sunscreen Mixture in the Treatment of Acne
`Vulgaris, Cutis, 41(4):289 -291 (1988) (Abstract only).
`Cunliffe WJ, A Double -blind Investigation of the Potential Systemic
`Absorption of Isotretinoin, when Combined with ... , Acta Derm
`Venereol, 81(1):14 -17 (2001) (Abstract only).
`Eide B, Skin Cancer Awareness and Sun Protection Behaviors in
`College Students, J. Am. Acad. Dermatol., Abstract P1321 (Mar.
`2005).
`Kullawanijaya P, Photoprotection, J. Am. Acad. Dermatol., 52:937-
`958 (2005).
`Papageorgiou PP, Chloroxylenol and zinc oxide containing cream
`(Nels cream) vs. 5% benzoyl peroxide cream in ... , Clin. Exp.
`Dermatol., 25(1):16 -20 (2000) (Abstract only).
`Stiefel Laboratories, Inc., Rosac Cream with Sunscreens, Product
`Information (2004).
`Sirius Laboratories, Inc., Nicomide and Nicomide -T, Product Infor-
`mation (2003).
`Tan, JKL, A new formulation containing sunscreen (SPF -15) and
`1% Metronidazole (Rosalol Cream) in the treatment of Rosacea,
`Skin Therapy Letter, 6(8):1- 2(2001).
`Tan JK, Randomized placebo -controlled trial of metronidazole 1%
`cream with sunscreen SPF 15 in treatment of rosacea, J. Cutan.
`Med., Surg., 6(6):529 -534 (2002) (Abstract only).
`
`* cited by examiner
`Primary Examiner- Shelley A. Dodson
`(74) Attorney, Agent, or Firm -Howard Eisenberg, Esq.
`
`(57)
`
`ABSTRACT
`
`(56)
`
`References Cited
`
`U.S. PATENT DOCUMENTS
`
`3,969,516 A *
`4,505,896 A
`4,671,956 A
`4,959,213 A
`
`7/1976 Stoughton
`3/1985 Bernstein
`6/1987 Bouillon
`9/1990 Brod
`
`Increased compliance in the use of topical sunscreens is
`obtained by combining a topical sunscreen agent in a
`formulation containing an antibacterial medication such as
`azelaic acid or an antibiotic.
`
`514/24
`
`21 Claims, No Drawings
`
`AMN 1042
`Amneal v. Almirall, LLC
`IPR2019-00207
`
`
`
`4
`
`US 7,326,408 B2
`
`1
`TOPICAL ACNE VULGARIS MEDICATION
`WITH A SUNSCREEN
`
`This application is a divisional application of pending
`U.S. patent application Ser. No. 11/393,981, filed on Mar.
`29, 2006 now U.S. Pat. No. 7,252,816.
`
`5
`
`FIELD OF THE INVENTION
`
`The invention pertains to the field of topically applied
`medications used to treat acne vulgaris.
`
`io
`
`BACKGROUND OF THE INVENTION
`
`15
`
`20
`
`It is well established that both acute and chronic sun
`exposure has general detrimental effects to the skin over
`time. Intervention with the use of sunscreens and sunblocks
`at a young age is advocated by dermatologists around the
`world. However compliance is minimal. Avoidance of sun
`exposure early in life is thought to be particularly important
`because the carcinogenic effects of the sun are cumulative
`and are manifested years after the exposure. For children,
`compliance is dependent primarily on the diligence of the
`parents. During the teenage years responsibility shifts to the
`individual, yet teenagers are notoriously noncompliant with
`the use of sunscreens. In fact the "sun exposed appearance"
`is regarded as desirable among teenagers generally. Sun-
`screen use for outdoor activities by adolescents and young
`adults is highly important for healthy skin, i.e., to minimize
`the risk of developing skin cancers and to reduce the
`premature signs of skin aging over time. Therefore, the
`public health need is great to improve and to facilitate the
`regular use of sunscreens among adolescents and young
`adults. It is particularly important to protect the facial area
`which receives intense and repeated sun exposure.
