throbber
PTO/SB/OBA (OB-00)
`Approved for use through 10/31/2002. OMB 0651-0031
`U.S. Patent and Trademark Office: U.S. DEPARTMENT OF COMMERCE
`Under the Paerwork Reduction Act of 1995, no ersons are reuired to resond to a collection of information unless it disla s a valid OMB control number.
`
`INFORMATION DISCLOSURE
`
`
`
`STATEMENT BY APPLICANT
`(use as many sheets as necessary)
`Sheet 1 of 3
`
`Examiner Name
`Attorney Docket Number
`U.S. PATENT DOCUMENTS
`
`Clayto r, Deirdre
`PRD2901USNP
`
`U.S. Patent Document
`
`Examiner
`Initials
`
`'
`
`— Name of Patentee or Applicant
`Kind Code
`fC't d D
`t
`(if known)
`' e
`
`ocumen
`
`0
`
`Date of Publication
`of Cited Document
`mm-dd-yyyy
`
`Pages, Columns, Lines,
`where relevant passages or
`relevant figures appear
`
`10/18/2012
`
`
`elle, William E.
`
`rancois et al.
`
`06/27/2002
`
`08/21/2003
`
`ewyn-Briscoe et al.
`
`05/05/2011
`
`rancois et al.
`
`Foreign Patent Document
`
`FOREIGN PATENT DOCUMENTS
`
`No
`
`xaminer
`.
`.
`E
`Name of Patentee or
`.
`.
`A licant of Cited Document
`'“It'a'S
`_1
`Office3
`Number4
`KindCode5
`pp
`--- 2004/010981 - ALZA Corporation
`WO
`2008/021342
`Teva Pharmaceutical
`
`Industries, LTD.
`
`t
`
`Pages, Columns,
`Publication of
`Lines, where relevant
`I e
`ocumen
`passages or re evan
`C't d D
`l
`t
`-
`mm-dd-yyyy
`figures appear
`02/05/2004 _-
`02/21/2008
`
`WO
`
`2009/025859
`
`Teva Pharmaceutical
`
`02/26/2009
`
`Industries, LTD.
`--____l
`WO
`2011/053829
`Janssen
`05/05/2011
`Pharmaceutica NV
`
`Date
`Examiner
`Considered
`Sionature
`*EXAMINER: Initial if reference considered, whether or not citation is in conformance with MPEP 609. Draw line through citation if not in conformance and not
`considered. Include copy of this form with next communication to applicant.
`
`1 Unique citation designation number. 2 See attached Kinds of U.S. Patent Documents. 3 Enter Office that issued the document, by the two-letter
`code (WIPO Standard ST.3). 4 For Japanese patent documents, the indication of the year of the reign of the Emperor must precede the serial
`number of the patent document. 5 Kind of document by the appropriate symbols as indicated on the document under WIPO Standard ST. 16 if
`possible. eApplicant is to place a check mark here if English language Translation is attached.
`
`Mylan V. Janssen (IPR2020-00440) EX. 1019 Part 2, p. 315
`
`Mylan v. Janssen (IPR2020-00440) Ex. 1019 Part 2, p. 315
`
`

