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Patent Review


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The A to Z of pharmaceutical
cocrystals: a decade of fast-moving
new science and patents
Örn Almarsson*1, Matthew L Peterson2 & Michael Zaworotko3

From aspirin to zoledronic acid, pharmaceutical cocrystals emerged in the past
decade as a promising new weapon in the arsenal of drug development. Resurgence
of interest in multicomponent crystal compositions has led to significant advances
in the science of cocrystal design and discovery. These advances have built upon
crystal engineering, which provides a deep understanding of supramolecular
interactions between molecules that govern crystal packing and physicochemical
properties of crystalline materials. Concomitantly, the patent landscape of
pharmaceutical cocrystals developed rapidly in the last decade. This review
presents a broad survey of patents issued in the area of pharmaceutical cocrystals.
In addition, the review contains analyses of key patents in the area involving
compositions and methodologies. Along the way, the main events of the past
decade representing a renaissance of cocrystals of pharmaceutical materials are
chronicled. Future directions in the area are discussed in light of key pending
patent applications and recent publications of seminal interest.


Solid forms of active pharmaceutical ingredients
The solid form of an active pharmaceutical ingredient (API), in particular its
physicochemical properties relevant to clinical performance and long-term sta-
bility, represents an important aspect of modern drug discovery, development
and pharma­ eutical science [1,2] . Over the course of the past century of modern
              c
drug develop­ ent and manufacture, drugs such as aspirin and many antibiotics
               m
have owed their purity and storage stability to their existence as crystalline solids.
Crystal­ine solids are solids in which the atoms, molecules or ions pack together to
         l
form a regular repeating array that extends in three dimensions. Crystalline solids
are formed when a solution becomes supersaturated with crystallizing solute(s),
and the vast majority of substances, if not all of them, will crystallize to form
one or more crystalline phases under the right conditions. Cocrystals are a class
of crystal­ine solids that occur when complementary molecules of different struc-
           l
tures are crystallized to form single crystalline phases that contain stoichiometric
ratios of the components. A prototypical example is a 1:1 composition cocrystal            1
                                                                                            Alkermes, Inc. 852 Winter Street, Waltham,
as illustrated in Figure 1. The crystalline form of a given API confers important          MA 02451, USA
properties to the material, such as thermodynamic solubility, melting point, shape,
                                                                                           2
                                                                                             Amgen, Inc., Cambridge, MA, USA
                                                                                           3
                                                                                             University of South Florida, Tampa, FL, USA
mech­ nical properties and thermal stability. Aqueous solubility and dissolution
       a                                                                                   *Author for correspondence:
rate are particularly important in the context of drug performance since orally            E-mail: orn.almarsson@alkermes.com
delivered drugs must dissolve from their dosage form within the gastrointestinal
tract in order to be absorbed, first by the tissue of the intestines and ultimately into
circulation. Aqueous solubility is also important for injectable drug formulations,
in particular when intravenous injection is required. Because of the tight regulation
of drug review and approvals across the world, detailed information on the crystal-
line form of an API, its synthesis, purity profile and properties are required as part
of regulatory filings. Finally, and most relevant to this review, the IP associated


10.4155/PPA.12.29 © 2012 Future Science Ltd   Pharm. Pat. Analyst (2012) 1(3), 313–327     ISSN 2046-8954                                  313
Patent Review     Almarsson, Peterson & Zaworotko




                                                                                    on solid forms of an API). That a high proportion of
                                                                                    new chemical entities are classified as having low sol-
                                                                                    ubility has, if anything, provided added impetus for
                                                                                    solid-form screening and the study of pharmaceutical
                                                                                    co­ rystals. Pharmaceutical cocrystals can offer advan-
                                                                                       c
                                                                                    tages over other solid forms as follows: salts only form
                                                                                    for APIs that ionize (protonate or deprotonate with
                                                                                    acid or base, respectively) in water, whereas co­ rystals
                                                                                                                                      c
                                                                                    can be made for essentially all APIs; amorphous forms;
                                                                                    and solvates and hydrates tend to be physically un­
                                                                                    stable during processing and on the shelf. Finally,
                                                                                    medicinal chemistry involves chemical modification of
                Solution                            Cocrystal
                                                                                    the molecular structure of the API, requiring extensive
 Figure 1. Stoichiometric cocrystals are formed when two complementary              and time-consuming toxicology and clinical testing
 molecules are crystallized from solution.                                          of the resulting new molecule(s). In short, pharma­
                                                                                    ceutical cocrystals offer an opportunity to address
                     with the crystalline form of an API came to the fore           challenges of low solubility and other physico­ hemical
                                                                                                                                    c
                     in the 1990s, thanks initially to high-profile patent          properties of APIs with relatively low cost and limited
                     litigation on what was at the time the best-selling drug       incremental risk.
                     in the world, ranitidine hydrochloride (Zantac®) [3] .
                     Today, the characteristics and preparation of an API           History & nomenclature of cocrystals
                     solid form can be of significant importance when seek-         As mentioned, cocrystals can be broadly defined as
                     ing to register a new drug product using a crystalline         supra­ olecular assemblies that contain more than
                                                                                           m
                     API, and crystal forms continue to be the subject of           one type of molecule in the crystalline lattice. For the
                     litigations related to patent validity and infringement.       purposes of this review we more specifically define a
                                                                                    cocrystal as follows: a multiple component crystalline
                     The motivation for studying cocrystals of                      solid formed in a stoichiometric ratio between two
                     pharmaceutical compounds                                       compounds that are crystalline solids under ambient
                     Solid-form screening in drug development has tradi-            conditions. At least one of these compounds is molecu-
                     tionally focused upon the need to find a solid form            lar (the cocrystal former) and forms supramolecular
                     with optimal physicochemical properties, but has until         synthons(s) with the remaining component(s). If one
                     recently focused almost exclusively on the generation          uses this definition then cocrystals were reported as far
                     of polymorphs, solvates, hydrates or salts of an API [4] .     back as the 1840s [10] and they have had various terms
                     Pharmaceutical cocrystals [5] emerged in the last dec-         coined for them: addition compounds, organic molec-
                     ade as an alternative class of crystal form available to       ular compounds, complexes and heteromolecular crys-
                     pharmaceutical scientists. Despite recent emergence,           tals [11–14] . Cocrystals are thereby distinct from solvates
                     pharmaceutical cocrystals are already established as           and hydrates if one adopts this definition. It should be
                     an integral part of solid-form screening because they          noted that APIs are a natural target for cocrystal forma-
                     provide an opportunity to modify, sometimes with               tion since the nature of APIs means that they contain
                     dramatic results, the physico­ hemical properties of an
                                                       c                            exterior functional group(s) that can engage in mo-
                     API without the need for applying medicinal chemis-            lecular recognition events, especially hydrogen-bond
                     try, which involves covalent modification of the API.          formation, with biological targets. These same func-
                     Rather, pharmaceutical co­ rystals exploit the supra­
                                                     c                              tional group(s) are often responsible for different crys-
                     molecular chemistry of the API to create a new crys-           tal packing arrangements (i.e., polymorphism) and can
                     tal form through formation of a multiple-component             interact with water molecules to form hydrates. How-
                     crystal that comprises of the API and a second com-            ever, the term cocrystal as used today did not come into
                     pound or ‘cocrystal former’ (also known by various             widespread usage until it was popularized by MC Etter
                     alternative names, such as ‘coformer’ or co­ rystallizing
                                                                      c             in the 1980s [15] , and a pharmaceutical cocrystal, that
                     agent). It has already been demonstrated that the aque-        is, a cocrystal between an API and a pharmaceutically
                     ous solubility [6,7] , physical stability [8] and mechanical   acceptable cocrystal former, was not widely used until
                     properties [9] of an API can be affected by cocrystal-         the 2000s. Interestingly, pharma­ eutical cocrystals also
                                                                                                                        c
                     lization. Furthermore, pharmaceutical cocrystals rep-          have a long history in that they have been known since
                     resent an opportunity to patent new solid forms of             at least the 1930s [101] . Even earlier, glucose:sodium
                     APIs (or avoid infringement of existing patent claims          chloride monohydrate was described, a possible early


      314                                                       www.future-science.com                                    future science group
The A to Z of pharmaceutical cocrystals: a decade of fast-moving new science & patents               Patent Review



example of an ionic co­ rystal of a salt with a sugar
                          c                                     in the USA at least, hydrates are considered similar to
[16] . In terms of nomenclature, it should be noted that        polymorphs in terms of how they are treated. The US
there are some ambiguities; for example, there are other        FDA guidance published in 2007 [29] states that a par-
proposed definitions of co­ rystal [17–25] and the work
                             c                                  ticular hydrate of a compound is not a different API
of Leiserowitz in the 1970s [24] , as well as the compo-        from a non-hydrate (or alternative hydrate state). Ac-
sitions studied by Caira in the 1980s and 1990s [25] ,          cordingly, there exist regulatory definitions of crystal
were referred to as complexes. Additionally, the term           forms that do not necessarily match scientific differ-
cocrystal is also occasionally applied to crystals of pro-      entiation. A similar situation has recently arisen with
teins with small molecules bound, for instance, within          respect to the comparison of cocrystals with non-ionic
the active site of the protein. Leaving aside such issues,      complexes with excipients, generally regarded as safe
which are not relevant to this review, until the 2000s          additives or other suitable coformers, and distinction of
the motivation for the study of co­ rystals of small or-
                                     c                          pharmaceutical cocrystals from salts.
ganic molecules was oriented towards creating materi-
als for purification or for optical, electronic and other       Design of cocrystals
material applications. In summary, both cocrystals and          Rapid advances in crystal engineering [30–32] in the
pharmaceutical co­ rystals have a long history, but it is
                     c                                          1990s facilitated a better understanding of crystal-form
fair to assert that they had not been systematically and        diversity as represented by polymorphs, salts, solvates
widely studied in the context of pharmaceutical science         and hydrates, and enabled the design (as distinct from
until the last decade.                                          high-throughput screening) of new multiple-component
                                                                pharmaceutical compositions. Practitioners of meth-
Other solid forms of APIs                                       odology increasingly directed testing to targeting the
At the end of the 20th century, prior to the advent             functional groups in drugs. The understanding devel-
of pharmaceutical cocrystals, crystal polymorphism              oped that an API molecules’ chemical functionality can
became a topic of major concern and highlighted the             be addressed by selection of complementary functional
need for systematic solid-form screening of APIs, which         groups from another molecule, the coformer, led to a ra-
also included the study of amorphous solid forms of             tional approach to the development of two-component
APIs, with the aid of automation approaches [26] .              crystals. This is conceptually similar to the manner in
Poly­ orphism in crystals is the ability of a particular
     m                                                          which salt-screening targets the ionizable groups in an
chemical composition to adopt more than one type of             API and means that there is a degree of control over
crystal packing. Each different crystalline polymorph           cocrystal composition that is not likely to be present in
has its own set of properties, such as a melting point,         hydrates and solvates. This design philosophy led to the
heat of fusion and dissolution profile. Awareness of pol-       adoption of the ‘synthon’ approach of cocrystal discov-
ymorphism in pharmaceutical compounds increased                 ery. The synthon as it applies to cocrystals is analogous
dramatically during the 1990s because of the afore-             to the term as used in the retrosynthetic approach of
mentioned litigation on Zantac (ranitidine HCl). The            organic synthesis. In a sense, making cocrystals this
need for regulatory bodies to address polymorphism              way is a supra­ olecular synthetic strategy. The key to
                                                                                m
was then highlighted by Norvir® (ritonavir) – an API            understanding and design­ng co­ rystals of an API lies
                                                                                              i    c
in which catastrophic loss of drug product performance          with our capability to predictably form supramolecu-
occurred due to sudden and unexpected appearance of             lar synthons with the API. Supra­ olecular synthons
                                                                                                     m
a more stable polymorph of the drug with lower solubil-         exist in two distinct categories: supra­ olecular homo­
                                                                                                        m
ity than the form originally in use [27] . In addition to is-   synthons that are composed of identical complementary
sues of polymorphs, crystalline hydrates created a level        functional groups such as carboxylic acid dimers
of concern for the same reasons. Hydrates of pharma-            (e.g., aspirin) (Figure 2A) ; and supra­ olecular hetero­
                                                                                                       m
ceutical compounds, which are special cases of solvates         synthons composed of different but complementary
wherein a water molecule is included in the crystalline         functional groups such as acid–weakly basic nitrogen
lattice along with the compound of interest, tend to dis-       (e.g.,aspirin–meloxicam) (Figure 2B) and acid–amide
play dynamics of water inclusion/exclusion dependent            (e.g., aspirin–carbamazepine) (Figure 2C) . Whereas it
on temperature and relative humidity. Some hydrate-             is quite well documented that some of these supramo-
forming drugs have multiple hydrate forms, either as            lecular hetero­ ynthons are reliable for the prepara-
                                                                                s
polymorphs or different levels of hydrate (e.g., mono,          tion of co­ rystals (i.e., they form prefer­ ntially over
                                                                            c                               e
di- and tri-hydrate). Use of hydrates and solvates in           supra­ olecular homosynthons), studies related to the
                                                                      m
products, while acceptable (and sometimes common, as            occurrence of a particular supra­ olecular hetero­ ynthon
                                                                                                 m                s
in the case of b-lactam antibiotics [28]), is generally not     in the presence of several competing supra­ olecular
                                                                                                                m
preferred by innovators. From a regulatory standpoint,          synthons are limited in quantity and scope. Therefore,


    future science group                               Pharm. Pat. Analyst (2012) 1(3)                                                315
Patent Review   Almarsson, Peterson & Zaworotko




                    A                                B                                                C




                 Figure 2. Synthon examples in pharmaceutical cocrystals involving carboxylic acids and amides. (A) The
                 carboxylic acid–carboxylic acid supramolecular homosynthon as seen in aspirin. (B) The carboxylic acid–weakly basic
                 nitrogen atom supramolecular heterosynthon as exemplified by the aspirin: meloxicam cocrystal. (C) The carboxylic
                 acid–amide supramolecular heterosynthon observed in the cocrystals of aspirin and carbamazepine. The blue ovals
                 highlight each supramolecular synthon.