`Recent studies published by the American Academy of
`Dermatology highlight the lack of compliance of young
`adults and teenagers in the use of sunscreens. In a study
`entitled "New American Academy of Dermatology Survey 40
`Finds People Aware of the Dangers of the Sun, But Sun
`Protection Not Necessarily Practiced," Am. Acad. Dermatol.
`(Apr. 29, 2003), it was reported that, although 79% of
`surveyed parents and grandparents apply sunscreen to chil-
`dren when they play outdoors, this number drops to only 45
`34% for independent young people under the age of 25. In
`another study entitled, "New Study Finds High School
`Students Get Enough UV Exposure on an Average Day to
`Cause Sunburn ", Am. Acad. Dermatol. (Apr. 24, 2002), it
`was reported that, when high school students between the 50
`ages of 12 and 17 were provided with Ultraviolet B dosim-
`eters to wear on their wrists, UVB exposure that occurred
`during regular daily activities was sufficient to cause sun-
`burn in some students. Moreover, even though UVB expo-
`sure was less on cloudy days, the amount of UVB exposure 5s
`on these days was higher than expected and 80% of the sun's
`UV rays pass through the clouds. The study also estimated
`that almost 80% of a person's lifetime sun exposure occurs
`before the age of 18 Therefore, reducing the exposure of
`teenagers to harmful rays of the sun is extremely important.
`In another study entitled "Skin Cancer Awareness and Sun
`Protection Behaviors in College Students ", J. Acad. Derma -
`tol., Abstract P1321, page P107 (March 2005), it was
`reported that the majority of college students do not use
`sunscreen on a regular basis. In fact, fully 81% of college 65
`students surveyed reported that they never, rarely, or only
`sometimes use sunscreen.
`
`25
`
`30
`
`35
`
`60
`
`2
`In a recent article, Kullavanijaya, P, and Lim, HW, J. Am.
`Acad. Dermatol., 52:937 -958 (June 2005), incorporated
`herein by reference, review the various types of ultraviolet
`radiation, the harms that these rays can cause upon exposure
`to skin, and various types of sun protective agents that are
`applied to protect the skin. As disclosed by Kullavanijaya
`and Lim, most presently available sunscreen agents are
`effective primarily in blocking UVB rays and are photo -
`labile, that is they are degraded upon exposure to ultraviolet
`radiation. Many of the available sunscreens also induce
`adverse effects such as irritation, allergic contact reactions,
`photoallergy, and phototoxic effects.
`Newer sunscreen agents such as benzene 1,4 -di(3 -meth-
`(MEXORYL
`acid
`ylidene-l0- camphosulfonic
`SX ®,
`L'Oreal, Clichy, France) (described in U.S. Pat. No. 4,585,
`597, incorporated herein by reference), drometriazole trisi-
`loxane (MEXORYL XL ®, L'Oreal, Clichy, France) (de-
`scribed in U.S. Pat. No. 4,585,597), methylene -bis-
`(bisoctrizole,
`tetramethylbutylphenol
`benzotriazoyl
`TINOSORB M ®, Ciba Specialty Chemicals, Basel, Swit-
`zerland) (described in U.S. Pat. Nos. 5,869,030; 5,980,872;
`and 6,521,217, each of which is incorporated herein by
`reference), and bis- ethylhexyloxyphenol methoxyphenol tri-
`azine (anisotriazine, TINOSORB S ®, Ciba Specialty
`Chemicals) (described in U.S. Pat. Nos. 5,869,030; 5,980,
`872; and 6,521,217), as well as the inorganic sunscreen
`agents titanium oxide (TiO2) and zinc oxide (ZnO) are
`reported by Kullavanijaya and Lim to not share these
`disadvantages. These agents are broad spectrum UV absorb-
`ers, are photostable, and have not been found to cause the
`adverse effects associated with other sunscreen agents.