`

`PTO/SB/OBA (08-00)
`Approved for use through 10/31/2002. OMB 0651-0031
`US. Patent and Trademark Office: US. DEPARTMENT OF COMMERCE
`Under the Paerwork Reduction Act of 1995, no ersons are reuired to resond to a collection of information unless it disla s a valid OMB control number.
`Subs‘im‘e f°' f°'"‘ 1449””
`
`INFORMATION DISCLOSURE
`STATEMENT BYAPPLICANT
`("59 as many sheets as necessary)
`Sheet 2 of 3
`
`-——
`G Am“
`1627
`
`Examiner Name
`Claytor, Deirdre
`Attorney Docket Number
`PRD2901USNP
`
`Examiner‘s
`Initials*
`
`'
`
`.
`
`OTHER PRIOR ART - NON PATENT LITERATURE DOCUMENTS
`
`Include name of the author (in CAPITAL LETTERS), title of the article (when appropriate), title of the item
`(book, magazine, journal, serial, symposium, catalog, etc.), date, page(s), volume-issue number(s),
`oublisher, cit and/or countr where oublished
`
`m
`
`
`
`New Drug Application (NDA) dated October 25, 2007 submitted under section
`505(b) of the Federal Food, Drug, and Cosmetic Act for Invega Sustenna
`(paliperidone palmitate) 39mg, 78mg, 117mg, 156mg, and 234 mg extended-
`release in'ectable suspension
`Supplemental New Drug Application (sNDA) dated March 14, 2011, submitted
`under section 505(b) of the Federal Food, Drug, and Cosmetic Act (FDCA) for
`Invega Sustenna (paliperidone palmitate) extended-release injectable suspension,
`
`39 mg, 78 mg, 117 mg, 156 mg, and 234 mg
`
`Alphs et al. Annals of General Psychiatry 2011, 10:12
`Altamura et al., Intramuscular preparations of antipsychotics: uses and relevance in
`clinical oractice. Dru-s. 2003; 63 5 : 493-512
`Berwaerts et al., Journal of Affective Disorders 138 2012 247—258
`Canuso et al. 2010, Expert Opinion Pharmacother., Volume 11 (15), pages 2557-
`2567.
`
`Cleton et al., ASSESSMENT OF THE DOSE PROPORTIONALITY OF
`PALIPERIDONE PALMITATE 25, 50, 100 AND 150 MG EQ., A NEW LONG-
`ACTING INJECTABLE ANTIPSYCHOTIC FOLLOWING ADMINISTRATION IN THE
`
`DELTOID OR GLUTEAL MUSCLES, PI-74, Clinical Pharmacology & Therapeutics,
`Volume 83, Supplement 1, MARCH 2008, S31
`Ereshefsky L., Pharmacokinetics and drug interactions: update for new
`antips chotics. J Clin Ps chiatr . 1996;57 Suppl 11:12-25
`Gefvert et al. Pharmacokinetics and D2 receptor occupancy of long-acting
`injectable risperidone (Risperdal Consta) in patients with schizophrenia. Int J
`
`Neuropsychopharmacol. 2005; 8(1): 27-36
`Kane et al., Guidelines for depot antipsychotic treatment in schizophrenia.
`European Neuropsychopharmacology Consensus Conference in Siena, Italy. Eur
`Neuropsychopharmacol. 1998; 8(1): 55-66
`Levron et al., Clinical pharmacokinetics of haloperidol decanoate. Comparison with
`other prolonged-action neuroleptics. Encephale. 1987; 13(2): 83-7 [see English
`Summar as provided]
`Markowitz et al., “Benefit-Risk Assessment of Maintenance Therapy in
`Schizophrenia Comparing Long-Acting Injectable (LAI) Paliperidone Palmitate with
`Paliperidone ER”, Presented at the 164th Annual Meeting of the American
`Psychiatric Association, May 14-18, 2011, Honolulu, HI, USA
`
`Examiner
`Sionature
`*EXAMINER: Initial if reference considered, whether or not citation is in conformance with MPEP 609. Draw line through citation if not in conformance
`and not considered. Include copy of this form with next communication to applicant.
`
`Date
`Considered
`
`Mylan V. Janssen (IPR2020-00440) EX. 1019 Part 2, p. 316
`
`Mylan v. Janssen (IPR2020-00440) Ex. 1019 Part 2, p. 316
`
`

`

`PTO/SB/OBA (08-00)
`Approved for use through 10/31/2002. OMB 0651-0031
`US. Patent and Trademark Office: US. DEPARTMENT OF COMMERCE
`Under the Paerwork Reduction Act of 1995, no ersons are reuired to resond to a collection of information unless it disla s a valid OMB control number.
`Subs‘im‘e f°' f°'"‘ 1449””
`
`INFORMATION DISCLOSURE
`STATEMENT BYAPPLICANT
`("59 as many sheets as necessary)
`Sheet 3 of 3
`
`-——
`G Am“
`1627
`
`Examiner Name
`Claytor, Deirdre
`Attorney Docket Number
`PRD2901USNP
`
`Examiner‘s
`Initials*
`
`'
`
`.
`
`OTHER PRIOR ART - NON PATENT LITERATURE DOCUMENTS
`
`Include name of the author (in CAPITAL LETTERS), title of the article (when appropriate), title of the item
`(book, magazine, journal, serial, symposium, catalog, etc.), date, page(s), volume-issue number(s),
`oublisher, cit and/or countr where oublished
`
`Mauri et al., Clinical pharmacokinetics of atypical antipsychotics: a critical review of
`the relationship between plasma concentrations and clinical response. Clin
`Pharmacokinet. 2007;46 5 :359-88
`Pandina et al., Progress in Neuro-Psychopharmacology & Biological Psychiatry 35
`2011 218—226
`
`Sheehan et al., Comparison of the Peak-to-trough Fluctuation in Plasma
`Concentration of Long-acting Injectable Antipsychotics and Their Oral Equivalents,
`
`lnnov Clin Neurosci. 2012;9(7—8):17—23
`Vermeir et al., Absorption, metabolism, and excretion of paliperidone, a new
`
`monoaminergic antagonist, in humans. Drug Metab Dispos. 2008 Apr;36(4):769-79
`
`
`
`
`
`
`
`
`
`
`
`
` _
`
`
`_________
`
`
`
`Examiner
`Sionature
`
`Date
`Considered
`
`*EXAMINER: Initial if reference considered, whether or not citation is in conformance with MPEP 609. Draw line through citation if not in conformance
`and not considered. Include copy of this form with next communication to applicant.
`
`Mylan V. Janssen (IPR2020-00440) EX. 1019 Part 2, p. 317
`
`Mylan v. Janssen (IPR2020-00440) Ex. 1019 Part 2, p. 317
`
`