                 APIs with multiple functional groups, although still         collaboration between researchers at the University of
                 amenable to cocrystal formation, tend to be less pre-        South Florida, USA, and the University of Michigan,
                 dictable in terms of structure and composition. To sum-      USA. The work was also associated with patent fil-
                 marize the background to this article, the motivation        ings, and ultimately resulted in issued claims on the
                 to systematically study solid forms of APIs lies with the    compositions in this paper. A key theme in the papers
                 need to fine-tune physicochemical properties (especially     was the demon­ tration of design and detailed struc-
                                                                                               s
                 modulate drug solubility, increase dissolution rate and      tural analysis to extend considerably the crystal form
                 to enhance stability), and satisfy regulatory bodies with    diversity of aspirin and carbamazepine, an important
                 respect to drug stability and reproducibility. This need     antiepileptic drug having low aqueous solubility. These
                 had become apparent by the late 1990s and arose partly       papers were quickly followed by a paper on cocrystals
                 based on the types of compounds in development (e.g.,        of itraconazole, a highly water-insoluble and poorly
                 compounds with poor aqueous solubility and other in-         bioavailable (as crystalline base) antifungal agent, pub-
                 adequate physical properties), and in part because a new     lished by a pharmaceutical technology company, which
                 level of innovation was needed at a time of productivity     described the utility of the cocrystal approach for dis-
                 crisis in the pharmaceutical industry. In essence, phar-     solution enhancement. In particular, the co­ rystal con-
                                                                                                                            c
                 maceutical cocrystals joined the arsenal of pharmaceu-       struct with 1,4-diacids such as succinic, fumaric and
                 tical R&D as a useful new design tool – with patent          tartaric acid involved in a pair of heterosynthons with
                 prospects – to augment product design and elucidate          the 1,2,4-triazole group of two itraconazole molecules
                 new pharmaceutical product opportunities. Today, the         showed significant improvement in dissolution rate in
                 fruits of almost 10 years of screening for pharmaceu-        aqueous medium compared with the crystalline free
                 tical cocrystals is evidenced by the number of patent        base. Additionally, the best of the cocrystals in the se-
                 applications and issued patents for pharmaceutical           ries matched the dissolution rate of a solid dispersion,
                 cocrystals.                                                  which is an amorphous form with optimized dissolu-
                                                                              tion (used in the capsule product Sporanox®). A fourth
                 Pharmaceutical cocrystals: recent literature &               example of a publication marking the area is on cocrys-
                 definition                                                   tals of fluoxetine HCl, an antidepressant and the active
                 ■■ Primary literature                                        agent in Prozac®. This article, contributed by another
                 Before reviewing patents on pharmaceutical co­               technology company, highlighted the option of making
                 crystals, it is useful to survey the published litera-       pharma­ eutical cocrystals of a salt, such that the co­
                                                                                        c
                 ture. The first publications signaling the initiation        crystal has three components. Modulation of solubility
                 of the pharmaceutical cocrystal era resulted from            was observed by the inclusion of a carboxylic acid such


      316                                                 www.future-science.com                                    future science group
The A to Z of pharmaceutical cocrystals: a decade of fast-moving new science & patents                                                                                                                                                                                                                                                                                     Patent Review



as benzoic and fumaric acid to the HCl salt. The four




                                                                                                                                                                                                                                                                                                                                hydrogen-bond donors (e.g., benzoic and
                                                                      Table 1. Chemical formulas of carbamazepine, itraconazole and fluoxetine HCl, along with lists of synthon targets in the cocrystal material and examples
primary literature references cited above were arguably
the highest profile publications on pharmaceutical coc-




                                                                                                                                                                                                                                                                                           (coformer hydrogen-bond donor)
rystals in the first half of the decade. The subject matter




                                                                                                                                                                                                                                                                                                                                Carboxylic acids (≥4 carbon) as
reported in these publications is summarized in Table 1.
   An early and key review in 2004 captured the defini-




                                                                                                                                                                                                                                                                  CF3
tion of pharmaceutical cocrystals [33] . The review, now
cited over 280 times, suggested that pharmaceutical
cocrystals are amenable to design, and that they allow a




                                                                                                                                                                                                                                 Fluoxetine HCl [7]
selection of motifs that can then affect pharma­ eutical
                                                   c




                                                                                                                                                                                                                                                                            O




                                                                                                                                                                                                                                                                                                                                fumaric acid)
                                                                                                                                                                                                                                                                                           Chloride ion
properties. Pharmaceutical cocrystals were also regard-
ed as more similar to salts than hydrates/polymorphs,
given the composition types, variety and some aspects




                                                                                                                                                                                                                                                                        HCl
                                                                                                                                                                                                                                                                         N
                                                                                                                                                                                                                                                                         H
of crystal packing were seen to offer a measure of con-
trol. In contrast, polymorphs and hydrates were seen




                                                                                                                                                                                                                                                                                                                                1,4-dicarboxylic acids as hydrogen-bond donors (e.g., succinic,
as being less amenable to design and prediction. A




                                                                                                                                                                                                                                                                                      Cl




                                                                                                                                                                                                                                                                                                                                fumaric, tartaric and malic acids); requirement for extended
number of other review articles were published in the
period after 2004, and these concepts have continued




                                                                                                                                                                                                                                                                  N
to be discussed and refined.




                                                                                                                                                                                                                                                                  N




                                                                                                                                                                                                                                                                                                                                conformation of the diacid (Z-trans configuration)
                                                                                                                                                                                                                                                       N




                                                                                                                                                                                                                                                                                      Cl
                                                                                                                                                                                                                                                                                  O
                                                                                                                                                                                                                                                                        O
■■ US patents on pharmaceutical cocrystals
A significant number of patent applications have been




                                                                                                                                                                                                                                                                                  O
filed on pharmaceutical cocrystals, with many filed
in the last decade. The US and EP patent authorities
have granted patents in the area in recent years, start-




                                                                                                                                                                                                                                                                                           (2:1 itraconazole to diacid units)
ing with one patent from 1999 and ending (at the time
                                                                                                                                                                                                                                                                                  N
of writing) with eight patents issued in 2012. With
initial focus on the US-granted patents, we observe
                                                                                                                                                                                                                                                                                  N



that the issued patents fall into two main categories:
methodologies and compositions.
                                                                                                                                                                                                                                 Itraconazole [6]




                                                                                                                                                                                                                                                                                           1,2,4-triazole



■■ Methodology patents
                                                                                                                                                                                                                                                                                  N
                                                                                                                                                                                                                                                                        O




The first claims to issue on pharmaceutical cocrystal
                                                                                                                                                                                                                                                                        sec.Bu
                                                                                                                                                                                                                                                                            N
                                                                                                                                                                                                                                                                                  N




methods were those in [102] . The title of the patent is
‘Cocrystallization Process’, and claims cover purifica-
tion of chiral compounds by way of formation of coc-
rystals. In several cases the results are likely to be salt
                                                                                                                                                                                                                                                                                           Amide–amide homodimer periphery




                                                                                                                                                                                                                                                                                                                                saccharin, nicotinamide and others)




forms, though this has not been verified. In any event,
this patent covers methodologies related to pharma-
                                                                                                                                                                                                                                                                                                                                Hydrogen-bond acceptors (e.g.,
                                                                                                                                                                                                                                                                                           (C=O acceptor and N-H donor)




ceutical cocrystals. Another cocrystallization method-
ology patent was filed in January 2004 and issued on
November 18, 2008 [103] . The independent claim reads
partially “a method of screening for a cocrystal of a hydro-
                                                                                                                                                                                                                                 Carbamazepine [4]




chloric acid salt of an active agent.” This patent is related
                                                                                                                                                                                                                                                                          CONH2




to the publication on fluoxetine HCl cocrystals referred
to in the previous section [7] . While claim 1 of [103] has
                                                                                                                                                                                                                                                                      N




several limitations, it allows for a range of carboxylic
acids (at least four carbons) with the HCl salt of an
active agent (e.g., an antidepressant drug). The inven-
                                                                      of coformers.




tor and assignee, SSCI, exemplified the approach with
                                                                                                                                                                                                                                                                                                                                Coformers




a set of carboxylic acid cocrystals of fluoxetine HCl
                                                                                                                                                                                                                                                      Structure




                                                                                                                                                                                                                                                                                           Synthons




(Table 1) . The acidic -COOH function coordinates the
chloride ion of an HCl salt of a basic drug. As a compo-
nent of a supramolecular synthon, Cl- appears to be a


    future science group                               Pharm. Pat. Analyst (2012) 1(3)                                                                                                                                                                                                                                                                                                                      317
Patent Review   Almarsson, Peterson & Zaworotko




                   ready acceptor of -OH hydrogen bond donors, afford-         a patented process. It is therefore not surprising that
                   ing aforementioned carboxylic acid cocrystals, alco-        composition patents and applications involving phar-
                   hol solvates and hydrates. Examples were provided on        maceutical cocrystals are more numerous than the
                   solubility and dissolution effects of the cocrystals. A     methodology patents.
                   process patent from Cilag (part of J&J), [104] , involves      The landscape of issued pharmaceutical cocrystal-
                   the use of a cocrystal for purification of the opioid       lization methodology and process patents in the USA
                   tramadol. Tramadol HCl cocrystallized with topiram-         is summarized in Table 2  [102–106] . Three of the five
                   ate, an antiepileptic, to produce enantiomerically en-      patents originated in companies whose business at the
                   riched 1S,2S-tramadol HCl, illustrating the utility of      time was crystal form screening and characterization
                   a chiral auxiliary (which is incidentally also a drug) to   for pharmaceutical materials.
                   form a specific pharmaceutical cocrystal.
                      Two additional cocrystal methodology patents             ■■ Composition patents
                   are illustrative of the interest in processes to make       The first US patent located on the subject issued in
                   pharma­ eutical cocrystals. The former, [105] issued
                            c                                                  1999 and originated from Eli Lilly & Co. It describes
                   on July 27 2010 to TransForm Pharmaceuticals (at            compositions that can clearly be classified as pharma-
                   this point part of J&J) claimed “a method of produc-        ceutical cocrystals: cephalosporin antibiotic complexes
                   ing cocrystals, comprising” steps of processing with        with parabens. The latter are excipients generally used
                   grinding materials in small capsules within an array        as preservatives. The complexes were intended for
                   created by two plates and containing a ball that ef-        purification and isolation of the hydrolytically labile
                   fected the mechanical grinding once the competed            b-lactam antibiotics, and thus, evidently, the concept
                   array was placed on a shaker apparatus. Mechani-            was conceived and applied for scale-up of purifica-
                   cal grinding of powder blends with and without              tion and isolation. The first composition claimed this
                   solvent drops, a powerful technique championed by           past decade for a pharmaceutical cocrystal was issued
                   the Jones’ group at Cambridge University [34,35] had        in 2006, claiming an itraconazole form with tartaric
                   become popular within the community of cocrystal            acid and HCl. This patent has one independent claim,
                   hunters by the middle of the decade. The latter pat-        which in addition to naming the components com-
                   ent [106] issued on 3 August 2010 to Avantium in The        prising the cocrystal further includes a specific melt-
                   Netherlands claimed “a process for inducing and/or ac-      ing point, such that the composition in the claim is a
                   celerating at least one phase transformation in solid or-   unique species. Species claims are narrow and specific
                   ganic molecules, wherein the solid organic molecules are    and, therefore, ostensibly easier to support and grant
                   subjected to a tribochemical treatment.” Cocrystals are     relative to broad composition claims. The broadest ex-
                   not the sole subject of this patent, but are nonetheless    treme of composition claim is a genus. Since cocrys-
                   explicitly named in dependent claims. The examples          tals have been observed across a range of molecules for
                   of innovation in methodologies relevant to cocrystal        decades, a genus of pharmaceutical cocrystals is likely
                   formation indicate a level of interest in protecting        not a supportable patent claim at this point. The broad
                   platform technologies to discover and make these new        option of sub-genus claims, meaning the inclusion of
                   solid phases. The key challenge with these patents is       a drug molecule or a related group of molecules plus
                   the degree to which enforcement is practical: once a        a cocrystal former (or a group of cocrystal formers)
                   cocrystallization technology is enabled and patented,       is an alternative that has been issued in select cases.
                   it will be difficult to prove that a specific cocrystal     The sub-genus claim is exemplified by the itraconazole
                   composition described was discovered or made using          carboxylic acid cocrystals, which was issued in a later

       Table 2. Methodology patents issued in the USA involving cocrystallization 2000–2010.
       US patent       Date of issue    Assignee                        Nonprovisional       Claims      Cocrystals in                   Ref.
                                                                        priority date                    claim 1
       US6570036       27 May 2003      Reuter Chemische                3 March 2000         17          Yes                             [102]
                                        Apparatebau KG
       US7378519       27 May 2008      Cilag GmbH Intl                 16 May 2003          1           Yes                             [104]

       US7452555       18 November      S.S.C.I., Inc.                  21 January 2004      11          Yes                             [103]
                       2008
       US7763112       27 July 2010     TransForm Pharmaceuticals,      28 April 2006        12          Yes                             [105]
                                        Inc.
       US7766979       3 August 2010    Avantium International B.V.     26 January 2005      20          No                              [106]