`Acne vulgaris, often referred to as "acne ", is a condition
`that is distinct from and is not related to acne rosacea. Acne
`vulgaris is a disorder of the pilosebaceous follicle. Common
`features of acne vulgaris include increased sebum produc-
`tion, follicular keratinization, colonization by Propionibac-
`teriunz acnes, and localized inflammation.
`Treatment for acne vulgaris is typically with one or more
`of a retinoid, such as tretinoin or isotretinoin, an antibiotic,
`such as clindamycin or erythromycin, or other medication
`such as azelaic acid, a sulfonamide, and antibacterials such
`as benzoyl peroxide. Retinoid compounds increase the sen-
`sitivity of skin to the sun and are often inactivated by
`ultraviolet light. Therefore, retinoid products are recom-
`mended to be used at night or together with a sunscreen.
`Sulfonamides likewise increase the sensitivity of skin to the
`sun and, therefore, may be combined with a sunscreen.
`Benzoyl peroxide is highly reactive and degrades upon
`exposure to the sun. Therefore, benzoyl peroxide may be
`combined with a physical sunscreen to inhibit this sun -
`induced degradation. Such problems have not been associ-
`ated with the use of antibiotics, such as those of the
`lincomycin family, or with azelaic acid or salicylic acid.
`Acne rosacea, often referred to simply as rosacea, is a
`separate distinct dermatological disorder, which is a chronic
`inflammatory skin disorder characterized by enhanced epi-
`dermal proliferation leading to erythema, typically with
`flushing, scaling, and thickening of the skin. Rosacea is
`often exacerbated by exposure to the sun. Therefore, treat-
`ment of rosacea often includes the use of sunscreens. In
`contrast to rosacea, acne vulgaris primarily affects young
`people, during the teenage years and sunscreens have no
`known beneficial role in treating acne vulgaris. In fact many
`sunscreens have been reported to be comedogenic, that is
`they have the potential to induce comedones which are the
`primary lesions of acne vulgaris.
`
`
`
`US 7,326,408 B2
`
`3
`The present invention is directed to methods of treating
`and preventing or inhibiting recurrences of acne vulgaris and
`addresses the significant need for increasing the compliance
`in the application of topical sunscreens in individuals suf-
`fering from or at risk of developing acne vulgaris, primarily s
`teenagers and other adolescents and young adults. In this
`way, chronic effects of overexposure to harmful rays of the
`sun, such as skin cancers, can be greatly reduced.
`
`DESCRIPTION OF THE INVENTION
`
`lo
`
`25
`
`20
`
`The present invention addresses a problem that has not
`been adequately addressed in the prior art and provides a
`solution to that problem that is distinct from the prior art.
`The present invention, in its several embodiments, provides 15
`a solution to the problem of how to increase compliance in
`the use of sunscreens, primarily in young people who
`typically receive a high proportion of their lifetime sun
`exposure before the age of 20 and who are notoriously
`non -compliant in the use of sunscreens, especially to the
`facial areas.
`Although the prior art discloses compositions containing
`certain antibacterial compounds (erythromycin or sulfaceta-
`mide) in combination with a sunscreen, the sunscreens in
`these products are provided either to reduce phototoxic
`effects of an anti -acne medication or to reduce the sun -
`induced degradation of the medication. The sunscreens in
`these compositions were not directed to the problem of
`reducing facial sun exposure to the individual, except as
`mentioned to reduce harmful effects of the antibacterial 30
`compounds present
`composition. Accordingly,
`in the
`because the prior art is not concerned with the problem of
`protection from daily sun exposure in the adolescent and
`young adult populations, the prior art does not disclose
`sunscreens that are photostable to be combined with these 3s
`antibacterial compounds.
