AU2002300863B9

AU2002300863B9 - Controlled Release Formulation

Info

Publication number: AU2002300863B9
Application number: AU2002300863A
Authority: AU
Inventors: Udo Hahn; Stewart Thomas Leslie; Sandra Therese Antoinette Malkowska; Ronald Brown Miller; Derek Allan Prater; Kevin John Smith; Walter Wimmer; Horst Winkler
Original assignee: Euro Celtique SA
Current assignee: Euro Celtique SA
Priority date: 1993-05-10
Filing date: 2002-09-04
Publication date: 2014-02-20
Also published as: AU2002300863B2; AU2009243527A1; AU2009243527B8; AU6552699A; AU2009243527B2; AU2009243527A8

Abstract

CONTROLLED RELEASE FORMULATION Abstract A controlled release preparation for oral administration contains tramadol, H CH 2-N\CH3 or a pharmaceutically acceptable salt thereof, as active ingredient.

Description

No: (P)NSD1384/2009 Federal Court of Australia District Registry: New South Wales FEDERAL COURT OF AUSTRALIA N.S.W DISTRICT REGISTRY Division: General FILED / RECEIVED 14 JAN 2014 EURO-CELTIQUE S.A. Applicant Fee paid $ SANDOZ PTY LTD (ACN 075 449 553) Respondent ORDER JUDGE: Justice Nicholas DATE OF ORDER: 19 December 2013 WHERE MADE: Sydney THE COURT NOTES THAT: 1. The applicant has given notice to the Commissioner of Patents-id uef"s 105(3) o) the Patents Act 1990 (Cth) (the Act) of its application for an order ?infeidihflg Patent Application No. 2002300863 in accordance with Annexure 1 to these orders. 2. The Commissioner of Patents has confirmed that she has no objection to the amendments to Patent Application No. 2002300863 and that she does not intend to appear in relation to the above amendments. THE COURT ORDERS THAT: 3. Pursuant to s 105(2) of the Act, the requirement of rule 34.41(2) relating to advertising of the proposed amendments be dispensed with. 4. Pursuant to s105(lA) of the Act, the claims of the Patent Application No. 2002300863 be amended as set out in Annexure 1 to these orders. 5. Leave be granted to the applicant to file a Notice of Contention in NSD 1385 of 2009. Prepared in the New South Wales District Registry, Federal Court Of Australia, Level 17, Law Courts Building, Queen's Square, 6. The matter be listed for directions at 9.30am on 10 February 2014. Date that entry is stamped: 14 January 2014 Deput " is-ct Re aistr~i NEW SOUTH V.A WL C- S SPRUSON & FERGUSON AUSTRALIA Patents Act 1990 Statement of Proposed Amendments - Section 105(1A) Application No: 2002300863 Our Ref: 986960:PMH (CCN 3710000177) Applicant: Euro-Celtique S.A 1. Pages 1, 1 a and 24 to 27: Delete and insert new pages 1, 1 a and 24 to 27, lodged herewith in duplicate 20 November01 EURO-LTIQUP N W sOUTH Registered Patent Attorney 0006S(8063689 1):RTK S&F Ref 270867D3 AUSTRALIA PATENTS ACT 1990 COMPLETE SPECIFICATION FOR A STANDARD PATENT ORIGINAL Name and Euroceltique S.A. Address 122 Boulevard De La Petrusse of Applicant: Luxembourg Actual Ronald Brown Miller, Stewart Thomas Leslie, Sandra Inventor(s): Therese Antoinette Malkowska, Kevin John Smith, Walter Wimmer, Horst Winkler, Udo Hahn, Derek Allan Prater Address for Spruson & Ferguson Service: St Martins TowerLevel 35 31 Market Street Sydney NSW 2000 (CCN 3710000177) Invention Title: Controlled Release Formulation The following statement is a full description of this invention, including the best method of performing it known to me/us:- 1 CONTROLLED RELEASE FORMULATION The present invention relates to a controlled release preparation for oral administration, to processes for its preparation and to its medical use. In particular, the invention relates to a controlled release preparation comprising tramadol or a pharmaceutically acceptable salt thereof. Tramadol, which has the chemical name (±)trans-2- [(dimethylamino)methyl] -1 -(3 methoxyphenyl) cyclohexanol, is an orally active opioid analgesic. Conventional release preparations in the form of capsules, drops and suppositories containing tramadol, or more particularly, its hydrochloride salt, have been commercially available for many years for use in the treatment of moderate to severe pain; such preparations, however, do not provide a controlled release of tramadol. Moreover, despite tramadol's long-standing use, controlled release preparations for oral administration containing tramadol as active ingredient have not even previously been described in the literature. It is an object of the present invention to provide an oral controlled release tramadol preparation suitable for at least twelve-hourly (e.g., up to twenty-four hourly) administration for the treatment of pain. The present invention therefore provides a controlled release, oral pharmaceutical preparation suitable for dosing every twelve hours containing 50 to 400mg of tramadol or pharmaceutically acceptable salt thereof (calculated as hydrochloride) in a controlled release matrix, the preparation containing between 1 and 80% w/w of one or more hydrophilic or hydrophobic polymers and having the following dissolution rate in vitro when measured using the Ph. Eur. Paddle Method at 100rpm in 900ml 0. IN hydrochloric acid at 37 C and using UV detection at 270nm: between 5 and 50% (by weight) tramadol released after 1 hour, between 10 and 75% (by weight) tramadol released after 2 hours, between 20 and 95% (by weight) tramadol released after 4 hours, between 40 and 100% (by weight) tramadol released after 8 hours, more than 50% (by weight) tramadol released after 12 hours, more than 70% (by weight) tramadol released after 18 hours, more than 80% (by weight) tramadol released after 24 hours.

