Patent No. US11116721 (titled "Pharmaceutical Formulations Comprising 4-{(1R)-2-[(6-{2-[(2,6-Dichlorobenzyl)Oxy]Ethoxy}Hexyl)Amino]-1-Hydroxyethyl}-2-(Hydroxymethyl) Phenol") was filed by Glaxo Group Ltd on Feb 26, 2009.
’721 is related to the field of pharmaceutical formulations, specifically those designed for inhalation to treat respiratory diseases like asthma and chronic obstructive pulmonary disease (COPD). The background involves the use of beta-2 adrenoreceptor agonists for bronchodilation and corticosteroids for inflammation, often requiring separate treatments. The goal is to provide a convenient and effective combination therapy.
The underlying idea behind ’721 is to create a stable and effective dry powder formulation containing both a long-acting beta-2 agonist, specifically 4-{(1R)-2-[(6-{2-[(2,6-dichlorobenzyl)oxy]ethoxy}hexyl)amino]-1-hydroxyethyl}-2-(hydroxymethyl)phenol (Compound I), and a corticosteroid, 6α,9α-difluoro-17α-[(2-furanylcarbonyl)oxy]-11β-hydroxy-16α-methyl-3-oxo-androsta-1,4-diene-17β-carbothioic acid S-fluoromethyl ester (Compound II), for simultaneous delivery to the lungs. The formulation aims to improve patient compliance and therapeutic outcomes by combining bronchodilation and anti-inflammatory effects in a single inhaler.
The claims of ’721 focus on a pharmaceutical product comprising two dry powder formulations. One formulation contains a micronized form of Compound I, or a pharmaceutically acceptable salt thereof such as the triphenylacetate salt, in specific doses (12.5, 25, or 50 mcg), mixed with lactose and a defined percentage (0.6 to 2% w/w) of magnesium stearate . The other formulation contains Compound II, a corticosteroid, mixed with lactose, at various doses such as 100 mcg or 200 mcg.
In practice, the invention involves carefully blending the active pharmaceutical ingredients (APIs) with excipients to achieve a homogeneous mixture with the desired particle size distribution for effective inhalation. The magnesium stearate acts as a ternary agent , improving the flow properties of the powder and ensuring consistent dosing. The lactose serves as a carrier, increasing the bulk of the formulation and aiding in the dispersion of the micronized drug particles within the inhaler device.
The differentiation from prior approaches lies in the specific combination of Compound I and Compound II in a dry powder formulation that includes magnesium stearate. This ternary mixture enhances the stability and dispersibility of the formulation, leading to improved drug delivery to the lungs. The defined ratios of the components, particularly the magnesium stearate content, are crucial for achieving optimal performance and consistent dosing, addressing limitations of earlier formulations that may have suffered from poor flowability or inconsistent drug delivery.
In the late 2000s when ’721 was filed, inhaled medications for respiratory diseases were typically delivered using dry powder inhalers or metered-dose inhalers. At a time when combination therapies were becoming more common, systems commonly relied on combining a bronchodilator with a corticosteroid to address both bronchoconstriction and inflammation. When hardware or software constraints made precise control of particle size and formulation stability non-trivial, achieving consistent drug delivery to the lungs was a key engineering challenge.
The examiner allowed the claims because the applicant provided data showing unexpected results for a fluticasone furoate/vilanterol combination compared to a fluticasone propionate/salmeterol combination. Specifically, clinical trials demonstrated a statistically significant improvement in 24-hour lung function favoring the claimed combination. The examiner also withdrew rejections based on double patenting because the cited references did not teach or suggest the specific dry powder formulation with defined doses of the two compounds, lactose, and magnesium stearate.
This patent contains 67 claims, with independent claims numbered 1, 12, 20, 49, 50, and 51. The independent claims are directed to pharmaceutical products containing dry powder formulations of two compounds for respiratory treatment. The dependent claims generally specify details of the formulations, methods of administration, and diseases treated using the pharmaceutical products.
Definitions of key terms used in the patent claims.

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