      318                                                  www.future-science.com                                 future science group
The A to Z of pharmaceutical cocrystals: a decade of fast-moving new science & patents                 Patent Review



patent [107] . In essence, the independent claim allows             The Novelix patent, covering an anticancer drug
the license holder to exclude any composition that               candidate rendered as a cocrystal with oxalic acid [120] ,
contains the drug itraconazole and a carboxylic acid.            provides a contrast with salt forms. Oxalate is infre-
    Table 3 [107–124] summarizes the compositions with           quently used as a counterion in salt-form drug com-
granted claims. There are also a number of pending               pounds (e.g., escitalopram oxalate, the active ingredi-
applications, such that the list of issued patents is likely     ent in the antidepressant drug Lexapro®), while oxalic
to grow at an increasing pace over the next decade.              acid cocrystals are well exemplified in the pharmaceu-
    Two patents in Table 3, [113] and [119] , contemplate        tical cocrystal literature. The inventors of [120] cite as
compositions with variable stoiciometric ratios – in ad-         art a caffeine cocrystal with oxalic acid, reported by the
dition to the standard use of open-ended language in             Jones group in Cambridge [35] . The NVX-412 oxalic
the claims construction. The former patent is an ex-             cocrystal in the patent has superior physical properties
ample of continuous variation of the coformer ratio:             over the NVX-144 free base form of the drug candi-
one coformer can be substituted in portions by an iso-           date. Two patents from two different pharmaceutical
morphically substitutable coformer, for example uracil           companies involve compositions of sodium–glucose
for 5-fluorouracil. Modafinil, a narcolepsy drug, was            transporter type 2 (SGLT-2) inhibitors, a new drug
cocrystallized in this manner with fumaric acid and              class targeted to treat diabetes by facilitating excretion
succinic acid in a system that created isomorphous coc-          of glucose in the urine. The sugar-like drug candidate
rystals of the composition (Modafinil2[fumaric acid]             by Pfizer in [121] is PF-04971729, a drug candidate that
x
  [succinic acid](1-x)), where x ranges from 0 to 1. The         is not described in a crystalline form by itself, this was
net result, regardless of the value of x, is a 2:1 cocrystal     cocrystallized with pyroglutamic acid and l-proline.
of modafinil and a dicarboxylic acid. An alternative la-         The Astellas SGLT-2 compound claimed in [122] is a
bel for these varying compositions is to call them solid         cocrystal of a C-glycoside with l-proline. That these
solutions. Nomenclature aside, the approach is intrigu-          two patents were issued in the same timeframe and
ing, because it invites tailoring of a physical property in      on a similar subject matter is interesting, and speaks
a pharmaceutical crystal form (e.g., the melting point),         to the potential importance of the therapeutic class
by the choice of ratio of the coformer. Ordinarily, a            (glucose control and diabetes) as well as the utility of
crystal form is thought of as a discrete entity with fixed       cocrystals in preparing crystalline, pharmaceutically
properties. The possibility of blending and selection of         acceptable forms of the drug candidates. At the time
properties with cocrystal composition vastly increases           of writing, the most recent pharmaceutical cocrystal
the power of the approach.                                       patent involves cocrystals of the anti-infective drug
    The patent matter in [110] highlights the challenge          metronidazole and an example of an imipramine HCl
of applying definitions of pharmaceutical cocrystals.            cocrystal – in both cases the drug is cocrystallized with
There is occasional confusion as to whether a composi-           a carboxylic acid. All species claimed are defined by
tion is a cocrystal or a solvate – the resolution mainly         at least one characteristic x-ray diffraction peak. This
depends on how the coformer is regarded. The patent              most recent case highlights that cocrystal composi-
claims the acetic acid form of (-)-gossypol, a natural           tion claims are being granted without the limitation
product with potential as an anticancer agent. The in-           of any bioperformance data (or suitable surrogate such
dependent composition claim 1 specifies, “A composi-             as dissolution, or solubility), but evidently the claims
tion consisting essentially of cocrystals of (-)-gossypol with   in these cases are narrow species claims rather than
acetic acid in a molar ratio of about 1:1.” Glacial acetic       sub-genus or genus-type claims.
acid crystallizes below room temperature at 16.6°C.                 Based on a brief survey of the pending applications
Additionally, the presence of minute amounts of water            for pharmaceutical cocrystal compositions in the
in acetic acid lowers the solvents’ melting point fur-           USA, one should expect continued activity in 2012
ther [36] . Since glacial acetic acid is a liquid at room        and beyond. Several applications detail significant
temperature, assuming the convention of 20°C as a                improvements in both physicochemical and bio­
lower end cut-off for the value of room temperature,             performance properties of the drug candidates under
the common conclusion would be that the gossypol                 consideration.
acetic acid compound is in fact a solvate. The pharma-
ceutical cocrystal definition advanced in [34] excludes          ■■ Patents in countries outside the USA
solvates. The exclusion was based largely on the ob-             Given that standards used to evaluate proposed pat-
servation that solvates are regarded as by-products of           ent claims differ between countries, it is perhaps not
crystallization from or adventitious exposure to a sol-          surprising that the area of pharmaceutical cocrystals
vent, and that design of solvates is less fruitful than          has seen a slightly slower pace of patent activity out-
that involving cocrystals.                                       side the USA. Another reason for the lesser activity


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  Table 3. Composition patents issued in the USA for pharmaceutical cocrystals 1999–2012†.
  US patent          Date of issue           Assignee                  Compound(s)                                             Claims            Ref.
  US6001996          14 December 1999        Eli Lilly & Co., Inc.     Complexes of (carba)-cephalosporins with parabens       2                 [108]

  US7078526          18 July 2006            TransForm                 Itraconazole; tartaric cocrystal of the HCl salt having 16                [109]
                                             Pharmaceuticals, Inc.     melting point of 161°C

  US7342046          11 March 2008           The Regents of            (-)-Gossypol, acetic acid co-crystal (1:1 ratio)        13                [110]
                                             the University Of
                                             Michigan
  US7446107          4 November 2008         TransForm                 Itraconazole; cocrystals with a carboxylic acid         3                 [107]
                                             Pharmaceuticals, Inc.

  US7625910          1 December 2009         Astra Zeneca AB           AZD1152; a phosphate prodrug and maleic acid            6                 [111]
                                                                       cocrystal
  US7566805          28 July 2009            TransForm                 Modafinil; carboxylic acid cocrystals (e.g., malonic    53                [112]
                                             Pharmaceuticals, Inc.     and glycolic)
                                             (Cephalon, Inc.)
  US7671093          2 March 2010            TransForm                 Mixed cocrystals, ‘isomorphically substitutable’        2                 [113]
                                             Pharmaceuticals, Inc.
  US7691827          6 April 2010            Eli Lilly & Co.           Gemcitabine: a prodrug cocrystallized with aromatic 6                     [114]
                                                                       sulfonic acid, hydrate

  US7803786          28 September 2010 TransForm                       Stavudine; aromatic amines such as melamine and         15                [115]
                                       Pharmaceuticals, Inc.           2-aminopyridines
                                       and University of
                                       South Florida
  US7927613          19 April 2011           University of South       Carbamazepine, celecoxib, 5-fluoro-uracil,              36                [116]
                                             Florida/University of     acetaminophen, phenytoin, ibuprofen, flurbiprofen;
                                             Michigan/ TransForm       multitude of coformers
                                             Pharmaceuticals, Inc.
  US7935817          3 May 2011              Apotex Pharmachem         Adefovir dipivoxil; nicotinamide and salicylamide       22                [117]
                                             Inc.                      conformers
  US8003700          23 August 2011          Mutual Pharma­            Cochicine; solid complexes, malic acid cocrystal        7                 [118]
                                             ceutical Co., Inc.
  US8039475          18 October 2011         Vertex                    Telaprevir; salicylic acid, variable stoichiometry      8                 [119]
                                             Pharmaceuticals, Inc.

  US8058437          15 November 2011        Novelix                   (Pyrroloquinoxalinyl)pyrazinecarbo-hydrazide, oxalic 12                   [120]
                                             Pharmaceuticals, Inc.     acid co-crystal
  US8080580          20 December 2011        Pfizer Inc.               SGLT-2 inhibitors, l-proline and pyroglutamic acid      20                [121]
                                                                       cocrystals
  US8097592          17 January 2012         Astellas Pharma           SGLT-2 Inhibitor, l-proline cocrystal                   6                 [122]
                                             Inc., Kotobuki
                                             Pharmaceutical Co.
                                             Ltd.
  US8124603          28 February 2012        Thar Pharmaceuticals      Meloxicam with various carboxylic acids, aliphatic      25                [123]
                                                                       and aromatic, and maltol and ethyl maltol
  US8163790          24 April 2012           New Form                  Metronidazole cocrystals with gentisic acid             15                [124]
                                             Pharmaceuticals, Inc.     and gallic acid (specific x-ray reflections in each
                                                                       case) and a cocrystal of imipramine HCl and
                                                                       (+)-camphoric acid
  †
   Through to April 2012.
  SGLT-2: Sodium–glucose cotransporter subtype 2.




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The A to Z of pharmaceutical cocrystals: a decade of fast-moving new science & patents             Patent Review




 Table 4. Method and compositions patents issued on pharmaceutical cocrystals in Europe, 2003–2012.
 EP patent                  Date of issue      Assignee                  Main content of claims                      US counter-part(s)
 EP1156864B1 [125]          14 May 2003        Reuter Chemische          Process for isolating enantiomer            US6570036 [102]
                                               Apparatebau KG            components from mixtures
 EP1011838B1 [126]          24 May 2006        Reuter Chemische          Crystallization process for separating a
                                               Apparatebau KG            desired substance from mixture
 EP1831237B1 [127]          20 August 2008     Eli Lilly & Co., Inc.     Amide prodrug of gemcitabine, cocrystal US7691827 [114]
                                                                         of the prodrug
 EP1755388B1 [128]          6 October 2010     TransForm                 Mixed cocrystals of modafinil               US7671093 [113]
                                               Pharmaceuticals, Inc.
 EP2139885B1 [129]          8 December 2010    Syngenta Ltd.             Cocrystals of propiconazole
                                                                         (an agro-chemical fungicide)
 EP2170284B1 [130]          24 August 2011     Feyecon B.V.              A method of preparing a pharma-
                                                                         ceutical cocrystal composition
 EP2185546B1 [131]          26 October 2011    Vertex                    Cocrystals and pharmaceutical
                                               Pharmaceuticals, Inc.     compositions, telaprevir (VX-950)
 EP2334687B1 [132]          4 January 2012     Pfizer Inc.               SGLT-2 inhibitors, l-proline and            US8080580 [121]
                                                                         pyroglutamic acid cocrystals
 EP2300472B1 [133]          18 January 2012    Boehringer Ingelheim Glucocorticoid analogs, phosphoric acid
                                               Intl. GmBH           and acetic acid cocrystals
 EP2114924B1 [134]          25 January 2012    Vertex                    Cocrystals of telaprevir with
                                               Pharmaceuticals Inc.      4-hydroxybenzoic acid; solvates
 EP2288606B1 [135]          15 February 2012   Bayer Pharma Ag           Rivaroxaban cocrystal with malonic acid

 EP1608339B1 [136]          21 March 2012      McNeil PPC                Celecoxib cocrystal with nicotinamide       US7927613 [116]

may be strategic decisions on the part of innovators to        in Europe to examine crystal form patent applica-
pursue US patents in preference to prosecuting claims          tions will become prevalent in the USA in the near
in other countries. However, an increasing role of             future.
pharma­­ceutical cocrystals in drug development may
lead to an increase in foreign patent filings. Beyond the      ■■ Summary of the last decade of pharmaceutical
USA and Europe, the pharmaceutical industry often              cocrystals
pursues patent protection in countries such as Japan,          Some points can be made in summary about the sci-
Canada and Australia.                                          ence and patent activity in pharmaceutical cocrystals.
                                                               The science has advanced, the patents are arriving,
■■ European patents in the area of pharmaceutical              but do we have product candidates arising from the
cocrystals                                                     technology at this point?
In Europe, there has so far been limited issuance of
patents as yet. Patents issued in Europe on pharmaceu-         ■■ Scientific & patent literature on pharmaceutical
tical cocrystals, methods as well as composition claims,       cocrystals
are listed in Table 4 [125–136] .                              Approximately a decade of extensive activity in the area
   Five of the composition patents in Table 4 have an          of pharmaceutical cocrystals has been summarized in
accompanying issued US patent counterpart.                     this review. The scientific literature on the topic is
   The EPO has long taken a utilitarian (problem-              vast, and a number of the key papers and reviews have
solving) approach to review and allowance of pat-              been included to illustrate the breadth of coverage of
ents, including crystal form patents. In contrast, the         the topic. The patent literature on pharmaceutical
USPTO has determined the patentability of crystals             cocrystals is commensurately sizable. At the time of
on a case-by-case basis, considering the differences           writing, there are a number of pending applications on
in physical and chemical properties of the new form            compositions in the category of pharmaceutical coc-
relative to any previously known form. Observing               rystals making their way through patent prosecution.
recent patent case law and implementation of the               A selection of these pending cases will be discussed
Leahy–Smith America Invents Act of 2011, it is pos-            in the next section as examples of patents that might
sible that a philosophical approach akin to that taken         emerge in the next few years.


