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.
’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.
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.
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.
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.
Definitions of key terms used in the patent claims.
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