`In contrast, the present invention addresses the problem of
`lack of compliance in the use of sunscreens, which sun-
`screens are utilized to protect an individual from the harmful
`effects due to exposure to the sun. Therefore, certain 40
`embodiments utilize a photostable sunscreen agent, as
`described in more detail below.
`The invention, in one embodiment, is a composition for
`the topical treatment of acne vulgaris. According to this
`embodiment of the invention, the composition contains one 45
`or more sunscreen agents, such as a photostable broad
`spectrum sunscreen agent, and one or more anti -acne vul-
`garis chemical agents selected from an antibiotic, like an
`antibiotic of the lincomycin family, such as lincomycin
`hydrochloride, lincomycin phosphate, clindamycin phos- so
`phate, and clindamycin hydrochloride, azelaic acid, and
`salicylic acid. Typically, the anti -acne vulgaris agent and the
`sunscreen agent are dissolved or suspended in a vehicle,
`such as water, alcohol, or propylene glycol. The composition
`of the invention is preferably used in single daily or multiple ss
`times daily application to the facial area. Preferably, appli-
`cation is once daily, preferably in the morning. The form of
`the drug product may be a gel, spray, foam, lotion or other
`dosage form that is cosmetically acceptable for use on the
`face and which is easily spreadable on the skin. It
`is 60
`preferred to apply the composition of the invention uni-
`formly to all of the acne prone and sun exposed facial and
`neck areas to optimally treat acne and to reduce the inci-
`dence and severity of sunburn and chronic skin damage from
`solar radiation. The composition of the invention should be 65
`spread uniformly on the skin, such as by using the hands and
`fingers, to completely cover the intended areas of treatment.
`
`4
`If the acne medication is used twice daily, the preferred
`times of application are morning and midday, that is during
`the hours of sunlight.
`The invention is not intended to be used for "spot treat-
`ment" of individual acne lesions. Rather, the method of
`treatment of the invention involves application to broad
`areas of the face and neck.
`In a preferred embodiment, the composition further con-
`tains an antioxidant. It has been unexpectedly discovered
`that combining an antioxidant in a composition containing
`an antibiotic of the lincomycin family such as clindamycin,
`and a sunscreen agent, such as a photostable broad spectrum
`sunscreen like zinc oxide, titanium oxide, or Tinosorb M
`provides a more stable composition with reduced degrada-
`tion of the clindamycin during storage. A preferred antioxi-
`dant is sodium thiosulfate. Other suitable antioxidants
`butylated
`include
`hydroxyanisole
`butylated
`(BHA),
`hydroxytoluene (BHT), sodium metabisulfite, ascorbic acid,
`ascorbyl palmitate, thiourea, acetylcysteine, dithiothreitol,
`cysteine hydrochloride, propyl gallate, and the tocopherols.
`The invention, in another embodiment, is a method for
`topically treating acne vulgaris. Concomitantly, the skin is
`protected from exposure to the sun. According to this
`embodiment of the invention, a composition containing one
`or more sunscreen agents, such as a photostable broad
`spectrum sunscreen agent, and one or more anti -acne chemi-
`cal agents, such as azelaic acid or salicylic acid, or an
`antibiotic like a member of the lincomycin family, such as
`lincomycin hydrochloride, lincomycin phosphate, clinda-
`mycin phosphate, and clindamycin hydrochloride, is applied
`to the skin of a subject suffering from or at risk of developing
`skin lesions due to acne vulgaris.
`The invention, in another embodiment, is a method for
`increasing the compliance by individuals such as teenagers
`and young adults, that is individuals between the ages of 10
`and 25, such as between the ages of 13 and 20, and
`especially those individuals less than 20 years old, in the
`application of sunscreen, especially to the skin of the face.