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                 ■■ Language of crystal forms in patents                       ceutical drug-substance design and manufacture, faces
                 An early (and apparently lasting) impact of the advent        a range of challenges over the next few decades. Cocrys-
                 of pharmaceutical cocrystals is a change in the way in        tals have a role to play in resolving some of these chal-
                 which crystal form types are generically named in pat-        lenges, and provide an overall technological advance for
                 ents and pending applications. Writers of patents have        the chemistry of materials. A future perspective must be
                 required a veritable catch basin of terms to comprehen-       comprehensive, if a bit aspirational in certain areas. The
                 sively describe crystal forms and provide scope in their      subsections below represent the areas of opportunity
                 applications. The evolution of the language of crystal        perceived for the coming decades of cocrystal research
                 forms can be illustrated using a few examples of the          and development.
                 numerous patents that have these general phrases to en-
                 compass crystal-form types. The language in pharma-           ■■ Cocrystals as alternative materials for pharmaceutical
                 ceutical composition patents historically included, “the      products of established drug molecules
                 drug and any pharmaceutically acceptable salt” (e.g.,         There exists a range of products whose properties make
                 [137,138]). When polymorphs became an issue in the            them amenable for cocrystal design in order to preserve,
                 1990s, the general language was extended to include           ensure or enhance drug performance; examples include:
                 polymorphs, solvates and hydrates (e.g., [139,140]). Most     replacing amorphous drug material with a cocrystal
                 recently, some have added the cocrystal term as part          (to avoid perceived risk associated with non-crystalline
                 of the general description of material forms (e.g., pub-      drug in the product), substituting crystalline low-sol-
                 lished patent applications [141,142]). Evidently, awareness   uble drug form with cocrystal for enhanced solubility,
                 of the cocrystal possibility in these pharmaceutical          dissolution and bio-performance, and designing bio-
                 form cases is prompting the addition of the cocrystal         equivalent cocrystal forms of known products to create
                 term to the generic language capturing the crystal form       generic equivalents or products for alternative uses to
                 types that a pharmaceutical compound might adopt.             those already approved. The itraconazole cocrystals in
                                                                               [107] and [109] were proposed as a substitution approach
                 ■■ Pharmaceutical products containing cocrystals              to the use of an amorphous drug coated on a bead. The
                 Drug development is a painstaking, highly regulated           concept was not to improve bioavailability, which had
                 and long process. While several options appear on the         been optimized with considerable effort through the use
                 horizon, a clear-cut pharmaceutical product example           of a bead-coating approach. Instead, cocrystals would
                 involving a cocrystal is currently lacking. This situation    simplify processing by changing to a conventional dos-
                 is likely to change within the next 5–10 years as more        age form design and, thus, facilitate removal of a meth-
                 pharmaceutical cocrystal patents issue and drugs based        ylene chloride solvent system required in the coating
                 on pharmaceutical cocrystals as APIs make their way           process. The Sporanox® product enjoyed significant pat-
                 through clinical trials and registration. The pharma­         ent protection based on the coating process, but has now
                 ceutical cocrystal technology has seen many applications      become generic and, hence, it is doubtful that the coc-
                 in patents and the scientific literature, and a handful of    rystal product will compete and recover the investment
                 the specific cocrystals of drug candidates are observed       needed to develop the new product. Nevertheless, this
                 to be in clinical development based on data from public       general concept of replacing amorphous with crystalline
                 sources. Based on the small number of drugs approved          material has merit. An example from recent patents is
                 in a given year, the approval of a cocrystal-based drug       found in [119,131] by Vertex Pharmaceuticals on telapre-
                 product may occur in the next few years. In general, the      vir, a newly approved hepatitis C viral protease inhibitor.
                 overall palette of drugs in regulatory review will likely     This orally active antiviral compound has exceedingly
                 continue to use a mix of technologies, cocrystals being       poor bioavailability as a crystalline base compound, and
                 one representative technology. Some of the candidate          is therefore presented as an amorphous dispersion pre-
                 pharmaceutical co­ rystals with a probability of becom-
                                     c                                         pared by spray-drying and incorporation of stabilizing
                 ing drugs of the future are discussed in the next section.    polymers. The resulting amorphous drug is reportedly
                                                                               chemically and physically stable in the product at room
                 Current perspective on pharmaceutical cocrystals              temperature for years. The recently issued Incivo® (te-
                 ■■ Pharmaceutical cocrystals at the beginning of 2012         laprevir) cocrystal patents may indicate an interest in
                 This review covers over 30 issued patents. Many appli-        contrasting a crystalline composition, not of the base
                 cations, perhaps numbering in the hundreds, are pend-         molecule but of a well-performing pharma­ eutical co­
                                                                                                                             c
                 ing in various countries and are beyond the scope of          crystal. If developed, the approach may become a case of
                 this review. So what does the future hold for pharma­         life cycle management for telaprevir and possible com-
                 ceutical cocrystals and indeed for the co­ rystal field in
                                                          c                    binations of the drug with other anti­ iral agents as the
                                                                                                                       v
                 general? The chemical enterprise, including pharma­           therapeutic algorithm for hepatitis C infection evolves.


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■■ Life cycle management with cocrystals                       The use of a cocrystal form to bring about an
Proprietary pharmaceutical companies and generic drug       intravenous-to-oral switch is exemplified in a recently
manufacturers alike will undoubtedly study the recent       published patent application [144] . The compound in
FDA guidance on pharmaceutical cocrystals, which is-        question, zoledronic acid, a bone-resorption inhibitor,
sued in draft form in December 2011 [37] . The guidance     is water-soluble but not optimally permeable for
proposes regulatory classification of pharmaceutical        absorption from the gut. In addition, compounds in
cocrystals, with a main recommendation that cocrys-         this class are irritating to the esophagus and stomach
tals can be regarded as process intermediates en route      lining. A cocrystal approach was employed to increase
to a drug product (e.g., tablet and capsule), while the     oral bioavailability and a coating was also applied to
labelling of the final product can remain confined to the   allow the compound to be absorbed only once the drug
original API. For example, if a known API is processed      form is past the stomach.
in a pharmaceutical operation to form a cocrystal by
inclusion of an excipient (coformer), then the require-     ■■ Scale-up & manufacture of cocrystals in batch mode
ment to relabel the drug as a new API can be avoided.       As useful cocrystal materials are discovered, aspects of
There are nevertheless requirements for characterization    their development into useful products will gain im-
of the process and cocrystal material. In particular, two   portance. Of primary importance will be the ability to
constraints are placed on sponsors who wish to employ       reproducibly manufacture the materials in large quan-
a cocrystal in their drug product: they must define the     tities. Some progress in this area has already been dem-
difference in pKa between the drug and coformer to          onstrated. For example, in some cases traditional sol-
be within range of three units, so as to rationalize the    vent-based crystallization can be used to prepare large
lack of proton transfer and resulting ionization; the de-   batches of cocrystals. Detailed knowledge of the phase
veloper must show that the cocrystal dissociates to re-     diagram involving the drug, coformer(s) and solvent is
lease the free API before reaching the target site. These   essential in these cases. Though not yet exemplified,
requirements may prove to be non-trivial in some cases.     the grinding method used for screening may well be a
                                                            candidate for scale-up in batch mode, either as a unit
■■ Product enhancement, enabling bioperformance             operation to create a new API form or in order to gen-
Arguably the most technically challenging applica-          erate an in situ cocrystal en route to a drug product.
tions of cocrystals could prove to be the act of improv-    In addition, by reducing solvent use, a practitioner is
ing bio­ erformance for difficult-to-formulate drug
         p                                                  fulfilling one of the goals of green chemistry.
candidates. Occasionally, a compound with excellent
pharmacological activity and safety can pose a major        ■■ Cocrystals in the context of continuous processing
formulation challenge from the perspective of biop-         The modern pharmaceutical enterprise has depended
erformance. For example, attaining sufficient overall       on batch manufacturing through the 20th century,
exposure of an oral dose may require extraordinary          and manufacturing groups have been surprisingly
formulation efforts, such as those described for itraco-    slow to adopt concepts from continuous process engi-
nazole and telaprevir in previous sections. A patented      neering. In contrast to pharma, chemical companies
example of a development compound benefiting dra-           employ continuous processing extensively in high-
matically from a cocrystal form is AMG-517, a TrpV1         volume chemical manufacture. As part of a push to
antagonist that was in development by Amgen, Inc.           improve manufacture in the pharmaceutical industry,
as a putative pain drug. Published patent application       the FDA and other regulatory bodies have been pur-
[143] describes the enhancement of oral exposure to this    suing the Critical Path Initiative and Quality-by-De-
water-insoluble compound by a sorbic acid cocrystal.        sign in the last decade. The push is starting to gener-
The effect of the cocrystal on bioavailability was par-     ate activity and funding in continuous processing. As
ticularly striking in preclinical studies (oral pharmaco­   an example, Novartis Pharmaceuticals has sponsored
kinetics in rat) [38] . The boosting effect observed on     a large continuous processing initiative, the main
bioavailability has significant practical impact, since     contributors to which are at the Massachusetts Insti-
the doses required for qualification and definition of      tute of Technology. Cocrystals have been shown in re-
a margin of safety for the drug candidate far exceed        cent publications to be good candidate compositions
those envisioned in clinical use. In the absence of the     for certain unit operations that fit with continuous
co­ rystal, the super-exposures may never be attained,
   c                                                        processing.
and hence the true in vivo toxicology profile of a com-        While there is limited patent activity, a few publi-
pound may be obscured. In summary, a cocrystal              cations in the literature have introduced continuous
can benefit a clinical product and, perhaps even more       processing examples with cocrystals. For example,
strikingly, a toxicology formulation.                       large amounts of cocrystals were prepared solvent-free


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Patent Review      Almarsson, Peterson & Zaworotko




                     (or essentially without use of solvent) using twin           •	 Reformulation of existing drugs for improved
                     screw extrusion [39] . This type of processing has been         performance;
                     common in polymer production, but is less extensively
                                                                                  •	 Life cycle management with recently approved
                     applied in pharmaceutical manufacture. Spray-drying,
                                                                                     drugs;
                     a technique often used to prepare amorphous materi-
                     als, was used in the preparation of several cocrystals       •	 Enabling novel development compounds: bio­
                     [40] . In another example, demonstrating the utility of         performance and purification;
                     cocrystals in modern chemical transformations, a coc-
                                                                                  •	 Scale-up: both batch mode and continuous;
                     rystal with lower solubility than either of the parent
                     compounds was used to precipitate the product in a           •	 Green chemistry and synthesis with cocrystals as
                     fermentation reaction [41] . Each of the techniques de-         inter­ ediates.
                                                                                          m
                     scribed above can be utilized as batch operations or
                     as continuous (or semicontinuous) manufacturing                 The regulatory arena is beginning to deal with the
                     operations.                                                  appearance of pharmaceutical cocrystals as a class of
                                                                                  materials. Examples are the FDA guidance published
                     ■■ Synthesis with cocrystals green chemistry                 in December 2011 [37] , as well as a recent literature
                     opportunities                                                report from the FDA on carbamazepine saccharin [44] ,
                     Cocrystals offer the potential to eliminate the need for     one of the prototypes of the class as it emerged in a
                     use of solvent in a chemical reaction and thereby re-        systematic way in the past decade. In regard to the
                     duce the cost of materials used in processing and all of     patent landscape for pharmaceutical cocrystals, we
                     the costs of dealing with solvent waste. Such ‘co­ rystal
                                                                        c         should expect to see continued and likely accelerating
                     controlled solvent-free synthesis’ [42] approaches have      activity in various regions, as is likely to continue to
                     already demonstrated that high yield solvent-free syn-       be the case for solid forms in general [45] . The target
                     thesis can be accomplished in several classes or reac-       compounds and uses will likely reflect some or all of
                     tion through two strategies: the use of coformers to         the areas in the above future outlook. And perhaps
                     serve the role of a template for aligning reactive groups    further opportunities will be identified in the current
                     (e.g.,  photodimerization of olefins [32]), and the for-     decade.
                     mation of cocrystals from two reactive coformers fol-
                     lowed by application of stress (e.g.,  condensation [43]).   Disclaimer
                                                                                  This review describes the opinions and observations of the authors as
                     Future perspective                                           scientists in the field of pharmaceutical crystal engineering, and does
                     The future outlook for pharmaceutical cocrystals             not necessarily represent the viewpoints of the authors’ employers.
                     indicates promise in the following areas:                    No legal opinions or advice are provided herein.



  Executive summary
  Background
  ƒƒ Solid forms of active pharmaceutical ingredients (APIs) are important to the function of products. Physicochemical properties of
     compounds are determined by the crystal structure.
  ƒƒ The motivation for studying cocrystals of pharmaceutical compounds comes from the need to optimize properties, such as
     solubility, dissolution rate and bioavailability. There are also patenting motivations for studying cocrystals in the context of drugs
     and drug candidates. For regulatory review, the solid form of a drug candidate must be well characterized and described.
  History & nomenclature of cocrystals
  ƒƒ Cocrystals have been long known, but not until recently have they been studied systematically for pharmaceutical compounds.
     Alternative names include complexes and multicomponent crystals. This review excludes cocrystals of drugs with proteins; the
     focus is on the drug compound and its compositions with cocrystal formers (abbreviated as ‘coformers’).
  ƒƒ Other solid forms of APIs include the pure form, solvates and salt forms. A salt comes from proton transfer to or from a drug
     substance with an oppositely charged counterion to balance charge of the ionized drug. Cocrystals do not have this requirement,
     and cocrystals of salts exist. Any of the possible crystal form types are subject to potential polymorphism – the appearance of
     multiple crystal forms of the same chemical composition having different properties from one another.
  ƒƒ Design of cocrystals is a great opportunity for pharmaceutical compounds. Rapid advances in crystal engineering and
     characterization capabilities have given the field of pharmaceutical cocrystals a big boost in the last decade. Making cocrystals
     represents a supramolecular synthetic strategy: synthesis of new compounds with the desired pharmacological agent as part of
     distinct non-covalent crystal compositions.