`

`12/337,144
`A o olication Number
`
`Filing Date
`12/17/2008
`First Named Inventor
`An Vermeulen
`
`SUBMISSION UNDER MPEP 609.06
`
`pa . e 1 Of 1
`
`Grow A” Unit
`Examiner Name
`Attorney Docket Number
`U.S. PATENT DOCUMENTS
`U.S. Patent Document
`
`Claytor, Deirdre
`PRD2901USNP
`
`Examiner
`
`Name of Patentee or Applicant
`
`Lewyn-Briscoe et al.
`
`Number
`
`13/903,638
`(PRD3131USDIV1)
`
`0 e
`”1
`(if known)
`
`Pages, Columns, Lines,
`where relevant passages or
`relevant figures appear
`
`
`of Cited Document
`
`FOREIGN PATENT DOCUMENTS
`Foreign Patent Document
`
`Name of Patentee or
`Applicant of Cited Document
`
`Number4
`
`KindCode5
`
`Pages, Columns, Lines,
`where relevant passages
`or relevant figures
`appear
`
`
`
`Examiner‘s
`Initials*
`
`Cite
`No.1
`
`OTHER PRIOR ART - NON PATENT LITERATURE DOCUMENTS
`Include name of the author (in CAPITOL LETTERS), title ofthe article (when appropriate),
`title of the item (book, magazine, journal, serial, symposium, catalog, etc.), date, page(s),
`volume-issue number s , uublisher, cit and/or countr where uublished
`International Search Report Re: International Application No.:
`PCT/U82010/054807 dated Januar 11, 2011 PRD3131WOPCT .
`Office Action mailed February 28, 2013 in US Serial No. 12/916910;
`Attorne Docket No. PRD3131USNP
`
`
`
`
`Examiner
`Sinature
`
`Date
`Considered
`
`Mylan V. Janssen (IPR2020-00440) EX. 1019 Part 2, p. 318
`
`Mylan v. Janssen (IPR2020-00440) Ex. 1019 Part 2, p. 318
`
`

