Modified release gamma-hydroxybutyrate formulations having improved pharmacokinetics

Patent No. US10736866 (titled "Modified release gamma-hydroxybutyrate formulations having improved pharmacokinetics") on Feb 21, 2019. The application was issued on Aug 11, 2020.

What is this patent about?

’866 is related to the field of modified release pharmaceutical formulations, specifically those designed for the delivery of gamma-hydroxybutyrate (GHB). It addresses the clinical need for a once-nightly treatment for narcolepsy symptoms, such as cataplexy and excessive daytime sleepiness, which traditionally require a disruptive middle-of-the-night second dose due to the drug's short half-life and complex absorption characteristics.

The underlying idea behind ’866 is a dual-mechanism delivery system that utilizes a specific ratio of immediate-release and modified-release components to mimic the therapeutic effect of two separate doses. By engineering a formulation that rapidly releases an initial fraction of the drug and then triggers a second rapid release after a specific lag time or pH change, the system achieves high bioavailability and maintains therapeutic blood levels for a full eight hours while ensuring minimal residual drug remains upon waking.

The claims of ’866 focus on a formulation comprising an immediate release portion and a modified release portion of gamma-hydroxybutyrate, combined with distinct acidifying agents and suspending or viscosifying agents. These independent claims specify a precise distribution ratio between the two portions—ranging from 10/90 to 65/35—and require that the auxiliary excipients remain separate from the drug-containing portions to stabilize the release profile and ensure proper pourability after reconstitution in liquid.

In practice, the invention is often implemented as a particulate mixture of IR and MR microparticles. The MR microparticles are typically shielded by a functional coating containing a hydrophobic compound and a pH-sensitive polymer. This coating prevents premature dissolution in the acidic environment of the stomach but allows for a rapid release once the particles reach the higher pH environment of the small intestine, effectively compressing the absorption curve to maximize total drug exposure.

This approach differs from prior art by solving the problem of low bioavailability typically associated with extended-release GHB. While previous attempts resulted in significantly reduced absorption compared to liquid solutions, the ’866 formulation achieves a relative bioavailability of greater than 80%. By incorporating an acidifying agent like malic acid, the formulation also ensures that the drug's release characteristics remain stable for at least 15 minutes after the patient mixes the powder with water, providing a reliable and convenient once-nightly dosing regimen.

How does this patent fit in bigger picture?

Technical Landscape

In the mid-2010s when ’866 was filed, the treatment of sleep disorders with neuroactive agents was typically implemented using immediate-release liquid solutions that required multiple administrations throughout the night. At a time when the delivery of highly soluble active ingredients was constrained by rapid metabolic clearance and a narrow absorption window in the upper gastrointestinal tract, systems commonly relied on divided dosing schedules to maintain therapeutic plasma levels rather than single-administration modified-release formats. These engineering constraints made achieving consistent bioavailability non-trivial, as modified-release architectures often resulted in significant reductions in total drug exposure compared to immediate-release counterparts.

Prosecution Position

The disclosed invention represents a technical advancement through an architectural shift in the delivery of gamma-hydroxybutyrate, utilizing a dual-component system that integrates immediate-release and modified-release portions with specific pH-dependent triggers. This structural solution overcomes the technical constraint of low bioavailability inherent in once-nightly formulations by synchronizing the release profile with the physiological absorption window, ensuring that half of the active agent is released in acidic conditions and the remainder in a neutral buffer environment. The resulting technical effect is the achievement of a pharmacokinetic profile that approximates or exceeds the total drug exposure of twice-nightly divided doses, enabling a single bedtime administration without compromising therapeutic efficacy or increasing residual morning drug levels.

Claims

US Patent 10,736,866 contains 52 claims, with claims 1, 20, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, and 52 serving as the independent claims. These independent claims focus on a gamma-hydroxybutyrate formulation comprising both immediate and modified release portions, specifically incorporating suspending or viscosifying agents and acidifying agents to achieve particular release ratios, therapeutic dosing for narcolepsy, and specific pharmacokinetic profiles such as relative bioavailability and plasma concentration levels. The dependent claims serve to further define the formulation by specifying weight percentages of components, identifying particular chemical species for the agents, detailing physical forms like dry powders, and establishing precise dissolution benchmarks and clinical performance metrics.

Key Claim Terms New

Definitions of key terms used in the patent claims.