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The A to Z of pharmaceutical cocrystals: a decade of fast-moving new science & patents           Patent Review




Executive summary (cont.)
Pharmaceutical cocrystals: recent literature & definition
ƒƒ The primary literature surveyed includes multiple citations from the 20th century. The beginning of the 21st century saw a section
   of key papers highlighting the potential of pharmaceutical cocrystals to tailor and improve performance of compounds like
   carbamazepine, fluoxetine HCl and itraconazole.
US patents on pharmaceutical cocrystals
ƒƒ Methodology patents – five US patents and two EP – patents are discussed. The key challenge with methodology and process
   patents on pharmaceutical cocrystals (and crystal forms in general) is the degree to which enforcement is practical. Composition
   patents are more prevalent in the field of pharmaceutical cocrystals.
ƒƒ Composition patents: 18 US patents have been issued in the past decade (based on our survey through to April 2012). A large
   number of pending applications are in process, and only a few of these are mentioned in this review. Composition claims range
   from very specific (a particular form of a specific cocrystal composition characterized by a physical property) to sub-genus claims
   (any cocrystal of a particular drug with a class of coformers).
Patents in countries outside the USA
ƒƒ European patents in the area of pharmaceutical cocrystals are not yet as numerous as patents in the USA, but there remains
   significant ongoing activity. Ten European patents have been issued to date, and most EP patents have pending or issued US
   counterparts.
Summary of the last decade of pharmaceutical cocrystals
ƒƒ The language in pharmaceutical composition patents historically included ‘the drug and any pharmaceutically acceptable salt’. In
   the 1990s, the general language was extended to include polymorphs, solvates and hydrates. Most recently, some have added
   the cocrystal term as part of the general description of material forms.
ƒƒ While several options appear on the horizon, a clear-cut pharmaceutical product example involving a cocrystal is currently
   lacking. The signs are that this will change within the next decade.
Current perspective on pharmaceutical cocrystals
ƒƒ Cocrystals as alternative materials for pharmaceutical products of established drug molecules. A range of products exist for which
   structure and properties make them amenable for cocrystal design in order to preserve, ensure or enhance drug performance.
   Examples include:
    Replacing amorphous drug material with a cocrystal to avoid perceived risk associated with non-crystalline drug in the product;
    Substituting crystalline low-soluble drug form with cocrystal for enhanced solubility, dissolution and bioperformance;
    Designing bioequivalent cocrystal forms of known products.
ƒƒ Life cycle management with cocrystals: proprietary pharmaceutical companies and generic drug manufacturers alike will
   undoubtedly study (and perhaps also comment on) the recent US FDA guidance on pharmaceutical cocrystals, which was issued
   in draft form in December 2011.
ƒƒ Product enhancement, enabling bio-performance: a key use of pharmaceutical cocrystals is to improve bioperformance
   (e.g., bioavailability, rate of absorption) for difficult-to-formulate drug candidates. The use of a cocrystal form to bring about an
   intravenous-to-oral reformulation is also exemplified.
ƒƒ Scale-up and manufacture of cocrystals in batch mode relies on engineering capability and physical understanding of the
   cocrystal at hand. In principle (and in practice) traditional solvent-based crystallization can be developed to prepare large batches
   of cocrystals. A successful crystallization process must be based on detailed knowledge of the phase diagram (solubility and
   temperature dependence of solubility) involving the drug, coformer(s) and solvent.
ƒƒ Cocrystals in the context of continuous processing; the modern pharmaceutical enterprise has depended on batch manufacturing
   through the 20th century, with slow adoption of concepts from continuous process engineering. As part of a push to improve
   manufacture in the pharmaceutical industry, the FDA and other regulatory bodies have been pursuing the Critical Path Initiative
   and Quality-by-Design in the last decade. Recent activity and funding in continuous processing is exemplified by the Novartis/
   MIT continuous processing initiative.
Synthesis with cocrystals & green chemistry opportunities
ƒƒ Cocrystals offer the potential to eliminate the need for use of solvent in a chemical reaction and, thereby, reduce the cost of
   materials used in processing and all costs associated with dealing with solvent waste. Such ‘cocrystal-controlled solvent-free
   synthesis’ approaches have been demonstrated in literature recently.
Future perspective
ƒƒ The future outlook for pharmaceutical cocrystals indicates promise in the following areas:
   Reformulation of existing drugs for improved performance;
   Life cycle management with recently approved drugs;
   Enabling novel development compounds: bioperformance and purification;
   Scale-up: batch mode and continuous;
   Green chemistry and synthesis with cocrystals as intermediates.



   future science group                            Pharm. Pat. Analyst (2012) 1(3)                                                   325
The A to Z of pharmaceutical cocrystals: a decade of fast-moving new science and patents
The A to Z of pharmaceutical cocrystals: a decade of fast-moving new science and patents

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The A to Z of pharmaceutical cocrystals: a decade of fast-moving new science and patents