`

`(12) INTERNATIONAL APPLICATION PUBLISHED UNDER THE PATENT COOPERATION TREATY (PCT)
`
`(19) World Intellectual Property
`Organization
`International Bureau
`
`
`
`(43) International Publication Date
`5 February 2004 (05.02.2004)
`
`(10) International Publication Nmnber
`
`WO 2004/010981 A1
`
`(51)
`
`International Patent Classificati0n7:
`3 1/506, A61P 25/18
`
`A61K 9/24,
`
`(21)
`
`International Application Number:
`PCT/US2003/023433
`
`International Filing Date:
`
`28 July 2003 (28.07.2003)
`
`Filing Language:
`
`Publication Language:
`
`English
`
`English
`
`Priority Data:
`60/399,590
`60/406,005
`
`29 July 2002 (29.07.2002)
`26 August 2002 (26.08.2002)
`
`US
`US
`
`Applicant: ALZA CORPORATION [US/US]; 1900
`Charleston Road, P.O. Box 7210, Mountain View, CA
`94039—7210 (US).
`
`Inventors: YAM, Noynli, V.; 386 Dennis Avenue, Sunny—
`vale, CA 94086 (US). REYES, Iran; 3276 Meridian Av—
`enue, San Jose, CA 95124 (US). DAVAR, Nipun; 34575
`Melissa Terrace, Fremont, CA 94555 (US). AYER, Atul,
`D.; 931 Bautista Court, Palo Alto, CA 94303 (US). LEE,
`Julie; 994—B La Mesa Terrace, Sunnyvale, CA 94086 (US).
`
`(22)
`
`(25)
`
`(26)
`
`(30)
`
`(71)
`
`(72)
`
`(74)
`
`(81) Designated States (national): AE, AG, AL, AM, AT, AU,
`AZ, BA, BB, BG, BR, BY, BZ, CA, CH, CN, CO, CR, CU,
`CZ, DE, DK, DM, DZ, EC, EE, ES, El, GB, GD, GE, GH,
`GM, HR, HU, ID, IL, IN, IS, JP, KE, KG, KP, KR, KZ, LC,
`LK, LR, LS, LT, LU, LV, MA, MD, MG, MK, MN, MW,
`MX, MZ, NI, NO, NZ, OM, PG, PH, PL, PT, RO, RU, SC,
`SD, SE, SG, SK, SL, SY, TJ, TM, TN, TR, TT, TZ, UA,
`UG, UZ, VC, VN, YU, ZA, ZM, ZW.
`
`(84) Designated States (regional): ARIPO patent (GH, GM,
`KE, LS, MW, MZ, SD, SL, SZ, TZ, UG, ZM, ZW),
`Eurasian patent (AM, AZ, BY, KG, KZ, MD, RU, TJ, TM),
`European patent (AT, BE, BG, CH, CY, CZ, DE, DK, EE,
`ES, FI, FR, GB, GR, HU, IE, IT, LU, MC, NL, PT, RO,
`SE, SI, SK, TR), OAPI patent (BF, BJ, CF, CG, CI, CM,
`GA, GN, GQ, GW, ML, MR, NE, SN, TD, TG).
`
`Published:
`
`with international search report
`before the expiration of the time limit for amending the
`claims and to be republished in the event of receipt of
`amendments
`
`Agent: NELLER, Robert, R.; Alza Corporation, c/o
`Johnson & Johnson, One Johnson & Johnson Plaza,
`WII3221, New Brunswick, NJ 08933 (US).
`
`For tworletter codes and other abbreviations, refer to the ”Guide
`ance Notes on Codes andAbbreviations” appearing at the begin—
`ning of each regular issue of the PCT Gazette.
`
`(54) Title: METHODS AND DOSAGE FORMS FOR CONTROLLED DELIVERY OF PALIPERIDONE
`
`0. 15
`
`RES/DUALS = 1%
`
`MEMBRANE WEIGHT
`
`
`
`STUDY-54 mg
`
`
`
`
`
`
`
`L.
`
`Q E
`
`1
`5,010
`52
`
`N 0
`
`: $
`
`0.05
`0.)
`
`EO
`
`:
`
`2468
`
`10
`
`12
`
`14
`
`16
`
`18 20 22 24
`
`Time, Hours
`
`(57) Abstract: Dosage forms and methods for providing a substantially ascending rate of release of paliperidone are provided.
`The sustained release dosage forms provide therapeutically effective average steady—state plasma paliperidone concentrations when
`administered once per day. This oncerarday dosing regimen results in only one peak plasma paliperidone concentration occurrence
`in each 24 hour period. In addition, the peak plasma paliperidone concentration occurs at a later time following dose administration
`and exhibits a lesser magnitude than the peak plasma paliperidone concentration that occurs following administration of paliperidone
`in an immediate—release dosage form.
`
`Mylan V. Janssen (IPR2020-00440) EX. 1019 Part 2, p. 319
`
`
`
`W02004/010981A1||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||1
`
`Mylan v. Janssen (IPR2020-00440) Ex. 1019 Part 2, p. 319
`
`

`

`WO 2004/010981
`
`PCT/US2003/023433
`
`METHODS AND DOSAGE FORMS FOR CONTROLLED DELIVERY OF
`
`PALIPERIDONE
`
`FIELD OF THE INVENTION
`
`[0001]
`
`This invention pertains to the controlled delivery of pharmaceutical
`
`agents and methods, dosage forms and devices. ,In particular, the invention is
`
`directed to methods, dosage forms and devices for the controlled delivery of
`
`paliperidone, with reduced degradation of the active agent.
`
`1O
`
`BACKGROUND OF THE INVENTION
`
`[0002]
`
`The art is replete with descriptions of oral dosage forms for the
`
`controlled release of pharmaceutical agents. While a variety of sustained '
`
`15
`
`release dosage forms for delivering certain drugs exhibiting short half—life may
`
`be known, not every drug may be suitably delivered from those dosage forms
`
`because of solubility, metabolic processes, absorption and other physical,
`
`chemical and physiological parameters that may be unique to the drug and the
`
`mode of delivery. Examples of such drugs that are not likely candidates for
`
`20
`
`controlled release dosage forms are those exhibiting a long half—life such as
`
`paliperidone.
`
`It has also been found that paliperidone degrades into notable
`
`amounts of impurities. The major degradation products include C-9 ketone, N—
`
`oxides, and various dimmers of its degradants.
`
`[0003]
`
`Paliperidone is more fully described in US Pat. No. 4,804,663. The
`
`25
`
`paliperidone compound differs from risperidone and related prior art
`
`compounds described in US Pat. Nos. 4,352,811 and 4,458,076 by its
`
`substitution on the 1-position of the piperidine moiety.
`
`[0004]
`
`Paliperidone is practically insoluble in water, freely soluble in
`
`methylene chloride and soluble in methanol and 0.1 N hydrochloric acid.
`
`30
`
`Additionally, since paliperidone has a long half-life of about one day, it is not a
`
`typical candidate for extended delivery. However, side effects such as anxiety,
`
`somnolence, dizziness, constipation, extrapyramidal symptoms, may be related
`
`Mylan V. Janssen (IPR2020-00440) EX. 1019 Part 2, p. 320
`
`Mylan v. Janssen (IPR2020-00440) Ex. 1019 Part 2, p. 320
`
`