Term (Source)Support for SpecificationInterpretation
Acidifying agent
(Claim 1, Claim 20, Claim 39, Claim 40, Claim 41, Claim 42, Claim 43, Claim 44, Claim 45, Claim 46, Claim 47, Claim 48, Claim 49, Claim 50, Claim 51, Claim 52)
The formulation includes an acidifying agent for ensuring that the formulation's release profile remains unchanged for at least 15 minutes after mixing with a liquid. The acidifying agent is selected from the group consisting of malic acid, citric acid, tartaric acid, adipic acid, boric acid, maleic acid, phosphoric acid, ascorbic acid, oleic acid, capric acid, caprylic acid, and benzoic acid.A chemical component included in the formulation to maintain the stability of the release profile for a specific duration (at least 15 minutes) after the formulation is mixed with a liquid.
Hydrophobic compound having a melting point equal to or greater than 40° C.
(Claim 41, Claim 42)
In a fifth principal embodiment, the invention provides a modified release formulation of gamma-hydroxybutyrate, comprising immediate release and modified release portions. The modified release portion comprises gamma-hydroxybutyrate and a coating comprising a hydrophobic compound having a melting point equal to or greater than 40° C.A substance used in the coating of the modified release portion that is water-repellent and remains solid at temperatures up to at least 40° C. to control drug release.
Immediate release portion
(Claim 1, Claim 20, Claim 39, Claim 40, Claim 41, Claim 42, Claim 43, Claim 44, Claim 45, Claim 46, Claim 47, Claim 48, Claim 49, Claim 50, Claim 51, Claim 52)
The release of gamma-hydroxybutyrate from the immediate release portion is practically uninhibited, and occurs almost immediately in 0.1N hydrochloric acid dissolution medium. In a seventh principal embodiment, said immediate release portion releases greater than 80% of its gamma-hydroxybutyrate at one hour when tested in a dissolution apparatus 2 in 900 mL of 0.1N hydrochloric acid at 37° C.A component of the formulation where the release of gamma-hydroxybutyrate is practically uninhibited and occurs almost immediately in 0.1N hydrochloric acid dissolution medium.
Modified release portion
(Claim 1, Claim 20, Claim 39, Claim 40, Claim 41, Claim 42, Claim 43, Claim 44, Claim 45, Claim 46, Claim 47, Claim 48, Claim 49, Claim 50, Claim 51, Claim 52)
While the modified release portion also preferably releases its gamma-hydroxybutyrate almost immediately when fully triggered, the release is not triggered until a predetermined lag-time or the drug is subjected to a suitable dissolution medium such as a phosphate buffer pH 6.8 dissolution medium. In an eighth principal embodiment, said modified release portion releases less than 20% of its gamma-hydroxybutyrate at one hour in 0.1N hydrochloric acid. It further releases greater than 80% of its gamma-hydroxybutyrate at three hours when tested in 0.05M monobasic potassium phosphate buffer pH 6.8.A component of the formulation designed to delay or control the delivery of gamma-hydroxybutyrate, typically triggered by a predetermined lag-time or exposure to a specific pH, such as phosphate buffer pH 6.8.
Suspending or viscosifying agent
(Claim 1, Claim 20, Claim 39, Claim 40, Claim 41, Claim 42, Claim 43, Claim 44, Claim 45, Claim 46, Claim 47, Claim 48, Claim 49, Claim 50, Claim 51, Claim 52)
The formulation includes a suspending or viscosifying agent for improving the formulation's viscosity and pourability after mixing with a liquid. It is selected from the group consisting of xanthan gum, carrageenan gum, gellan gum, guar gum, sodium alginate, calcium alginate, agar, sodium carboxymethyl cellulose, microcrystalline cellulose, hydroxyethyl cellulose, hydroxypropylmethyl cellulose, and mixtures thereof.An excipient used to improve the formulation's viscosity and pourability after mixing with a liquid, ensuring the drug remains adequately dispersed for administration.

Litigation Cases New

US Latest litigation cases involving this patent.

Case NumberFiling DateTitle
1:25-cv-00435Apr 8, 2025Avadel Cns Pharmaceuticals, Llc V. Jazz Pharmaceuticals, Inc.
1:25-cv-00405Apr 1, 2025Avadel Cns Pharmaceuticals, Llc V. Jazz Pharmaceuticals, Inc.
1:25-cv-00221Feb 25, 2025Avadel CNS Pharmaceuticals, LLC et al v. Jazz Pharmaceuticals, Inc. et al
1:25-cv-00196Feb 18, 2025Avadel Cns Pharmaceuticals, Llc V. Jazz Pharmaceuticals, Inc.
1:25-cv-00057Jan 14, 2025Avadel Cns Pharmaceuticals, Llc V. Jazz Pharmaceuticals, Inc.

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US10736866

Application Number
US16281235A
Filing Date
Feb 21, 2019
Publication Date
Aug 11, 2020
External Links
Slate, USPTO , Google Patents