  • 1. Patent Review For reprint orders, please contact reprints@future-science.com The A to Z of pharmaceutical cocrystals: a decade of fast-moving new science and patents Örn Almarsson*1, Matthew L Peterson2 & Michael Zaworotko3 From aspirin to zoledronic acid, pharmaceutical cocrystals emerged in the past decade as a promising new weapon in the arsenal of drug development. Resurgence of interest in multicomponent crystal compositions has led to significant advances in the science of cocrystal design and discovery. These advances have built upon crystal engineering, which provides a deep understanding of supramolecular interactions between molecules that govern crystal packing and physicochemical properties of crystalline materials. Concomitantly, the patent landscape of pharmaceutical cocrystals developed rapidly in the last decade. This review presents a broad survey of patents issued in the area of pharmaceutical cocrystals. In addition, the review contains analyses of key patents in the area involving compositions and methodologies. Along the way, the main events of the past decade representing a renaissance of cocrystals of pharmaceutical materials are chronicled. Future directions in the area are discussed in light of key pending patent applications and recent publications of seminal interest. Solid forms of active pharmaceutical ingredients The solid form of an active pharmaceutical ingredient (API), in particular its physicochemical properties relevant to clinical performance and long-term sta- bility, represents an important aspect of modern drug discovery, development and pharma­ eutical science [1,2] . Over the course of the past century of modern c drug develop­ ent and manufacture, drugs such as aspirin and many antibiotics m have owed their purity and storage stability to their existence as crystalline solids. Crystal­ine solids are solids in which the atoms, molecules or ions pack together to l form a regular repeating array that extends in three dimensions. Crystalline solids are formed when a solution becomes supersaturated with crystallizing solute(s), and the vast majority of substances, if not all of them, will crystallize to form one or more crystalline phases under the right conditions. Cocrystals are a class of crystal­ine solids that occur when complementary molecules of different struc- l tures are crystallized to form single crystalline phases that contain stoichiometric ratios of the components. A prototypical example is a 1:1 composition cocrystal 1 Alkermes, Inc. 852 Winter Street, Waltham, as illustrated in Figure 1. The crystalline form of a given API confers important MA 02451, USA properties to the material, such as thermodynamic solubility, melting point, shape, 2 Amgen, Inc., Cambridge, MA, USA 3 University of South Florida, Tampa, FL, USA mech­ nical properties and thermal stability. Aqueous solubility and dissolution a *Author for correspondence: rate are particularly important in the context of drug performance since orally E-mail: orn.almarsson@alkermes.com delivered drugs must dissolve from their dosage form within the gastrointestinal tract in order to be absorbed, first by the tissue of the intestines and ultimately into circulation. Aqueous solubility is also important for injectable drug formulations, in particular when intravenous injection is required. Because of the tight regulation of drug review and approvals across the world, detailed information on the crystal- line form of an API, its synthesis, purity profile and properties are required as part of regulatory filings. Finally, and most relevant to this review, the IP associated 10.4155/PPA.12.29 © 2012 Future Science Ltd Pharm. Pat. Analyst (2012) 1(3), 313–327 ISSN 2046-8954 313
  • 2. Patent Review Almarsson, Peterson & Zaworotko on solid forms of an API). That a high proportion of new chemical entities are classified as having low sol- ubility has, if anything, provided added impetus for solid-form screening and the study of pharmaceutical co­ rystals. Pharmaceutical cocrystals can offer advan- c tages over other solid forms as follows: salts only form for APIs that ionize (protonate or deprotonate with acid or base, respectively) in water, whereas co­ rystals c can be made for essentially all APIs; amorphous forms; and solvates and hydrates tend to be physically un­ stable during processing and on the shelf. Finally, medicinal chemistry involves chemical modification of Solution Cocrystal the molecular structure of the API, requiring extensive Figure 1. Stoichiometric cocrystals are formed when two complementary and time-consuming toxicology and clinical testing molecules are crystallized from solution. of the resulting new molecule(s). In short, pharma­ ceutical cocrystals offer an opportunity to address with the crystalline form of an API came to the fore challenges of low solubility and other physico­ hemical c in the 1990s, thanks initially to high-profile patent properties of APIs with relatively low cost and limited litigation on what was at the time the best-selling drug incremental risk. in the world, ranitidine hydrochloride (Zantac®) [3] . Today, the characteristics and preparation of an API History & nomenclature of cocrystals solid form can be of significant importance when seek- As mentioned, cocrystals can be broadly defined as ing to register a new drug product using a crystalline supra­ olecular assemblies that contain more than m API, and crystal forms continue to be the subject of one type of molecule in the crystalline lattice. For the litigations related to patent validity and infringement. purposes of this review we more specifically define a cocrystal as follows: a multiple component crystalline The motivation for studying cocrystals of solid formed in a stoichiometric ratio between two pharmaceutical compounds compounds that are crystalline solids under ambient Solid-form screening in drug development has tradi- conditions. At least one of these compounds is molecu- tionally focused upon the need to find a solid form lar (the cocrystal former) and forms supramolecular with optimal physicochemical properties, but has until synthons(s) with the remaining component(s). If one recently focused almost exclusively on the generation uses this definition then cocrystals were reported as far of polymorphs, solvates, hydrates or salts of an API [4] . back as the 1840s [10] and they have had various terms Pharmaceutical cocrystals [5] emerged in the last dec- coined for them: addition compounds, organic molec- ade as an alternative class of crystal form available to ular compounds, complexes and heteromolecular crys- pharmaceutical scientists. Despite recent emergence, tals [11–14] . Cocrystals are thereby distinct from solvates pharmaceutical cocrystals are already established as and hydrates if one adopts this definition. It should be an integral part of solid-form screening because they noted that APIs are a natural target for cocrystal forma- provide an opportunity to modify, sometimes with tion since the nature of APIs means that they contain dramatic results, the physico­ hemical properties of an c exterior functional group(s) that can engage in mo- API without the need for applying medicinal chemis- lecular recognition events, especially hydrogen-bond try, which involves covalent modification of the API. formation, with biological targets. These same func- Rather, pharmaceutical co­ rystals exploit the supra­ c tional group(s) are often responsible for different crys- molecular chemistry of the API to create a new crys- tal packing arrangements (i.e., polymorphism) and can tal form through formation of a multiple-component interact with water molecules to form hydrates. How- crystal that comprises of the API and a second com- ever, the term cocrystal as used today did not come into pound or ‘cocrystal former’ (also known by various widespread usage until it was popularized by MC Etter alternative names, such as ‘coformer’ or co­ rystallizing c in the 1980s [15] , and a pharmaceutical cocrystal, that agent). It has already been demonstrated that the aque- is, a cocrystal between an API and a pharmaceutically ous solubility [6,7] , physical stability [8] and mechanical acceptable cocrystal former, was not widely used until properties [9] of an API can be affected by cocrystal- the 2000s. Interestingly, pharma­ eutical cocrystals also c lization. Furthermore, pharmaceutical cocrystals rep- have a long history in that they have been known since resent an opportunity to patent new solid forms of at least the 1930s [101] . Even earlier, glucose:sodium APIs (or avoid infringement of existing patent claims chloride monohydrate was described, a possible early 314 www.future-science.com future science group
  • 3. The A to Z of pharmaceutical cocrystals: a decade of fast-moving new science & patents Patent Review example of an ionic co­ rystal of a salt with a sugar c in the USA at least, hydrates are considered similar to [16] . In terms of nomenclature, it should be noted that polymorphs in terms of how they are treated. The US there are some ambiguities; for example, there are other FDA guidance published in 2007 [29] states that a par- proposed definitions of co­ rystal [17–25] and the work c ticular hydrate of a compound is not a different API of Leiserowitz in the 1970s [24] , as well as the compo- from a non-hydrate (or alternative hydrate state). Ac- sitions studied by Caira in the 1980s and 1990s [25] , cordingly, there exist regulatory definitions of crystal were referred to as complexes. Additionally, the term forms that do not necessarily match scientific differ- cocrystal is also occasionally applied to crystals of pro- entiation. A similar situation has recently arisen with teins with small molecules bound, for instance, within respect to the comparison of cocrystals with non-ionic the active site of the protein. Leaving aside such issues, complexes with excipients, generally regarded as safe which are not relevant to this review, until the 2000s additives or other suitable coformers, and distinction of the motivation for the study of co­ rystals of small or- c pharmaceutical cocrystals from salts. ganic molecules was oriented towards creating materi- als for purification or for optical, electronic and other Design of cocrystals material applications. In summary, both cocrystals and Rapid advances in crystal engineering [30–32] in the pharmaceutical co­ rystals have a long history, but it is c 1990s facilitated a better understanding of crystal-form fair to assert that they had not been systematically and diversity as represented by polymorphs, salts, solvates widely studied in the context of pharmaceutical science and hydrates, and enabled the design (as distinct from until the last decade. high-throughput screening) of new multiple-component pharmaceutical compositions. Practitioners of meth- Other solid forms of APIs odology increasingly directed testing to targeting the At the end of the 20th century, prior to the advent functional groups in drugs. The understanding devel- of pharmaceutical cocrystals, crystal polymorphism oped that an API molecules’ chemical functionality can became a topic of major concern and highlighted the be addressed by selection of complementary functional need for systematic solid-form screening of APIs, which groups from another molecule, the coformer, led to a ra- also included the study of amorphous solid forms of tional approach to the development of two-component APIs, with the aid of automation approaches [26] . crystals. This is conceptually similar to the manner in Poly­ orphism in crystals is the ability of a particular m which salt-screening targets the ionizable groups in an chemical composition to adopt more than one type of API and means that there is a degree of control over crystal packing. Each different crystalline polymorph cocrystal composition that is not likely to be present in has its own set of properties, such as a melting point, hydrates and solvates. This design philosophy led to the heat of fusion and dissolution profile. Awareness of pol- adoption of the ‘synthon’ approach of cocrystal discov- ymorphism in pharmaceutical compounds increased ery. The synthon as it applies to cocrystals is analogous dramatically during the 1990s because of the afore- to the term as used in the retrosynthetic approach of mentioned litigation on Zantac (ranitidine HCl). The organic synthesis. In a sense, making cocrystals this need for regulatory bodies to address polymorphism way is a supra­ olecular synthetic strategy. The key to m was then highlighted by Norvir® (ritonavir) – an API understanding and design­ng co­ rystals of an API lies i c in which catastrophic loss of drug product performance with our capability to predictably form supramolecu- occurred due to sudden and unexpected appearance of lar synthons with the API. Supra­ olecular synthons m a more stable polymorph of the drug with lower solubil- exist in two distinct categories: supra­ olecular homo­ m ity than the form originally in use [27] . In addition to is- synthons that are composed of identical complementary sues of polymorphs, crystalline hydrates created a level functional groups such as carboxylic acid dimers of concern for the same reasons. Hydrates of pharma- (e.g., aspirin) (Figure 2A) ; and supra­ olecular hetero­ m ceutical compounds, which are special cases of solvates synthons composed of different but complementary wherein a water molecule is included in the crystalline functional groups such as acid–weakly basic nitrogen lattice along with the compound of interest, tend to dis- (e.g.,aspirin–meloxicam) (Figure 2B) and acid–amide play dynamics of water inclusion/exclusion dependent (e.g., aspirin–carbamazepine) (Figure 2C) . Whereas it on temperature and relative humidity. Some hydrate- is quite well documented that some of these supramo- forming drugs have multiple hydrate forms, either as lecular hetero­ ynthons are reliable for the prepara- s polymorphs or different levels of hydrate (e.g., mono, tion of co­ rystals (i.e., they form prefer­ ntially over c e di- and tri-hydrate). Use of hydrates and solvates in supra­ olecular homosynthons), studies related to the m products, while acceptable (and sometimes common, as occurrence of a particular supra­ olecular hetero­ ynthon m s in the case of b-lactam antibiotics [28]), is generally not in the presence of several competing supra­ olecular m preferred by innovators. From a regulatory standpoint, synthons are limited in quantity and scope. Therefore, future science group Pharm. Pat. Analyst (2012) 1(3) 315
  • 4. Patent Review Almarsson, Peterson & Zaworotko A B C Figure 2. Synthon examples in pharmaceutical cocrystals involving carboxylic acids and amides. (A) The carboxylic acid–carboxylic acid supramolecular homosynthon as seen in aspirin. (B) The carboxylic acid–weakly basic nitrogen atom supramolecular heterosynthon as exemplified by the aspirin: meloxicam cocrystal. (C) The carboxylic acid–amide supramolecular heterosynthon observed in the cocrystals of aspirin and carbamazepine. The blue ovals highlight each supramolecular synthon. APIs with multiple functional groups, although still collaboration between researchers at the University of amenable to cocrystal formation, tend to be less pre- South Florida, USA, and the University of Michigan, dictable in terms of structure and composition. To sum- USA. The work was also associated with patent fil- marize the background to this article, the motivation ings, and ultimately resulted in issued claims on the to systematically study solid forms of APIs lies with the compositions in this paper. A key theme in the papers need to fine-tune physicochemical properties (especially was the demon­ tration of design and detailed struc- s modulate drug solubility, increase dissolution rate and tural analysis to extend considerably the crystal form to enhance stability), and satisfy regulatory bodies with diversity of aspirin and carbamazepine, an important respect to drug stability and reproducibility. This need antiepileptic drug having low aqueous solubility. These had become apparent by the late 1990s and arose partly papers were quickly followed by a paper on cocrystals based on the types of compounds in development (e.g., of itraconazole, a highly water-insoluble and poorly compounds with poor aqueous solubility and other in- bioavailable (as crystalline base) antifungal agent, pub- adequate physical properties), and in part because a new lished by a pharmaceutical technology company, which level of innovation was needed at a time of productivity described the utility of the cocrystal approach for dis- crisis in the pharmaceutical industry. In essence, phar- solution enhancement. In particular, the co­ rystal con- c maceutical cocrystals joined the arsenal of pharmaceu- struct with 1,4-diacids such as succinic, fumaric and tical R&D as a useful new design tool – with patent tartaric acid involved in a pair of heterosynthons with prospects – to augment product design and elucidate the 1,2,4-triazole group of two itraconazole molecules new pharmaceutical product opportunities. Today, the showed significant improvement in dissolution rate in fruits of almost 10 years of screening for pharmaceu- aqueous medium compared with the crystalline free tical cocrystals is evidenced by the number of patent base. Additionally, the best of the cocrystals in the se- applications and issued patents for pharmaceutical ries matched the dissolution rate of a solid dispersion, cocrystals. which is an amorphous form with optimized dissolu- tion (used in the capsule product Sporanox®). A fourth Pharmaceutical cocrystals: recent literature & example of a publication marking the area is on cocrys- definition tals of fluoxetine HCl, an antidepressant and the active ■■ Primary literature agent in Prozac®. This article, contributed by another Before reviewing patents on pharmaceutical co­ technology company, highlighted the option of making crystals, it is useful to survey the published litera- pharma­ eutical cocrystals of a salt, such that the co­ c ture. The first publications signaling the initiation crystal has three components. Modulation of solubility of the pharmaceutical cocrystal era resulted from was observed by the inclusion of a carboxylic acid such 316 www.future-science.com future science group
  • 5. The A to Z of pharmaceutical cocrystals: a decade of fast-moving new science & patents Patent Review as benzoic and fumaric acid to the HCl salt. The four hydrogen-bond donors (e.g., benzoic and Table 1. Chemical formulas of carbamazepine, itraconazole and fluoxetine HCl, along with lists of synthon targets in the cocrystal material and examples primary literature references cited above were arguably the highest profile publications on pharmaceutical coc- (coformer hydrogen-bond donor) rystals in the first half of the decade. The subject matter Carboxylic acids (≥4 carbon) as reported in these publications is summarized in Table 1. An early and key review in 2004 captured the defini- CF3 tion of pharmaceutical cocrystals [33] . The review, now cited over 280 times, suggested that pharmaceutical cocrystals are amenable to design, and that they allow a Fluoxetine HCl [7] selection of motifs that can then affect pharma­ eutical c O fumaric acid) Chloride ion properties. Pharmaceutical cocrystals were also regard- ed as more similar to salts than hydrates/polymorphs, given the composition types, variety and some aspects HCl N H of crystal packing were seen to offer a measure of con- trol. In contrast, polymorphs and hydrates were seen 1,4-dicarboxylic acids as hydrogen-bond donors (e.g., succinic, as being less amenable to design and prediction. A Cl fumaric, tartaric and malic acids); requirement for extended number of other review articles were published in the period after 2004, and these concepts have continued N to be discussed and refined. N conformation of the diacid (Z-trans configuration) N Cl O O ■■ US patents on pharmaceutical cocrystals A significant number of patent applications have been O filed on pharmaceutical cocrystals, with many filed in the last decade. The US and EP patent authorities have granted patents in the area in recent years, start- (2:1 itraconazole to diacid units) ing with one patent from 1999 and ending (at the time N of writing) with eight patents issued in 2012. With initial focus on the US-granted patents, we observe N that the issued patents fall into two main categories: methodologies and compositions. Itraconazole [6] 1,2,4-triazole ■■ Methodology patents N O The first claims to issue on pharmaceutical cocrystal sec.Bu N N methods were those in [102] . The title of the patent is ‘Cocrystallization Process’, and claims cover purifica- tion of chiral compounds by way of formation of coc- rystals. In several cases the results are likely to be salt Amide–amide homodimer periphery saccharin, nicotinamide and others) forms, though this has not been verified. In any event, this patent covers methodologies related to pharma- Hydrogen-bond acceptors (e.g., (C=O acceptor and N-H donor) ceutical cocrystals. Another cocrystallization method- ology patent was filed in January 2004 and issued on November 18, 2008 [103] . The independent claim reads partially “a method of screening for a cocrystal of a hydro- Carbamazepine [4] chloric acid salt of an active agent.” This patent is related CONH2 to the publication on fluoxetine HCl cocrystals referred to in the previous section [7] . While claim 1 of [103] has N several limitations, it allows for a range of carboxylic acids (at least four carbons) with the HCl salt of an active agent (e.g., an antidepressant drug). The inven- of coformers. tor and assignee, SSCI, exemplified the approach with Coformers a set of carboxylic acid cocrystals of fluoxetine HCl Structure Synthons (Table 1) . The acidic -COOH function coordinates the chloride ion of an HCl salt of a basic drug. As a compo- nent of a supramolecular synthon, Cl- appears to be a future science group Pharm. Pat. Analyst (2012) 1(3) 317
