Compositions Comprising Ephedrine Or An Ephedrine Salt And Methods Of Making And Using Same

Patent No. US11464752 (titled "Compositions Comprising Ephedrine Or An Ephedrine Salt And Methods Of Making And Using Same") was filed by Isopro Holdings Llc on Jul 21, 2021.

What is this patent about?

’752 is related to the field of pharmaceutical formulations, specifically addressing the need for a stable, ready-to-use injectable solution of ephedrine sulfate . Current FDA-approved formulations require dilution before administration, which is inconvenient, time-consuming, and prone to errors and contamination. The background highlights the clinical shortcomings of existing ephedrine sulfate products, including short shelf lives and the risks associated with aseptic compounding and dilution procedures.

The underlying idea behind ’752 is to create a pre-diluted, sterile, and shelf-stable ephedrine sulfate formulation that eliminates the need for on-site dilution. This is achieved by carefully controlling the composition, specifically the concentrations of ephedrine sulfate and sodium chloride in water, while excluding preservatives and chelating agents that can cause adverse reactions. The formulation is designed to maintain its stability and potency over an extended period, even under accelerated storage conditions.

The claims of ’752 focus on a packaged pharmaceutical product containing a sterilized ready-to-use ephedrine composition . The key elements include a specific concentration of ephedrine sulfate (5 mg/mL), sodium chloride (9 mg/mL), the absence of preservatives, and a controlled pH. The claims also specify performance criteria after storage, including maintaining a high percentage of the initial ephedrine sulfate concentration, a stable pH, and acceptable bacterial endotoxin levels.

In practice, the invention involves combining ephedrine sulfate, sodium chloride, and water under sterile conditions to create a solution with the specified concentrations and pH. This solution is then packaged in a syringe or single-use container and sterilized. The absence of preservatives and chelating agents simplifies the formulation and reduces the risk of adverse reactions, while the specific concentrations and sterilization process ensure stability and sterility.

The differentiation from prior approaches lies in the combination of ready-to-use convenience, long-term stability, and the exclusion of potentially harmful excipients. Unlike existing products that require dilution and may contain preservatives, ’752 provides a safe and efficient solution for administering ephedrine sulfate in clinical settings, reducing the risk of errors, contamination, and adverse patient reactions. The focus on a simple, stable formulation is a key departure from more complex approaches.

How does this patent fit in bigger picture?

Technical landscape at the time

In the late 2010s when ’752 was filed, at a time when sterile pharmaceutical compounding was typically performed using aseptic techniques, but when hardware or software constraints made maintaining sterility assurance non-trivial. At that time, ready-to-use formulations often included preservatives and chelating agents, when systems commonly relied on these excipients rather than preservative-free formulations.

Novelty and Inventive Step

The examiner allowed the claims after the applicant amended them and presented persuasive arguments. The examiner withdrew rejections based on prior art combinations and obviousness-type double patenting after a terminal disclaimer was filed. The examiner stated that the invention, as defined by the allowed claims, was allowable over the prior art.

Claims

This patent contains 16 claims, with independent claims 1, 5, and 10. The independent claims are directed to a pharmaceutical product comprising a packaged, sterilized ephedrine composition. The dependent claims generally specify details and features of the pharmaceutical product and its preparation.

Key Claim Terms New

Definitions of key terms used in the patent claims.

Term (Source)Support for SpecificationInterpretation
9 Mg/ml sodium chloride
(Claim 1, Claim 5, Claim 10)
“In embodiments in which the isotonic agent is sodium chloride, the sodium chloride may be present in an isotonic amount, such as about 9 mg/mL.”A specific amount of sodium chloride present in the ready-to-use ephedrine composition.
Bacterial endotoxin level
(Claim 1)
“In some embodiments, a composition of the present disclosure includes bacterial endotoxins in an amount of no more than 1.7 Eu/mg, no more than 1.6 Eu/mg, no more than 1.5 Eu/mg, no more than 1.4 Eu/mg, no more than 1.3 Eu/mg, no more than 1.2 Eu/mg, no more than 1.1 Eu/mg, no more than 1.0 Eu/mg, no more than 0.9 Eu/mg, no more than 0.8 Eu/mg, no more than 0.7 Eu/mg, no more than 0.6 Eu/mg, no more than 0.5 Eu/mg, no more than 0.4 Eu/mg, no more than 0.3 Eu/mg, no more than 0.2 Eu/mg, or no more than 0.1 Eu/mg.”The amount of bacterial endotoxins present in the ready-to-use ephedrine composition.
Initial pH level
(Claim 1, Claim 5, Claim 10)
“In some embodiments, a composition of the present disclosure has a pH value of 4.5 to 7.0. In some embodiments, the composition has a pH value of 5.5 to 6.5. In some embodiments, the composition has a pH value of about 5.6 to 6.2.”The pH of the ready-to-use ephedrine composition when it is first prepared and packaged. The pH is between about 4.5 and about 7.
No preservative
(Claim 1, Claim 5, Claim 10)
“In some embodiments, a composition of the present disclosure does not include a preservative. Non-limiting examples of preservatives include (e.g., benzyl alcohol, chlorobutanol, phenyl ethyl alcohol), parabens (e.g., methylparaben, ethylparaben, propylparaben, butylparaben), phenols (e.g., phenol, chlorocresol, o-phenyl phenol), mercurial compounds (e.g., thiomersal, nitromersol, phenylmercuric nitrate, phenylmercuric acetate), and quaternary ammonium compounds (e.g., benzalkonium chloride, cetyl pyridinium chloride).”The ready-to-use ephedrine composition does not contain any preservative agents.
Packaged concentration of ephedrine sulfate
(Claim 1, Claim 5, Claim 10)
“In some embodiments, the ephedrine sulfate is present in an amount of about 5 mg/mL, and the sodium chloride is present in an amount of about 9 mg/mL.”The amount of ephedrine sulfate present in the ready-to-use ephedrine composition when it is packaged in the syringe or single-use container. The concentration is 5 mg/mL.

Litigation Cases New

US Latest litigation cases involving this patent.

Case NumberFiling DateTitle
1:25-cv-00018Jan 6, 2025Nexus Pharmaceuticals, Llc V. Hikma Pharmaceuticals Usa Inc.

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US11464752

ISOPRO HOLDINGS LLC
Application Number
US17381770
Filing Date
Jul 21, 2021
Status
Granted
Expiry Date
May 16, 2040
External Links
Slate, USPTO, Google Patents