`

`WO 2004/010981
`
`PCT/US2003/023433
`
`to high blood plasma concentration levels restricting the ability to administer a
`
`single daily immediate release dose.
`
`[0005]
`
`Traditional stability improvements for pharmaceutical agents were
`
`explored including use of antioxidants (increased levels of BHT), and
`
`incorporation of chelating agents. These traditional methods for reducing
`
`degradation proved insufficient.
`
`[0006]
`
`It is expected that the side effects are likely a result of either rate of
`
`rise and/or actual drug blood plasma concentrations exceeding a threshold
`
`maximum tolerable concentration (MTC). However, in order to obtain a
`
`1O
`
`therapeutic effect, concentrations need to be sustained above a minimum
`
`pharmacodynamic concentration (MPG).
`
`[0007]
`
`Another aspect of delivery of paliperidone is that administration may
`
`require low drug loading in the dosage form. Dosage forms may need to
`
`contain drug in the range of 5% to 20% of the overall weight of the dosage
`
`15
`
`form. The low drug loading requirement presents problems in formulating
`
`compositions and fabricating dosage forms that are suitable for oral
`
`administration that deliver at the desired rate of release for an extended period
`
`of time.
`
`[0008]
`
`Prior art osmotic dosage forms mention delivery of risperidone from
`
`20
`
`a liquid gelatin capsule without mention of delivery of paliperidone or of a
`
`preferred rate of delivery or identification of a solid capsule dosage form.
`
`Published patent application by ALZA Corporation, WO 00/35419.
`
`[0009]
`
`Other art discloses delivery of risperidone through transdermal
`
`methods with patches without claiming any rate of release or desired plasma
`
`25
`
`concentration profile. Published patent application by Janssen, WO 96/31201.
`
`Furthermore, this art does not identify delivery of paliperidone much less
`
`delivery of paliperidone through oral controlled release delivery.
`
`[00010] There is also art disclosing delivery of risperidone and/or
`
`paliperidone through injectable implants for long term, multi-day, delivery. This
`
`30
`
`art includes the published patent application by Alkermes WO 01/34120, and
`
`US Pat. Nos. 5,654,008; 5650,173; 5,770,231; 6,077,843; 6,368,632;
`
`6,110,923; 5,965,168; and 5,692,477 by Alkermes. US patents claiming
`
`injectable dosage forms to provide almost zero order delivery include US Pat.
`
`2
`
`Mylan V. Janssen (IPR2020-00440) EX. 1019 Part 2, p. 321
`
`Mylan v. Janssen (IPR2020-00440) Ex. 1019 Part 2, p. 321
`
`

`

`WO 2004/010981
`
`PCT/US2003/023433
`
`Nos. 5,871,778 and 5,656,299 by Yoishitomi Pharmaceutical Industries. This
`
`art does not disclose preferred release rates and does not teach or motivate
`
`toward an ascending rate of release, much less such release through an oral
`
`delivery system.
`
`[00011] Prior art for oral delivery does not address delivery of extended,
`
`controlled release paliperidone.
`
`[00012] Oral controlled release dosage forms include, US Pat. No. 5,536,507
`
`which describes a three component pharmaceutical formulation that utilizes,
`
`inter alia, a pH sensitive polymer and optionally an osmotic agent that will swell
`
`10
`
`in the higher pH regions of the lower portion of the small intestine and the large
`
`intestine to release drug in those environments. Additional components of the
`
`dosage form include a delayed release coating and an enteric coating to
`
`provide a dosage form that releases very little, if any, of the drug in the
`
`stomach, a relatively minimal amount in the small intestine and reportedly
`
`15
`
`about 85% or more in the large intestine. Such a dosage form provides for a
`
`widely varying time-release of drug after administration that may not begin for
`
`1-3 hours until the dosage form has passed from the stomach and an
`
`additional 3 hours or more for the dosage form to pass into the large intestine.
`
`[00013] Exemplary sustained release paliperidone dosage forms, methods of
`
`20
`
`preparing such dosage forms and methods of using such dosage forms
`
`described herein are directed to osmotic dosage forms for oral administration.
`
`[00014]
`
`In addition to osmotic systems as described herein, however, there
`
`are many other approaches to achieving sustained release of drugs from oral
`
`dosage forms known in the art. These different approaches include, for
`
`25
`
`example, diffusion systems such as reservoir devices and matrix devices,
`
`dissolution systems such as encapsulated dissolution systems (including, for
`
`example, “tiny time pills") and matrix dissolution systems, combination
`
`diffusion/dissolution systems and ion-exchange resin systems as described in
`
`Remington’s Pharmaceutical Sciences, 1990 ed., pp. 1682-1685.
`
`30
`
`Paliperidone dosage forms that operate in accord with these other approaches
`
`are encompassed by the scope of the disclosure herein to the extent that the
`
`drug release characteristics and/or the blood plasma paliperidone
`
`3
`
`Mylan V. Janssen (IPR2020-00440) EX. 1019 Part 2, p. 322
`
`Mylan v. Janssen (IPR2020-00440) Ex. 1019 Part 2, p. 322
`
`