`Adolescents and young adults are often susceptible to, or are
`suffering from, acne vulgaris and are highly motivated to
`apply medication faithfully to treat or to combat this con-
`dition. By combining a sunscreen, such as a photostable
`broad spectrum sunscreen agent, in a formulation containing
`an anti -acne vulgaris medication, such as azelaic acid or
`salicylic acid, or an antibiotic like an antibiotic of the
`lincomycin family, such as lincomycin hydrochloride, lin-
`comycin phosphate, clindamycin phosphate, and clindamy-
`cin hydrochloride, such individuals will be concomitantly
`applying a sunscreen, even though such individuals would
`be less likely do so if the sunscreen were not combined with
`the anti -acne medication.
`As used herein, the term "sunblock" refers to physical
`sunscreening agents that block exposure of the skin to
`ultraviolet light. As used herein, the term "sunscreen" or
`"sunscreen agent" refers to either a physical sunscreen (a
`sunblocking agent) or a chemical sunscreen. Thus, the term
`"sunscreen" is broader than the term "sunblock" and encom-
`passes the term "sunblock ". As used herein, the term "sun-
`screen formulation" refers to a formulation that contains a
`sunscreen and additional components.
`As used herein, the terms "photostable sunscreen agent"
`and "photostable sunscreen formulations" refer to a sun-
`screen agent or to a formulation containing a sunscreen
`agent which agent or formulation absorbs ultraviolet radia-
`tion at a level that is 50% or higher of the W absorbance
`of the agent or formulation prior to irradiation following
`exposure of a 0.5 ml sample per square centimeter (cm2) in
`
`
`
`US 7,326,408 B2
`
`5
`a quartz petri dish of a formulation containing a sunscreen
`agent to irradiation of 200 watt-h/m2 from a xenon lamp
`source that correlates to the full spectrum of outdoor sun-
`light as specified in the International Standard for Outdoor
`Daylight D65. The photostable sunscreen formulation may
`contain a sunscreen agent which is stable as it exists within
`the formulation but which is unstable inherently. Thus, a
`formulation is considered to be a photostable sunscreen
`formulation if it contains a sunscreen that is inherently
`unstable but is photostable, as defined above, when com-
`bined with one or more components present in the formu-
`lation.
`Sunscreen agents and sunscreen formulations that are
`suitable for the present invention are photostable as defined
`above. It is preferred, however, that the photostable sun-
`screen agents and photostable sunscreen formulations that
`are used in accordance with the invention be even more
`stable than that defined above. In a preferred embodiment,
`the sunscreen agent or sunscreen formulation absorbs ultra-
`violet radiation at a level that is 75% or higher following the
`exposure to the xenon lamp source. This level of photosta-
`bility is referred to herein as "75% photostability." It is most
`preferred that the sunscreen agents or sunscreen formula-
`tions absorb ultraviolet radiation at a level that is 90% or
`higher following exposure to the xenon lamp source,
`referred to herein as "90% photostability."
`As used herein, a "broad spectrum sunscreen agent" is a
`chemical compound that absorbs or blocks exposure of both
`UVB (280 to 320 nm) and UVA (320 to 400 nm). A chemical
`compound is a broad spectrum sunscreen agent as defined
`herein if can be formulated to produce an SPF (Sun Protec-
`tion Factor) of 5 to 10, as determined in accordance with the
`Testing Procedure specified in 21 C.F.R. Sec. 352.70- 352.77
`(Subpart D- Testing Procedures), and has a UV A/UV -B ratio
`at least 0.75, or if can be formulated to produce an SPF of
`>10 to 15 and has a UV -A/UV B ratio at least 0.50, or if it
`can be formulated to produce an SPF of >15 to 25 and has
`a UV A/UV B ratio at least 0.33, or if it can be formulated
`to produce an SPF of >25 and has a UV A/UV -B ratio at
`least 0.25. The UV -A/UV B ratio is calculated as the ratio
`between the areas defined by the UV-A and UV B extinction
`capacity, as shown in the following formula wherein
`A= absorbance and k= wavelength:
`
`A(À)dA/
`
`A
`
`I:0
`
`00
`
`320
`
`dl
`
`dA
`
`As used herein, "a broad spectrum sunscreen formula-
`tion" is a formulation that absorbs or blocks exposure of
`both UVB and UVA radiation according to the definition
`above for a broad spectrum sunscreen agent. Such a formu-
`lation may contain one or more broad spectrum sunscreen
`agents or may contain a multiplicity of sunscreen agents that
`individually are not broad spectrum agents but, when com-
`bined in a formulation, provide a broad spectrum sunscreen
`function.