  • 6. Patent Review Almarsson, Peterson & Zaworotko ready acceptor of -OH hydrogen bond donors, afford- a patented process. It is therefore not surprising that ing aforementioned carboxylic acid cocrystals, alco- composition patents and applications involving phar- hol solvates and hydrates. Examples were provided on maceutical cocrystals are more numerous than the solubility and dissolution effects of the cocrystals. A methodology patents. process patent from Cilag (part of J&J), [104] , involves The landscape of issued pharmaceutical cocrystal- the use of a cocrystal for purification of the opioid lization methodology and process patents in the USA tramadol. Tramadol HCl cocrystallized with topiram- is summarized in Table 2  [102–106] . Three of the five ate, an antiepileptic, to produce enantiomerically en- patents originated in companies whose business at the riched 1S,2S-tramadol HCl, illustrating the utility of time was crystal form screening and characterization a chiral auxiliary (which is incidentally also a drug) to for pharmaceutical materials. form a specific pharmaceutical cocrystal. Two additional cocrystal methodology patents ■■ Composition patents are illustrative of the interest in processes to make The first US patent located on the subject issued in pharma­ eutical cocrystals. The former, [105] issued c 1999 and originated from Eli Lilly & Co. It describes on July 27 2010 to TransForm Pharmaceuticals (at compositions that can clearly be classified as pharma- this point part of J&J) claimed “a method of produc- ceutical cocrystals: cephalosporin antibiotic complexes ing cocrystals, comprising” steps of processing with with parabens. The latter are excipients generally used grinding materials in small capsules within an array as preservatives. The complexes were intended for created by two plates and containing a ball that ef- purification and isolation of the hydrolytically labile fected the mechanical grinding once the competed b-lactam antibiotics, and thus, evidently, the concept array was placed on a shaker apparatus. Mechani- was conceived and applied for scale-up of purifica- cal grinding of powder blends with and without tion and isolation. The first composition claimed this solvent drops, a powerful technique championed by past decade for a pharmaceutical cocrystal was issued the Jones’ group at Cambridge University [34,35] had in 2006, claiming an itraconazole form with tartaric become popular within the community of cocrystal acid and HCl. This patent has one independent claim, hunters by the middle of the decade. The latter pat- which in addition to naming the components com- ent [106] issued on 3 August 2010 to Avantium in The prising the cocrystal further includes a specific melt- Netherlands claimed “a process for inducing and/or ac- ing point, such that the composition in the claim is a celerating at least one phase transformation in solid or- unique species. Species claims are narrow and specific ganic molecules, wherein the solid organic molecules are and, therefore, ostensibly easier to support and grant subjected to a tribochemical treatment.” Cocrystals are relative to broad composition claims. The broadest ex- not the sole subject of this patent, but are nonetheless treme of composition claim is a genus. Since cocrys- explicitly named in dependent claims. The examples tals have been observed across a range of molecules for of innovation in methodologies relevant to cocrystal decades, a genus of pharmaceutical cocrystals is likely formation indicate a level of interest in protecting not a supportable patent claim at this point. The broad platform technologies to discover and make these new option of sub-genus claims, meaning the inclusion of solid phases. The key challenge with these patents is a drug molecule or a related group of molecules plus the degree to which enforcement is practical: once a a cocrystal former (or a group of cocrystal formers) cocrystallization technology is enabled and patented, is an alternative that has been issued in select cases. it will be difficult to prove that a specific cocrystal The sub-genus claim is exemplified by the itraconazole composition described was discovered or made using carboxylic acid cocrystals, which was issued in a later Table 2. Methodology patents issued in the USA involving cocrystallization 2000–2010. US patent Date of issue Assignee Nonprovisional Claims Cocrystals in Ref. priority date claim 1 US6570036 27 May 2003 Reuter Chemische 3 March 2000 17 Yes [102] Apparatebau KG US7378519 27 May 2008 Cilag GmbH Intl 16 May 2003 1 Yes [104] US7452555 18 November S.S.C.I., Inc. 21 January 2004 11 Yes [103] 2008 US7763112 27 July 2010 TransForm Pharmaceuticals, 28 April 2006 12 Yes [105] Inc. US7766979 3 August 2010 Avantium International B.V. 26 January 2005 20 No [106] 318 www.future-science.com future science group
  • 7. The A to Z of pharmaceutical cocrystals: a decade of fast-moving new science & patents Patent Review patent [107] . In essence, the independent claim allows The Novelix patent, covering an anticancer drug the license holder to exclude any composition that candidate rendered as a cocrystal with oxalic acid [120] , contains the drug itraconazole and a carboxylic acid. provides a contrast with salt forms. Oxalate is infre- Table 3 [107–124] summarizes the compositions with quently used as a counterion in salt-form drug com- granted claims. There are also a number of pending pounds (e.g., escitalopram oxalate, the active ingredi- applications, such that the list of issued patents is likely ent in the antidepressant drug Lexapro®), while oxalic to grow at an increasing pace over the next decade. acid cocrystals are well exemplified in the pharmaceu- Two patents in Table 3, [113] and [119] , contemplate tical cocrystal literature. The inventors of [120] cite as compositions with variable stoiciometric ratios – in ad- art a caffeine cocrystal with oxalic acid, reported by the dition to the standard use of open-ended language in Jones group in Cambridge [35] . The NVX-412 oxalic the claims construction. The former patent is an ex- cocrystal in the patent has superior physical properties ample of continuous variation of the coformer ratio: over the NVX-144 free base form of the drug candi- one coformer can be substituted in portions by an iso- date. Two patents from two different pharmaceutical morphically substitutable coformer, for example uracil companies involve compositions of sodium–glucose for 5-fluorouracil. Modafinil, a narcolepsy drug, was transporter type 2 (SGLT-2) inhibitors, a new drug cocrystallized in this manner with fumaric acid and class targeted to treat diabetes by facilitating excretion succinic acid in a system that created isomorphous coc- of glucose in the urine. The sugar-like drug candidate rystals of the composition (Modafinil2[fumaric acid] by Pfizer in [121] is PF-04971729, a drug candidate that x [succinic acid](1-x)), where x ranges from 0 to 1. The is not described in a crystalline form by itself, this was net result, regardless of the value of x, is a 2:1 cocrystal cocrystallized with pyroglutamic acid and l-proline. of modafinil and a dicarboxylic acid. An alternative la- The Astellas SGLT-2 compound claimed in [122] is a bel for these varying compositions is to call them solid cocrystal of a C-glycoside with l-proline. That these solutions. Nomenclature aside, the approach is intrigu- two patents were issued in the same timeframe and ing, because it invites tailoring of a physical property in on a similar subject matter is interesting, and speaks a pharmaceutical crystal form (e.g., the melting point), to the potential importance of the therapeutic class by the choice of ratio of the coformer. Ordinarily, a (glucose control and diabetes) as well as the utility of crystal form is thought of as a discrete entity with fixed cocrystals in preparing crystalline, pharmaceutically properties. The possibility of blending and selection of acceptable forms of the drug candidates. At the time properties with cocrystal composition vastly increases of writing, the most recent pharmaceutical cocrystal the power of the approach. patent involves cocrystals of the anti-infective drug The patent matter in [110] highlights the challenge metronidazole and an example of an imipramine HCl of applying definitions of pharmaceutical cocrystals. cocrystal – in both cases the drug is cocrystallized with There is occasional confusion as to whether a composi- a carboxylic acid. All species claimed are defined by tion is a cocrystal or a solvate – the resolution mainly at least one characteristic x-ray diffraction peak. This depends on how the coformer is regarded. The patent most recent case highlights that cocrystal composi- claims the acetic acid form of (-)-gossypol, a natural tion claims are being granted without the limitation product with potential as an anticancer agent. The in- of any bioperformance data (or suitable surrogate such dependent composition claim 1 specifies, “A composi- as dissolution, or solubility), but evidently the claims tion consisting essentially of cocrystals of (-)-gossypol with in these cases are narrow species claims rather than acetic acid in a molar ratio of about 1:1.” Glacial acetic sub-genus or genus-type claims. acid crystallizes below room temperature at 16.6°C. Based on a brief survey of the pending applications Additionally, the presence of minute amounts of water for pharmaceutical cocrystal compositions in the in acetic acid lowers the solvents’ melting point fur- USA, one should expect continued activity in 2012 ther [36] . Since glacial acetic acid is a liquid at room and beyond. Several applications detail significant temperature, assuming the convention of 20°C as a improvements in both physicochemical and bio­ lower end cut-off for the value of room temperature, performance properties of the drug candidates under the common conclusion would be that the gossypol consideration. acetic acid compound is in fact a solvate. The pharma- ceutical cocrystal definition advanced in [34] excludes ■■ Patents in countries outside the USA solvates. The exclusion was based largely on the ob- Given that standards used to evaluate proposed pat- servation that solvates are regarded as by-products of ent claims differ between countries, it is perhaps not crystallization from or adventitious exposure to a sol- surprising that the area of pharmaceutical cocrystals vent, and that design of solvates is less fruitful than has seen a slightly slower pace of patent activity out- that involving cocrystals. side the USA. Another reason for the lesser activity future science group Pharm. Pat. Analyst (2012) 1(3) 319
  • 8. Patent Review Almarsson, Peterson & Zaworotko Table 3. Composition patents issued in the USA for pharmaceutical cocrystals 1999–2012†. US patent Date of issue Assignee Compound(s) Claims Ref. US6001996 14 December 1999 Eli Lilly & Co., Inc. Complexes of (carba)-cephalosporins with parabens 2 [108] US7078526 18 July 2006 TransForm Itraconazole; tartaric cocrystal of the HCl salt having 16 [109] Pharmaceuticals, Inc. melting point of 161°C US7342046 11 March 2008 The Regents of (-)-Gossypol, acetic acid co-crystal (1:1 ratio) 13 [110] the University Of Michigan US7446107 4 November 2008 TransForm Itraconazole; cocrystals with a carboxylic acid 3 [107] Pharmaceuticals, Inc. US7625910 1 December 2009 Astra Zeneca AB AZD1152; a phosphate prodrug and maleic acid 6 [111] cocrystal US7566805 28 July 2009 TransForm Modafinil; carboxylic acid cocrystals (e.g., malonic 53 [112] Pharmaceuticals, Inc. and glycolic) (Cephalon, Inc.) US7671093 2 March 2010 TransForm Mixed cocrystals, ‘isomorphically substitutable’ 2 [113] Pharmaceuticals, Inc. US7691827 6 April 2010 Eli Lilly & Co. Gemcitabine: a prodrug cocrystallized with aromatic 6 [114] sulfonic acid, hydrate US7803786 28 September 2010 TransForm Stavudine; aromatic amines such as melamine and 15 [115] Pharmaceuticals, Inc. 2-aminopyridines and University of South Florida US7927613 19 April 2011 University of South Carbamazepine, celecoxib, 5-fluoro-uracil, 36 [116] Florida/University of acetaminophen, phenytoin, ibuprofen, flurbiprofen; Michigan/ TransForm multitude of coformers Pharmaceuticals, Inc. US7935817 3 May 2011 Apotex Pharmachem Adefovir dipivoxil; nicotinamide and salicylamide 22 [117] Inc. conformers US8003700 23 August 2011 Mutual Pharma­ Cochicine; solid complexes, malic acid cocrystal 7 [118] ceutical Co., Inc. US8039475 18 October 2011 Vertex Telaprevir; salicylic acid, variable stoichiometry 8 [119] Pharmaceuticals, Inc. US8058437 15 November 2011 Novelix (Pyrroloquinoxalinyl)pyrazinecarbo-hydrazide, oxalic 12 [120] Pharmaceuticals, Inc. acid co-crystal US8080580 20 December 2011 Pfizer Inc. SGLT-2 inhibitors, l-proline and pyroglutamic acid 20 [121] cocrystals US8097592 17 January 2012 Astellas Pharma SGLT-2 Inhibitor, l-proline cocrystal 6 [122] Inc., Kotobuki Pharmaceutical Co. Ltd. US8124603 28 February 2012 Thar Pharmaceuticals Meloxicam with various carboxylic acids, aliphatic 25 [123] and aromatic, and maltol and ethyl maltol US8163790 24 April 2012 New Form Metronidazole cocrystals with gentisic acid 15 [124] Pharmaceuticals, Inc. and gallic acid (specific x-ray reflections in each case) and a cocrystal of imipramine HCl and (+)-camphoric acid † Through to April 2012. SGLT-2: Sodium–glucose cotransporter subtype 2. 320 www.future-science.com future science group
  • 9. The A to Z of pharmaceutical cocrystals: a decade of fast-moving new science & patents Patent Review Table 4. Method and compositions patents issued on pharmaceutical cocrystals in Europe, 2003–2012. EP patent Date of issue Assignee Main content of claims US counter-part(s) EP1156864B1 [125] 14 May 2003 Reuter Chemische Process for isolating enantiomer US6570036 [102] Apparatebau KG components from mixtures EP1011838B1 [126] 24 May 2006 Reuter Chemische Crystallization process for separating a Apparatebau KG desired substance from mixture EP1831237B1 [127] 20 August 2008 Eli Lilly & Co., Inc. Amide prodrug of gemcitabine, cocrystal US7691827 [114] of the prodrug EP1755388B1 [128] 6 October 2010 TransForm Mixed cocrystals of modafinil US7671093 [113] Pharmaceuticals, Inc. EP2139885B1 [129] 8 December 2010 Syngenta Ltd. Cocrystals of propiconazole (an agro-chemical fungicide) EP2170284B1 [130] 24 August 2011 Feyecon B.V. A method of preparing a pharma- ceutical cocrystal composition EP2185546B1 [131] 26 October 2011 Vertex Cocrystals and pharmaceutical Pharmaceuticals, Inc. compositions, telaprevir (VX-950) EP2334687B1 [132] 4 January 2012 Pfizer Inc. SGLT-2 inhibitors, l-proline and US8080580 [121] pyroglutamic acid cocrystals EP2300472B1 [133] 18 January 2012 Boehringer Ingelheim Glucocorticoid analogs, phosphoric acid Intl. GmBH and acetic acid cocrystals EP2114924B1 [134] 25 January 2012 Vertex Cocrystals of telaprevir with Pharmaceuticals Inc. 4-hydroxybenzoic acid; solvates EP2288606B1 [135] 15 February 2012 Bayer Pharma Ag Rivaroxaban cocrystal with malonic acid EP1608339B1 [136] 21 March 2012 McNeil PPC Celecoxib cocrystal with nicotinamide US7927613 [116] may be strategic decisions on the part of innovators to in Europe to examine crystal form patent applica- pursue US patents in preference to prosecuting claims tions will become prevalent in the USA in the near in other countries. However, an increasing role of future. pharma­­ceutical cocrystals in drug development may lead to an increase in foreign patent filings. Beyond the ■■ Summary of the last decade of pharmaceutical USA and Europe, the pharmaceutical industry often cocrystals pursues patent protection in countries such as Japan, Some points can be made in summary about the sci- Canada and Australia. ence and patent activity in pharmaceutical cocrystals. The science has advanced, the patents are arriving, ■■ European patents in the area of pharmaceutical but do we have product candidates arising from the cocrystals technology at this point? In Europe, there has so far been limited issuance of patents as yet. Patents issued in Europe on pharmaceu- ■■ Scientific & patent literature on pharmaceutical tical cocrystals, methods as well as composition claims, cocrystals are listed in Table 4 [125–136] . Approximately a decade of extensive activity in the area Five of the composition patents in Table 4 have an of pharmaceutical cocrystals has been summarized in accompanying issued US patent counterpart. this review. The scientific literature on the topic is The EPO has long taken a utilitarian (problem- vast, and a number of the key papers and reviews have solving) approach to review and allowance of pat- been included to illustrate the breadth of coverage of ents, including crystal form patents. In contrast, the the topic. The patent literature on pharmaceutical USPTO has determined the patentability of crystals cocrystals is commensurately sizable. At the time of on a case-by-case basis, considering the differences writing, there are a number of pending applications on in physical and chemical properties of the new form compositions in the category of pharmaceutical coc- relative to any previously known form. Observing rystals making their way through patent prosecution. recent patent case law and implementation of the A selection of these pending cases will be discussed Leahy–Smith America Invents Act of 2011, it is pos- in the next section as examples of patents that might sible that a philosophical approach akin to that taken emerge in the next few years. future science group Pharm. Pat. Analyst (2012) 1(3) 321