`

`WO 2004/010981
`
`PCT/US2003/023433
`
`concentration characteristics as recited herein and in the claims describe those
`
`dosage forms either literally or equivalently.
`
`[00015] Osmotic dosage forms in general utilize osmotic pressure to
`
`generate a driving force for imbibing fluid into a compartment formed, at least
`
`in part, by a semipermeable membrane that permits free diffusion of fluid but
`
`not drug or osmotic agent(s), if present. A significant advantage to osmotic
`
`systems is that operation is pH-independent and thus continues at the
`
`osmotically determined rate throughout an extended time period even as the
`
`dosage form transits the gastrointestinal tract and encounters differing
`
`1O
`
`microenvlronments having significantly different pH values. A review of such
`
`dosage forms is found in Santus and Baker, “Osmotic drug delivery: a review of
`
`the patent literature,” Journal of Controlled Release 35 (1995) 1-21,
`
`incorporated in its entirety by reference herein.
`
`In particular, the following US.
`
`Patents, owned by the assignee of the present application, ALZA Corporation,
`
`15
`
`directed to osmotic dosage forms, are each incorporated in their entirety
`
`herein: Nos. 3,845,770; 3,916,899; 3,995,631; 4,008,719; 4,111,202;
`
`4,160,020; 4,327,725; 4,519,801; 4,578,075; 4,681,583; 5,019,397; and
`
`5,156,850.
`
`[00016] Devices in which a drug composition is delivered as a slurry,
`
`20
`
`suspension or solution from a small exit orifice by the action of an expandable
`
`layer are described in U. 8. Patents Nos. 5,633,011; 5,190,765; 5,252,338;
`
`5,620,705; 4,931,285; 5,006,346; 5,024,842; and 5,160,743, which are
`
`incorporated herein by reference. Typical devices include an expandable push
`
`layer and a drug layer surrounded by a semipermeable membrane.
`
`In certain
`
`25
`
`instances, the drug layer is provided with a subcoat to delay release of the drug
`
`composition to the environment of use or to form an annealed coating in
`
`conjunction with the semipermeable membrane.
`
`[00017] Devices in which a drug composition is delivered in a dry state from a
`
`large exit orifice by the action of an expandable layer are described in
`
`30
`
`US Patent Nos. 4,892,778, 4,915,949 and 4,940,465. Those references
`
`describe a dispenser for delivering a beneficial agent to an environment of use
`
`that includes a semipermeable wall containing a layer of expandable material
`
`that pushes a dry drug layer out of the compartment formed by the wall. The
`
`4
`
`Mylan V. Janssen (IPR2020-00440) EX. 1019 Part 2, p. 323
`
`Mylan v. Janssen (IPR2020-00440) Ex. 1019 Part 2, p. 323
`
`

`

`WO 2004/010981
`
`PCT/U52003/023433
`
`exit orifice in the device is substantially the same diameter as the inner
`
`diameter of the compartment formed by the wall.
`
`[00018] While dosage forms delivering the drug composition to the
`environment of use in the dry state may provide suitable release of drug at
`
`various drug loadings over a prolonged period of time, the exposure of the drug
`layer to the environment of use may result in agitation-dependent release of
`drug that in some circumstances is difficult to control. Accordingly, it may be
`advantageous to release the drug as a slurry or suspension that may be
`metered by control of rate of expansion of the push layer and the size of the
`
`1O
`
`exit orifice in the dosage form as in accordance with this invention.
`
`[00019] US Patent 5,169,638 describes a buoyant controlled release
`pharmaceutical powder formulation to be filled into capsules that uses a pH
`dependent polymer formed from alginic acid and hydroxypropylmethyl cellulose
`to release pharmaceuticals at a controlled rate.
`It appears that this capsule
`formulation was intended to mimic the characteristics of a tableted formulation.
`
`[00020] No description is provided of a formulation that provides the uniform
`release characteristics of. the dosage forms containing paliperidone and related
`
`compounds of the present invention.
`[00021] US Patent Nos. 4,892,778 and 4,940,465, describe a dispenser for
`delivering a beneficial agent to an environment of use that includes a
`
`semipermeable wall containing a layer of expandable material that pushes a
`drug layer out of the compartment formed by the wall. The exit orifice in the
`device is substantially the same diameter as the inner diameter of the
`
`15
`
`20
`
`compartment formed by the wall.
`
`25
`
`[00022] US Patent No. 4,915,949, describes a dispenser for delivering a
`beneficial agent to an environment of use that includes a semipermeable wall
`
`containing a layer of expandable material that pushes a drug layer out of the
`compartment formed by the wall. The drug layer contains discrete tiny pills
`
`dispersed in a carrier. The exit orifice in the device is substantially the same
`diameter as the inner diameter of the compartment formed by the wall.
`
`30
`
`[00023] US Patent No. 5,126,142, describes a device for delivering an
`ionophore to livestock that includes a semipermeable housing in which a
`composition containing the ionophore and a carrier and an expandable
`
`5
`
`Mylan V. Janssen (IPR2020-00440) EX. 1019 Part 2, p. 324
`
`Mylan v. Janssen (IPR2020-00440) Ex. 1019 Part 2, p. 324
`
`