`Examples of sunscreen agents that are broad spectrum
`photostable sunscreen agents include inorganic sunscreen
`agents such as titanium oxide and zinc oxide and tautomeric
`sunscreen agent compounds such as MEXORYL SX ®,
`MEXORYL XL *, bisoctrizole, and anisotriazine.
`As a way to improve the sunscreen usage of teenagers and
`young adults, this invention embodies a sunscreen, such as
`a photostable broad spectrum sunscreen, as a second active
`
`6
`component along with a topical acne medication. Adoles-
`cents and young adults are very commonly afflicted with
`acne vulgaris and are generally motivated to use preventa-
`tive topical medications to control acne and maintain their
`5 appearance in a positive way. Acne afflicts the face and neck
`areas primarily and these areas are also the skin areas with
`the greatest degree of chronic sun exposure.
`Additionally patients being treated for acne are at addi-
`tional risks from sun exposure due to the detrimental effect
`to of sun exposure in combination with commonly used acne
`medications, both topical and oral. Thus, this invention
`piggybacks the use of a sunscreen, which is not perceived by
`teenagers and young adults to be important, on the use of a
`topical acne medication, which is perceived to be important.
`15 Any sunscreen or sun block combined with an antibacterial
`medication embodies this invention in its broad conception.
`In accordance with a preferred embodiment of the inven-
`tion, the sunscreen is a broad spectrum sunscreen agent or
`combination of agents. The broad spectrum sunscreen may
`20 an inorganic sunscreen agent, such as one or more of zinc
`oxide (ZnO), titanium oxide (Ti02), or ferric oxide (Fe2O3),
`which may be in a micronized form. These sunscreen are
`effective against exposure to UVA (ultraviolet -A) and UVB
`(ultraviolet -B) light. Alternatively, the sunscreen may be an
`25 organic sunscreening agent. An example of an organic
`sunscreen that is suitable for the invention is a benzotriazole
`sunscreen, such as methylene bis- benzotriazolyl tetrameth-
`ylbutyl phenol (MBBT), marketed under the trade name
`TINOSORB® M (Ciba Specialty Chemicals, Inc., Basel,
`30 Switzerland). Other suitable but less preferred organic sun -
`screening agents include para- aminobenzoic acid (PABA)
`and derivatives, anthranilates, benzophenones, cinnamates
`including octylmethoxycinnamate, and salicylates. Other
`preferred organic sunscreen agents are a camphor derivative
`35 such as terephthalylidene dicamphor sulfonic acid, marketed
`under the trade name MEXORYL® SX (L'Oreal USA, New
`York N.Y.), and ibenzoylmethanes such as butyl methoxy-
`dibenzoylmethane (PARSOL® 1789, AVOBENZONE ®,
`Givaudon -Roure Corporation, Totowa, N.J.). A less pre -
`40 ferred organic broad spectrum sunscreen agent is oxyben-
`zone, also known as benzophenone, because of recent find-
`ings that oxybenzone is associated with a high incidence of
`skin irritation and is absorbed through the skin into the
`systemic circulation. The choice and concentration of sun -
`45 screens should be made in such a way to achieve a sun
`protection factor (SPF) of at least about 5, preferably at least
`about 10, and most preferably about 15 or more.
`It is also preferred that the sunscreen agent or that the
`formulation of the invention containing a sunscreen agent be
`50 non- comedogenic. A sunscreen agent or formulation may be
`determined to be non -comedogenic by the following test.
