Modified Release Gamma-Hydroxybutyrate Formulations Having Improved Pharmacokinetics

Patent No. US10952986 (titled "Modified Release Gamma-Hydroxybutyrate Formulations Having Improved Pharmacokinetics") was filed by Rtw Investments Lp on May 23, 2019.

What is this patent about?

’986 is related to the field of pharmaceutical formulations, specifically modified-release formulations of gamma-hydroxybutyrate (GHB) for treating conditions like narcolepsy. Current treatments often involve inconvenient twice-nightly dosing of immediate-release sodium oxybate (Xyrem®), which disrupts sleep. Prior attempts at once-nightly modified-release formulations have struggled to achieve comparable bioavailability to the twice-nightly regimen, often requiring higher doses and resulting in significant reductions in drug absorption.

The underlying idea behind ’986 is to create a modified-release GHB formulation that, when taken once at bedtime, closely mimics the pharmacokinetic profile of the standard twice-nightly immediate-release regimen. This is achieved by carefully controlling the in vitro dissolution profile of the formulation, ensuring rapid release of a portion of the drug in acidic conditions (simulating the stomach) followed by rapid release of the remaining drug in a buffered, higher pH environment (simulating the intestines). This biphasic release is key to achieving comparable bioavailability.

The claims of ’986 focus on modified-release GHB formulations, preferably comprising immediate-release and modified-release portions, that meet specific pharmacokinetic or *in vitro* dissolution criteria. Some claims require that a 7.5g dose of the formulation achieves a certain minimum area under the curve (AUC) in a blood concentration vs. time plot. Other claims focus on formulations that release a specified percentage of GHB within certain timeframes in either acidic or buffered dissolution media, as measured by standard USP apparatus.

In practice, the invention uses a combination of immediate-release (IR) and modified-release (MR) microparticles. The MR microparticles are coated with a combination of a polymer containing free carboxylic acid groups (like methacrylic acid copolymers) and a hydrophobic compound with a high melting point (like hydrogenated vegetable oil). The ratio of these components, along with the overall coating thickness, controls the drug release rate. The immediate release portion ensures an initial burst of GHB, while the modified release portion provides a sustained release profile.

The key differentiation from prior approaches lies in the specific dissolution profile achieved by the formulation. Unlike previous modified-release attempts that resulted in reduced bioavailability, ’986's formulation is designed for rapid release in both acidic and buffered environments. This is believed to compress the blood concentration vs. time curve, resulting in a relative bioavailability comparable to or greater than an equipotent dose of an immediate-release liquid solution of sodium oxybate administered twice nightly. The formulation also aims to minimize residual drug content in the bloodstream after eight hours, further improving the safety profile.

How does this patent fit in bigger picture?

Technical landscape at the time

In the mid-2010s when ’986 was filed, modified release formulations were often designed using combinations of immediate release and delayed release components to control drug release. At a time when oral solid dosage forms were typically implemented using coatings and matrix formulations, achieving consistent bioavailability with modified release profiles was a significant challenge. When hardware or software constraints made precise control over dissolution rates non-trivial, complex release mechanisms were often employed to achieve desired pharmacokinetic profiles.

Novelty and Inventive Step

The examiner approved the application because an updated prior art search did not reveal any reference teaching a method of treating a disorder treatable with gamma-hydroxybutyrate in a human in need thereof, where the method involves administering a single daily dose. The examiner concluded that the claimed invention was novel and non-obvious over the prior art of record.

Claims

This patent contains 31 claims, of which claims 1, 10, 11, 12, 13, 22, and 23 are independent. The independent claims generally focus on methods of treating disorders with gamma-hydroxybutyrate, including specific dosages, formulations, and administration protocols, particularly for narcolepsy. The dependent claims generally elaborate on the specifics of the methods, such as timing of administration, mixing procedures, and resulting effects.

Key Claim Terms New

Definitions of key terms used in the patent claims.

Term (Source)Support for SpecificationInterpretation
Gamma-hydroxybutyrate formulation
(Claim 1, Claim 13, Claim 23)
“As the prior art demonstrates, it is extremely difficult to find a modified release formulation of gamma-hydroxybutyrate which, when administered only once nightly, has a comparable bioavailability to an immediate release liquid solution of sodium oxybate administered twice nightly. The inventors have discovered a novel relationship between the in vitro release profile of gamma-hydroxybutyrate modified release formulations and in vivo absorption which permits, for the first time, a modified release formulation of gamma-hydroxybutyrate that approximates the bioavailability of a twice-nightly equipotent immediate release liquid solution of sodium oxybate, and that does so across a range of therapeutic doses.”A formulation containing gamma-hydroxybutyrate as an active ingredient, suitable for mixing with water and oral administration from a sachet.
Immediate release and modified release portions
(Claim 10, Claim 11, Claim 12)
“The modified release formulations of gamma-hydroxybutyrate preferably have both immediate release and modified release portions. 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 contrast, 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.”The formulation contains two distinct portions: one that releases gamma-hydroxybutyrate quickly (immediate release) and another that releases it over a longer period (modified release).
Pharmacokinetic profile
(Claim 10)
“Accordingly, one object of the present invention is to provide modified release formulations of gamma-hydroxybutyrate that are administered only once at bed-time with improved dissolution and pharmacokinetic profiles. Yet another object of the present invention is to improve the therapeutic effectiveness and safety profile of gamma-hydroxybutyrate based on novel dissolution and pharmacokinetic profiles. Yet another object of the present invention is to provide modified release formulations of gamma-hydroxybutyrate that yield a similar pharmacokinetic profile compared to an immediate release liquid solution of sodium oxybate administered twice nightly while potentially giving a reduced dose.”The characteristic time course of drug concentrations in the body (e.g., plasma) after administration.
Standardized evening meal
(Claim 11, Claim 12)
“For example, the inventors have discovered that a modified release composition of gamma-hydroxybutyrate according to the invention administered once approximately two hours after a standardized evening meal at the dose equivalent to 7.5 g of sodium oxybate results in a similar pharmacokinetic profile as an immediate release liquid solution of sodium oxybate given in two separate equal doses of 4.5 g of sodium oxybate each administered at t0 and t4h.”A meal with consistent composition and timing, consumed in the evening, used as a reference point for administering the gamma-hydroxybutyrate formulation.

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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US10952986

RTW INVESTMENTS LP
Application Number
US16420321
Filing Date
May 23, 2019
Status
Granted
Expiry Date
Aug 24, 2037
External Links
Slate, USPTO, Google Patents