`

`WO 2004/010981
`
`PCT/U52003/023433
`
`hydrophilic layer is located, along with an additional element that imparts
`
`sufficient density to the device to retain it in the rumen—reticular sac of a
`
`ruminant animal. The ionophore and carrier are present in a dry state during
`
`storage and the composition changes to a dispensable, fluid-like state when it
`
`is in contact with the fluid environment of use. A number of different exit
`
`arrangements are described, including a plurality of holes in the end of the
`
`device and a single exit of varying diameter to control the amount of drug
`
`released per unit time due to diffusion and osmotic pumping.
`
`[00024]
`
`Prior to this invention, paliperidone’s related compound, risperidone,
`
`10
`
`was administered in conventional forms, such as a nonrate-controlling, dose-
`
`dumping immediate release tablet, or by a dose—dumping capsule, and usually
`
`at multiple, repetitive dosing intervals throughout the day. The product is
`
`marketed as Risperdal® by Janssen Pharmaceutica Products, L.P. Physicians’
`Desk Reference, Thompson Healthcare, 56th Ed., pp. 1796-1800 (2002).
`
`15
`
`[00025] The Risperdal® mode of therapy, however, continues to lead to an
`
`initial high dose of risperidone in the blood plasma after administration,
`
`followed by a decreased level of risperidone in the blood plasma. Moreover,
`
`this peak and trough occurs twice to three times during a 24—hour period due to
`
`the multiple dosing regimen. The concentration differences in dosing patterns
`
`20
`
`are related to the presence and absence of administered drug, which is a
`
`major disadvantage, associated with this prior dosage form and mode of
`
`administration.
`
`[00026] Conventional dosage forms and their mode of operation, including
`
`dose peaks and valleys, are discussed in Pharmaceutical Sciences,
`
`25
`
`Remington, 18th Ed., pp. 1676-1686 (1990), Mack Publishing 00.; m
`
`Pharmaceutical and Clinical Pharmacokinetics, 3rd Ed., pp. 1-28 (1984), Lea
`
`and Febreger, Philadelphia; and in U.S. Patents Nos. 3,598,122 and
`
`3,598,123, both issued to Zaffaroni.
`
`[00027] A dosage form exhibiting substantially ascending release rate profile
`
`30
`
`is Concerta® marketed by McNeil Consumer Healthcare and ALZA
`Pharmaceuticals. Physicians’ Desk Reference, Thompson Healthcare, 56th
`Ed., pp. 1998—2001 (2002). The Concerta® product, however indicated for
`
`6
`
`Mylan V. Janssen (IPR2020-00440) EX. 1019 Part 2, p. 325
`
`Mylan v. Janssen (IPR2020-00440) Ex. 1019 Part 2, p. 325
`
`