  • 10. Patent Review Almarsson, Peterson & Zaworotko ■■ Language of crystal forms in patents ceutical drug-substance design and manufacture, faces An early (and apparently lasting) impact of the advent a range of challenges over the next few decades. Cocrys- of pharmaceutical cocrystals is a change in the way in tals have a role to play in resolving some of these chal- which crystal form types are generically named in pat- lenges, and provide an overall technological advance for ents and pending applications. Writers of patents have the chemistry of materials. A future perspective must be required a veritable catch basin of terms to comprehen- comprehensive, if a bit aspirational in certain areas. The sively describe crystal forms and provide scope in their subsections below represent the areas of opportunity applications. The evolution of the language of crystal perceived for the coming decades of cocrystal research forms can be illustrated using a few examples of the and development. numerous patents that have these general phrases to en- compass crystal-form types. The language in pharma- ■■ Cocrystals as alternative materials for pharmaceutical ceutical composition patents historically included, “the products of established drug molecules drug and any pharmaceutically acceptable salt” (e.g., There exists a range of products whose properties make [137,138]). When polymorphs became an issue in the them amenable for cocrystal design in order to preserve, 1990s, the general language was extended to include ensure or enhance drug performance; examples include: polymorphs, solvates and hydrates (e.g., [139,140]). Most replacing amorphous drug material with a cocrystal recently, some have added the cocrystal term as part (to avoid perceived risk associated with non-crystalline of the general description of material forms (e.g., pub- drug in the product), substituting crystalline low-sol- lished patent applications [141,142]). Evidently, awareness uble drug form with cocrystal for enhanced solubility, of the cocrystal possibility in these pharmaceutical dissolution and bio-performance, and designing bio- form cases is prompting the addition of the cocrystal equivalent cocrystal forms of known products to create term to the generic language capturing the crystal form generic equivalents or products for alternative uses to types that a pharmaceutical compound might adopt. those already approved. The itraconazole cocrystals in [107] and [109] were proposed as a substitution approach ■■ Pharmaceutical products containing cocrystals to the use of an amorphous drug coated on a bead. The Drug development is a painstaking, highly regulated concept was not to improve bioavailability, which had and long process. While several options appear on the been optimized with considerable effort through the use horizon, a clear-cut pharmaceutical product example of a bead-coating approach. Instead, cocrystals would involving a cocrystal is currently lacking. This situation simplify processing by changing to a conventional dos- is likely to change within the next 5–10 years as more age form design and, thus, facilitate removal of a meth- pharmaceutical cocrystal patents issue and drugs based ylene chloride solvent system required in the coating on pharmaceutical cocrystals as APIs make their way process. The Sporanox® product enjoyed significant pat- through clinical trials and registration. The pharma­ ent protection based on the coating process, but has now ceutical cocrystal technology has seen many applications become generic and, hence, it is doubtful that the coc- in patents and the scientific literature, and a handful of rystal product will compete and recover the investment the specific cocrystals of drug candidates are observed needed to develop the new product. Nevertheless, this to be in clinical development based on data from public general concept of replacing amorphous with crystalline sources. Based on the small number of drugs approved material has merit. An example from recent patents is in a given year, the approval of a cocrystal-based drug found in [119,131] by Vertex Pharmaceuticals on telapre- product may occur in the next few years. In general, the vir, a newly approved hepatitis C viral protease inhibitor. overall palette of drugs in regulatory review will likely This orally active antiviral compound has exceedingly continue to use a mix of technologies, cocrystals being poor bioavailability as a crystalline base compound, and one representative technology. Some of the candidate is therefore presented as an amorphous dispersion pre- pharmaceutical co­ rystals with a probability of becom- c pared by spray-drying and incorporation of stabilizing ing drugs of the future are discussed in the next section. polymers. The resulting amorphous drug is reportedly chemically and physically stable in the product at room Current perspective on pharmaceutical cocrystals temperature for years. The recently issued Incivo® (te- ■■ Pharmaceutical cocrystals at the beginning of 2012 laprevir) cocrystal patents may indicate an interest in This review covers over 30 issued patents. Many appli- contrasting a crystalline composition, not of the base cations, perhaps numbering in the hundreds, are pend- molecule but of a well-performing pharma­ eutical co­ c ing in various countries and are beyond the scope of crystal. If developed, the approach may become a case of this review. So what does the future hold for pharma­ life cycle management for telaprevir and possible com- ceutical cocrystals and indeed for the co­ rystal field in c binations of the drug with other anti­ iral agents as the v general? The chemical enterprise, including pharma­ therapeutic algorithm for hepatitis C infection evolves. 322 www.future-science.com future science group
  • 11. The A to Z of pharmaceutical cocrystals: a decade of fast-moving new science & patents Patent Review ■■ Life cycle management with cocrystals The use of a cocrystal form to bring about an Proprietary pharmaceutical companies and generic drug intravenous-to-oral switch is exemplified in a recently manufacturers alike will undoubtedly study the recent published patent application [144] . The compound in FDA guidance on pharmaceutical cocrystals, which is- question, zoledronic acid, a bone-resorption inhibitor, sued in draft form in December 2011 [37] . The guidance is water-soluble but not optimally permeable for proposes regulatory classification of pharmaceutical absorption from the gut. In addition, compounds in cocrystals, with a main recommendation that cocrys- this class are irritating to the esophagus and stomach tals can be regarded as process intermediates en route lining. A cocrystal approach was employed to increase to a drug product (e.g., tablet and capsule), while the oral bioavailability and a coating was also applied to labelling of the final product can remain confined to the allow the compound to be absorbed only once the drug original API. For example, if a known API is processed form is past the stomach. in a pharmaceutical operation to form a cocrystal by inclusion of an excipient (coformer), then the require- ■■ Scale-up & manufacture of cocrystals in batch mode ment to relabel the drug as a new API can be avoided. As useful cocrystal materials are discovered, aspects of There are nevertheless requirements for characterization their development into useful products will gain im- of the process and cocrystal material. In particular, two portance. Of primary importance will be the ability to constraints are placed on sponsors who wish to employ reproducibly manufacture the materials in large quan- a cocrystal in their drug product: they must define the tities. Some progress in this area has already been dem- difference in pKa between the drug and coformer to onstrated. For example, in some cases traditional sol- be within range of three units, so as to rationalize the vent-based crystallization can be used to prepare large lack of proton transfer and resulting ionization; the de- batches of cocrystals. Detailed knowledge of the phase veloper must show that the cocrystal dissociates to re- diagram involving the drug, coformer(s) and solvent is lease the free API before reaching the target site. These essential in these cases. Though not yet exemplified, requirements may prove to be non-trivial in some cases. the grinding method used for screening may well be a candidate for scale-up in batch mode, either as a unit ■■ Product enhancement, enabling bioperformance operation to create a new API form or in order to gen- Arguably the most technically challenging applica- erate an in situ cocrystal en route to a drug product. tions of cocrystals could prove to be the act of improv- In addition, by reducing solvent use, a practitioner is ing bio­ erformance for difficult-to-formulate drug p fulfilling one of the goals of green chemistry. candidates. Occasionally, a compound with excellent pharmacological activity and safety can pose a major ■■ Cocrystals in the context of continuous processing formulation challenge from the perspective of biop- The modern pharmaceutical enterprise has depended erformance. For example, attaining sufficient overall on batch manufacturing through the 20th century, exposure of an oral dose may require extraordinary and manufacturing groups have been surprisingly formulation efforts, such as those described for itraco- slow to adopt concepts from continuous process engi- nazole and telaprevir in previous sections. A patented neering. In contrast to pharma, chemical companies example of a development compound benefiting dra- employ continuous processing extensively in high- matically from a cocrystal form is AMG-517, a TrpV1 volume chemical manufacture. As part of a push to antagonist that was in development by Amgen, Inc. improve manufacture in the pharmaceutical industry, as a putative pain drug. Published patent application the FDA and other regulatory bodies have been pur- [143] describes the enhancement of oral exposure to this suing the Critical Path Initiative and Quality-by-De- water-insoluble compound by a sorbic acid cocrystal. sign in the last decade. The push is starting to gener- The effect of the cocrystal on bioavailability was par- ate activity and funding in continuous processing. As ticularly striking in preclinical studies (oral pharmaco­ an example, Novartis Pharmaceuticals has sponsored kinetics in rat) [38] . The boosting effect observed on a large continuous processing initiative, the main bioavailability has significant practical impact, since contributors to which are at the Massachusetts Insti- the doses required for qualification and definition of tute of Technology. Cocrystals have been shown in re- a margin of safety for the drug candidate far exceed cent publications to be good candidate compositions those envisioned in clinical use. In the absence of the for certain unit operations that fit with continuous co­ rystal, the super-exposures may never be attained, c processing. and hence the true in vivo toxicology profile of a com- While there is limited patent activity, a few publi- pound may be obscured. In summary, a cocrystal cations in the literature have introduced continuous can benefit a clinical product and, perhaps even more processing examples with cocrystals. For example, strikingly, a toxicology formulation. large amounts of cocrystals were prepared solvent-free future science group Pharm. Pat. Analyst (2012) 1(3) 323
  • 12. Patent Review Almarsson, Peterson & Zaworotko (or essentially without use of solvent) using twin • Reformulation of existing drugs for improved screw extrusion [39] . This type of processing has been performance; common in polymer production, but is less extensively • Life cycle management with recently approved applied in pharmaceutical manufacture. Spray-drying, drugs; a technique often used to prepare amorphous materi- als, was used in the preparation of several cocrystals • Enabling novel development compounds: bio­ [40] . In another example, demonstrating the utility of performance and purification; cocrystals in modern chemical transformations, a coc- • Scale-up: both batch mode and continuous; rystal with lower solubility than either of the parent compounds was used to precipitate the product in a • Green chemistry and synthesis with cocrystals as fermentation reaction [41] . Each of the techniques de- inter­ ediates. m scribed above can be utilized as batch operations or as continuous (or semicontinuous) manufacturing The regulatory arena is beginning to deal with the operations. appearance of pharmaceutical cocrystals as a class of materials. Examples are the FDA guidance published ■■ Synthesis with cocrystals green chemistry in December 2011 [37] , as well as a recent literature opportunities report from the FDA on carbamazepine saccharin [44] , Cocrystals offer the potential to eliminate the need for one of the prototypes of the class as it emerged in a use of solvent in a chemical reaction and thereby re- systematic way in the past decade. In regard to the duce the cost of materials used in processing and all of patent landscape for pharmaceutical cocrystals, we the costs of dealing with solvent waste. Such ‘co­ rystal c should expect to see continued and likely accelerating controlled solvent-free synthesis’ [42] approaches have activity in various regions, as is likely to continue to already demonstrated that high yield solvent-free syn- be the case for solid forms in general [45] . The target thesis can be accomplished in several classes or reac- compounds and uses will likely reflect some or all of tion through two strategies: the use of coformers to the areas in the above future outlook. And perhaps serve the role of a template for aligning reactive groups further opportunities will be identified in the current (e.g.,  photodimerization of olefins [32]), and the for- decade. mation of cocrystals from two reactive coformers fol- lowed by application of stress (e.g.,  condensation [43]). Disclaimer This review describes the opinions and observations of the authors as Future perspective scientists in the field of pharmaceutical crystal engineering, and does The future outlook for pharmaceutical cocrystals not necessarily represent the viewpoints of the authors’ employers. indicates promise in the following areas: No legal opinions or advice are provided herein. Executive summary Background ƒƒ Solid forms of active pharmaceutical ingredients (APIs) are important to the function of products. Physicochemical properties of compounds are determined by the crystal structure. ƒƒ The motivation for studying cocrystals of pharmaceutical compounds comes from the need to optimize properties, such as solubility, dissolution rate and bioavailability. There are also patenting motivations for studying cocrystals in the context of drugs and drug candidates. For regulatory review, the solid form of a drug candidate must be well characterized and described. History & nomenclature of cocrystals ƒƒ Cocrystals have been long known, but not until recently have they been studied systematically for pharmaceutical compounds. Alternative names include complexes and multicomponent crystals. This review excludes cocrystals of drugs with proteins; the focus is on the drug compound and its compositions with cocrystal formers (abbreviated as ‘coformers’). ƒƒ Other solid forms of APIs include the pure form, solvates and salt forms. A salt comes from proton transfer to or from a drug substance with an oppositely charged counterion to balance charge of the ionized drug. Cocrystals do not have this requirement, and cocrystals of salts exist. Any of the possible crystal form types are subject to potential polymorphism – the appearance of multiple crystal forms of the same chemical composition having different properties from one another. ƒƒ Design of cocrystals is a great opportunity for pharmaceutical compounds. Rapid advances in crystal engineering and characterization capabilities have given the field of pharmaceutical cocrystals a big boost in the last decade. Making cocrystals represents a supramolecular synthetic strategy: synthesis of new compounds with the desired pharmacological agent as part of distinct non-covalent crystal compositions. 324 www.future-science.com future science group
  • 13. The A to Z of pharmaceutical cocrystals: a decade of fast-moving new science & patents Patent Review Executive summary (cont.) Pharmaceutical cocrystals: recent literature & definition ƒƒ The primary literature surveyed includes multiple citations from the 20th century. The beginning of the 21st century saw a section of key papers highlighting the potential of pharmaceutical cocrystals to tailor and improve performance of compounds like carbamazepine, fluoxetine HCl and itraconazole. US patents on pharmaceutical cocrystals ƒƒ Methodology patents – five US patents and two EP – patents are discussed. The key challenge with methodology and process patents on pharmaceutical cocrystals (and crystal forms in general) is the degree to which enforcement is practical. Composition patents are more prevalent in the field of pharmaceutical cocrystals. ƒƒ Composition patents: 18 US patents have been issued in the past decade (based on our survey through to April 2012). A large number of pending applications are in process, and only a few of these are mentioned in this review. Composition claims range from very specific (a particular form of a specific cocrystal composition characterized by a physical property) to sub-genus claims (any cocrystal of a particular drug with a class of coformers). Patents in countries outside the USA ƒƒ European patents in the area of pharmaceutical cocrystals are not yet as numerous as patents in the USA, but there remains significant ongoing activity. Ten European patents have been issued to date, and most EP patents have pending or issued US counterparts. Summary of the last decade of pharmaceutical cocrystals ƒƒ The language in pharmaceutical composition patents historically included ‘the drug and any pharmaceutically acceptable salt’. In the 1990s, the general language was extended to include polymorphs, solvates and hydrates. Most recently, some have added the cocrystal term as part of the general description of material forms. ƒƒ While several options appear on the horizon, a clear-cut pharmaceutical product example involving a cocrystal is currently lacking. The signs are that this will change within the next decade. Current perspective on pharmaceutical cocrystals ƒƒ Cocrystals as alternative materials for pharmaceutical products of established drug molecules. A range of products exist for which structure and properties make them amenable for cocrystal design in order to preserve, ensure or enhance drug performance. Examples include: Replacing amorphous drug material with a cocrystal to avoid perceived risk associated with non-crystalline drug in the product; Substituting crystalline low-soluble drug form with cocrystal for enhanced solubility, dissolution and bioperformance; Designing bioequivalent cocrystal forms of known products. ƒƒ Life cycle management with cocrystals: proprietary pharmaceutical companies and generic drug manufacturers alike will undoubtedly study (and perhaps also comment on) the recent US FDA guidance on pharmaceutical cocrystals, which was issued in draft form in December 2011. ƒƒ Product enhancement, enabling bio-performance: a key use of pharmaceutical cocrystals is to improve bioperformance (e.g., bioavailability, rate of absorption) for difficult-to-formulate drug candidates. The use of a cocrystal form to bring about an intravenous-to-oral reformulation is also exemplified. ƒƒ Scale-up and manufacture of cocrystals in batch mode relies on engineering capability and physical understanding of the cocrystal at hand. In principle (and in practice) traditional solvent-based crystallization can be developed to prepare large batches of cocrystals. A successful crystallization process must be based on detailed knowledge of the phase diagram (solubility and temperature dependence of solubility) involving the drug, coformer(s) and solvent. ƒƒ Cocrystals in the context of continuous processing; the modern pharmaceutical enterprise has depended on batch manufacturing through the 20th century, with slow adoption of concepts from continuous process engineering. As part of a push to improve manufacture in the pharmaceutical industry, the FDA and other regulatory bodies have been pursuing the Critical Path Initiative and Quality-by-Design in the last decade. Recent activity and funding in continuous processing is exemplified by the Novartis/ MIT continuous processing initiative. Synthesis with cocrystals & green chemistry opportunities ƒƒ Cocrystals offer the potential to eliminate the need for use of solvent in a chemical reaction and, thereby, reduce the cost of materials used in processing and all costs associated with dealing with solvent waste. Such ‘cocrystal-controlled solvent-free synthesis’ approaches have been demonstrated in literature recently. Future perspective ƒƒ The future outlook for pharmaceutical cocrystals indicates promise in the following areas: Reformulation of existing drugs for improved performance; Life cycle management with recently approved drugs; Enabling novel development compounds: bioperformance and purification; Scale-up: batch mode and continuous; Green chemistry and synthesis with cocrystals as intermediates. future science group Pharm. Pat. Analyst (2012) 1(3) 325