Patent No. US10736866 (titled "Modified release gamma-hydroxybutyrate formulations having improved pharmacokinetics") on Feb 21, 2019. The application was issued on Aug 11, 2020.
’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.
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.
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.
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.
Definitions of key terms used in the patent claims.
US Latest litigation cases involving this patent.

The dossier documents provide a comprehensive record of the patent's prosecution history - including filings, correspondence, and decisions made by patent offices - and are crucial for understanding the patent's legal journey and any challenges it may have faced during examination.
Get instant alerts for new documents