`The comedogenicity test is conducted using semi- occlu-
`sive patches on the backs of 20 human volunteers. Subjects
`exhibiting follicular hyperkeratosis (microcomedones) with
`55 a grade 0.5 to 1.0 are suitable for inclusion in the study.
`Microcomedones are graded on a scale of 0 to 3 with
`0 -none, 0.5= slight (tiny horny masses), 1 =mild (small
`horny masses involving at least half of the follicles), 2mod-
`erate (moderately sized horny masses over most of the field)
`to and 3= severe (large globoid microcomedones over the entire
`field) based on follicular biopsy samples from the test area
`of the back. (Mills, Ohio, The follicular biopsy. In Serup J,
`Jemec GBE (eds) Handbook of Non -Invasive Methods and
`the Skin. CRC Press, Baca Raton, La. (1995)). Follicular
`65 biopsies are conducted at baseline (up to 45 days prior to
`study start) and at study end. If a subject has an irritation
`score of more than 1 at study end, a rest period is given until
`
`
`
`US 7,326,408 B2
`
`7
`the initiation score is 1 or less, at which time the final
`follicular biopsy is performed.
`Semi -occlusive patches with 0.1 ml of test product are
`applied 3 times per week and left in place for 48 -72 hours
`before reapplication to the same site for a 4 week period.
`Assessments of irritation are made on a 6 -point scale with
`0=no sign of irritation, 0.5= barely perceptible redness,
`1= slight redness, 2= noticeable erythema with slight infiltra-
`tion, 3= erythema with marked edema, or 4= erythema with
`edema and blistering. A negative control which is a non-
`occlusive patch without any test material is applied. The
`average microdomedone scores for the negative control and
`the test material are calculated separately by dividing the
`total of the score by the number of test subjects. A test
`material is judged to be non -comedogenic if the average
`score is not more than 0.5 units higher than the negative
`control.
`The acne medication that is useful in the present invention
`is azelaic acid or salicylic acid, or an antibiotic. The acne
`medication of the present invention is preferably one that is
`photostable and that does not increase sensitivity of the skin
`to sun exposure. As used herein, the terms "photostable" in
`reference to the acne medication means that the acne medi-
`cation retains at least 75% of its activity following exposure
`of the medication in a 0.5 ml sample per square centimeter
`(cm') in a quartz petri dish of a formulation containing the
`acne medication agent to irradiation of 200 watt-h/m2 from
`a xenon lamp source that correlates to the full spectrum of
`outdoor sunlight as specified in the International Standard
`for Outdoor Daylight D65.
`Preferred antibiotics include macrolide antibiotic includ-
`ing erythromycin, azithromycin, clarithromycin, tilmicosin,
`and tylosin, and lincomycin -type antibiotics such as clinda-
`mycin hydrochloride, clindamycin phosphate, lincomycin
`phosphate, or lincomycin hydrochloride. Additional topical
`anti -acne active ingredients may be contained in the com-
`position of the invention if desired in combination with the
`salicylic acid, azelaic acid, or antibacterial compound. Such
`additional topical anti -acne active ingredients include but
`are not limited to one or more additional antibiotics, salicylic
`acid, azelaic acid, niacinamide, urea peroxide, and retinoids
`such as tretinoin, adapalene and tazarotene.
`Preferably, the topical acne medication is photostable and
`does not increase the incidence of adverse reactions to sun
`exposure, such as occurs commonly with sulfonamides and
`tetracycline. In topical compositions containing such medi-
`cations, such as ROSAC® Cream (Stiefel Laboratories, Inc.,
`Coral Gables, Fla.), a sunscreen is included to prevent the
`deleterious effects of the sun's radiation in combination with
`a sulfonamide. This is in contrast to the present invention in
`which a sunscreen is utilized for its effect in preventing
`damage to an individual caused by exposure to the sun and
`in which the anti -acne medication in the composition is not
`degraded by the sun and does not induce adverse effects to
`an individual when exposed to the sun. Therefore, medica-
`tions that degrade due to sun exposure or that result in injury
`to an individual upon exposure to the sun, such as sulfona-
`mides and tetracycline, are expressly excluded from the
`scope of the present invention.