`

`WO 2004/010981
`
`PCT/U52003/023433
`
`once—a-day administration, only delivers at a substantially ascending rate of
`
`release for up to about 8 hours.
`[00028] Patent applications relating to Concerta® include published PCT Pat.
`
`Application No. W099/62496A1. This patent application discloses the
`substantially ascending release rate profile related to Concerta® for delivery
`
`over about 8 hours for once—a-day dosing.
`
`[00029] Related patent applications include published PCT Pat. Application
`
`No. W098/14168; W098/23263; W0 98/06380A2 and US 2001/0012847A1.
`
`[00030]
`
`Still other applications relating to providing increasing rate of release
`
`1O
`
`delivery profile include US 2002/OO35357A1; WO O1/52819A1 and W0
`
`01/37813A2 & A3.
`
`[00031] There remains a need for effective dosing methods, dosage forms
`
`and devices that will permit the controlled release of paliperidone and related
`
`compounds over a prolonged period of time at a substantially ascending rate of
`
`15
`
`release to reduce the amount of the active agent that the patient is exposed to
`
`at any particular time and to increase the time between dosing, preferably to
`
`obtain a once-a-day dosing regimen while reducing associated side effects.
`
`20
`
`SUMMARY OF THE INVENTION
`
`[00032] The present invention is designed for once—a-day administration of
`
`an oral dosage form to deliver paliperidone for more than about 22 hours
`
`utilizing a capsule-shaped tablet. This approximately 22 hours of release is at
`
`a substantially ascending rate of release from the core with 90% delivery
`
`25
`
`occurring at about 20 hours. This novel profile provides therapeutic delivery
`
`above the MPC while keeping the plasma levels below the MTC and low
`
`enough such that side effects will be reduced and the development of
`
`tolerance is increased. This delivery profile provides 24 hours of efficacy
`
`without high plasma levels.
`
`30
`
`[00033] The present invention provides for a substantially ascending release
`
`rate.
`
`It has been surprisingly discovered that the instant profile best provides
`
`efficacious therapy over 24 hours while potentially reducing negative side
`
`effects associated with administration of the drug.
`
`7
`
`Mylan V. Janssen (IPR2020-00440) EX. 1019 Part 2, p. 326
`
`Mylan v. Janssen (IPR2020-00440) Ex. 1019 Part 2, p. 326
`
`

`

`WO 2004/010981
`
`PCT/U52003/023433
`
`[00034] The present invention utilizes a slow, but substantially ascending,
`rate of release when the dosage form is likely to be in the colonic region of the
`
`gastrointestinal (GI) tract. The profile is not previously used to deliver any
`drug, but is designed to increase the therapeutic index of paliperidone.
`
`It has been surprisingly found that the described ascending release
`[00035]
`rate can provide for a substantially ascending blood plasma concentration of
`
`drug with peak concentration occurring later than about 16 hours after
`administration. This ascending blood plasma concentration reduces the
`
`intraday tolerance effect developed.
`
`1O
`
`[00036]
`
`It has been further surprisingly discovered that the addition of an
`
`osmagent, salt, into the first drug layer, but not in the second drug layer,
`
`impacts the delivery profile such that a substantially ascending release rate
`
`results.
`
`It has been further surprisingly discovered that maintaining the ratio
`[00037]
`of the concentration of drug in the first drug layer and the concentration of drug
`
`15
`
`in the second drug layer impacts the delivery profile such that the desired
`
`substantially ascending rate of release results.
`
`[00038] The dosage form utilizes a semipermeable membrane surrounding a
`three-layer core:
`the first layer is referred to as a first drug layer and contains
`
`20
`
`low amounts of drug and an osmotic agent such as salt; the middle layer
`
`referred to as the second drug layer contains higher amounts of drug,
`
`excipients and no salt; and the third layer referred to as the push layer contains
`
`osmotic agents and no drug. At least one orifice is drilled through the
`
`membrane on the first drug layer end of the capsule-shaped tablet.
`
`25
`
`[00039]
`
`In the aqueous environment of the GI tract, water is imbibed through
`
`the semipermeable membrane at a controlled rate determined by the
`
`properties of the membrane and the osmolality of the core consitituents. This
`
`causes the push layer to swell and the drug layers to hydrate and form viscous,
`
`but deformable, masses. The push layer expands against the second drug
`
`30
`
`layer, which in turn pushes against the hydrated first drug layer. The first drug
`layer, followed by the second drug layer, exits the system through the orifice(s)
`in the membrane at the same rate that water is imbibed into the core. The
`
`8
`
`Mylan V. Janssen (IPR2020-00440) EX. 1019 Part 2, p. 327
`
`Mylan v. Janssen (IPR2020-00440) Ex. 1019 Part 2, p. 327
`
`

`

`WO 2004/010981
`
`PCT/U52003/023433
`
`biologically inert components of the tablet remain intact during the GI transit
`
`and are eliminated as a shell along with insoluble core components.
`
`[00040] The dosage form incorporating the present invention is designed to
`
`be a once-a-day dosage form that is therapeutically effective while providing
`
`increased stability.
`
`[00041]
`
`In still another aspect, the invention comprises a dosage form
`
`comprising a membrane defining a compartment, the membrane surrounding
`
`an inner protective subcoat, at least one exit orifice formed or formable therein
`
`and at least a portion of the membrane being semipermeable; an expandable
`
`1O
`
`layer located within the compartment remote from the exit orifice and in fluid
`
`communication with the semipermeable portion of the membrane; a first drug
`
`layer located adjacent the exit orifice; and a second drug layer located within
`
`

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