`Additionally, certain skin care compounds, such as ben -
`zoyl peroxide, are reactive and degrade due to exposure to
`sun. For that reason, these compounds may be combined in
`a composition with a sun filter. See Bouillon, et al, U.S. Pat.
`No. 4,671,956. Compositions containing benzoyl peroxide
`are expressly excluded from the scope of the present inven-
`tion.
`
`20
`
`8
`The amount and concentration of sunscreen in the com-
`position will vary depending on the particular sunscreen
`present but is an amount and concentration which is effective
`to protect an individual from the UV radiation. Similarly, the
`5 amount and concentration of the anti -acne medication will
`vary depending on the particular anti -acne medication in the
`composition but is an amount that is effective to treat,
`prevent, or reduce the symptoms of acne vulgaris.
`For an optimally effective sunscreen formulation, two or
`io more active sunscreen ingredients may be combined in a
`composition in order to attain both the breadth of sunscreen
`protection (UVB and UVA) as well as to achieve sufficient
`SPF. There are a great many sunscreen ingredients listed in
`the FDA's OTC monograph of approved sunscreen active
`15 ingredients in addition to the sunscreens that are described
`herein. However, as described above, it is preferred that the
`composition of the invention contain a broad spectrum
`sunscreen effective against both UVA and UVB. It is further
`preferred that the sunscreen is photostable.
`Further, there are a multitude of anti -acne ingredients that
`may be used in the topical treatment and prevention of acne.
`The anti -acne ingredients, such as salicylic acid, azelaic acid
`or an antibiotic, may be used singly in the formulation of the
`invention or in combination with one or more other anti -
`25 acne ingredients, such as those listed above. One important
`factor in utilizing the compositions and methods of the
`present invention is the selection of anti -acne ingredients
`and sunscreen ingredients that are compatible with and that
`are stable within the selected vehicle. There can be physical
`30 and chemical incompatibilities wherein one active ingredi-
`ent adversely affects another or the vehicle. The present
`invention involves stable formulations in which each active
`ingredient is compatible within the formulation. This means
`that the formulation is physically and chemically stable, that
`35 is the physical properties of viscosity, odor, and color of the
`formulation remain substantially unchanged upon storage
`for a period of 12 months at 25° C. and there is no more than
`a 10% loss of any active ingredient (sunscreen agent or
`anti -acne medication) when the formulation is stored for this
`40 period of time at this temperature. Making such formula-
`tions is described herein, and methods for the manufacture
`and testing of such formulations for stability are known to
`those skilled in the art.
`Many anti -acne medications and many sunscreens are
`45 capable of causing skin irritation. Therefore, if a potentially
`irritating anti -acne medication is included in the composi-
`tion of the invention, it is preferred that a non -irritating
`sunscreen or one with a low irritation potential, such as
`titanium dioxide, be included. Likewise, if a potentially
`50 irritating sunscreen is included in the composition, it is
`preferred that the anti -acne medication in the composition
`not be irritating or be only mildly irritating.
`An additional benefit of the invention to persons suffering
`from acne is sun protection, and avoidance of exacerbating
`55 the condition when using a product based on this invention.
`As a result of using the combined product, patients exposed
`to the sun may be effectively treated by the anti -acne
`component and be protected from sun exposure.
`As previously stated, individuals in the typical acne age
`60 group is generally not motivated to use sunscreen products,
`yet are highly motivated to use products to prevent, treat,
`and manage their acne. Acne patients under the care of
`physicians are most commonly given multiple medications
`as par

Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ ChargeStill 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.
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.

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