In an aspect of the present invention the controlled release, oral pharmaceutical preparation is characterised in that at least one of the hydrophilic or hydrophobic polymers is a cellulose ether. In another aspect of the present invention the controlled release, oral pharmaceutical preparation is characterised in that the controlled release matrix comprises a cellulose ether which is an alkyl cellulose. In a further aspect of the present invention the controlled release, oral pharmaceutical preparation is characterised in that the controlled release matrix comprises at least one alkyl-cellulose and at least one C 12 to C 3 6 aliphatic alcohol. Suitable pharmaceutically acceptable salts of tramadol for use according to the present invention are those conventionally known in the art such as pharmaceutically acceptable acid addition salts. The hydrochloride salt is particularly preferred. A controlled release, oral pharmaceutical preparation according to the present invention is one that achieves slow release of a drug over an extended period of time, thereby extending the duration of drug action over that achieved by conventional delivery. Preferably, such a preparation maintains a drug concentration in the blood within the therapeutic range for 12 hours or more.

2 The present inventors have found that in order to allow for controlled release tramadol over at least a twelve hour period following oral administration, the in vitro release rate preferably corresponds to the following % rate of tramadol released: TABLE 1 TIME (M- % RELEASED 1 050 2 0-75 4 3-95 8 10-100 12 20-100 16 30-100 24 50-100 36 >80 Another preferred preparation especially suited for twice-a-day dosing has an in vitro release rate corresponding to the following % rate of tramadol released: 3 TABLE 2 TME (H) % RELEASED 1 20-50 2 40-75 5 4 60-95 8 80-100 12 90-100 Yet another preferred preparation particularly suited for once-a-day dosing has an in-vitro release rate corresponding to the following % rate of tramadol released: 10 TABLE 3 TI E (M % RELEASED 1 0-50 2 0-75 4 10-95 I5~ 8 35-100 12 55-100 16 70-100 24 >90 A still further preferred preparation in accordance with the invention also particularly 20 suited for once-a-day dosing has an in vitro release rate corresponding to the following % rate of tramadol released.

4 TABLE4 TWE a % RELEASED 1 0-30 2 0-40 4 3-55 8 10-65 12 20-75 16 30-88 24 50-100 36 >80 More preferably a preparation for once-a-day dosing has an in vitro release rate substantially as follows; TIME (H) % TRAMADOL RELEASED 1 10-30 45 2 17-37 4 27-47 8 40-60 12 49-69 16 57-77 20 Another preferred dissolution rate in vitro upon release of the controlled release preparation for administration twice daily according to the invention, is between 5 and 50% (by weight) tramadol released after 1 hour, between 10 and 75% (by weight) 5 tramadol released after 2 hours, between 20 and 95% (by weight) tramadol released after 4 hours, between 40 and 100% (by weight) tramadol released after 8 hours, more than 50% (by weight) tramadol released after 12 hours, more than 70% (by weight) released after 18 hours and more than 80% (by weight) tramadol released after 24 6 hours. Furthermore, it is preferred in the case of a controlled release preparation for administration twice daily that after 8 hours following oral administration between 70 and 95% (by weight) tramadol is absorbed in vivo, between 77 and 97% (by weight) tramadol is absorbed after 10 hours and between 80 and 100% (by weight) tramadol 0 is absorbed after 12 hours. A formulation in accordance with the invention suitable for twice-a-day dosing may have a tmax of 1.5 to 8 hours, preferably 2 to 7 hours, and a W. value in the range 7 to 16 hours. A formulation in accordance with the invention suitable for once-a-day dosing may have a tmax in the range of 3 to 6 hours, preferably 4 to 5 hours and a Wo value in the range of 10 to 33 hours. The W,, parameter defines the width of the plasma profile at 50% Cmax, i.e. the duration over which the plasma concentrations are equal to or greater than 50% of the peak concentration. The parameter is determined by linear interpolation of the a observed data and represents the difference in time between the first (or only) upslope crossing and the last (or only) downslope crossing in the plasma profile. The in vitro release rates mentioned herein are, except where otherwise specified, those obtained by measurement using the Ph. Eur. Paddle Method at 100rpm in 900ml 0.1 N hydrochloric acid at 37"C and using UV detection at 2 70nm.

6 The controlled release preparation according to the invention preferably contains an analgesically effective amount of tramadol or a pharmaceutically acceptable salt thereof, conveniently in the range of from 50 to 800 mg, especially 100, 200, 300, 400 to 600 mg (calculated as tramadol hydrochloride) per dosage unit. 5 The controlled release preparation according to the invention may be presented, for example, as granules, spheroids, pellets, multiparticulates, capsules, tablets, sachets, controlled release suspensions, or in any other suitable dosage form incorporating such granules, spheroids, pellets or multiparticulates. The active ingredient in the preparation according to the invention may suitably be PO incorporated in a matrix. This may be any matrix that affords controlled release tramadol over at least a twelve hour period and preferably that affords in-vitro dissolution rates and in vivo absorption rates of tramadol within the ranges specified above. Preferably the matrix is a controlled release matrix. Alternatively, normal release matrices having a coating which provides for controlled release of the active 5 ingredient may be used. Suitable materials for inclusion in a controlled release matrix include (a) Hydrophillic or hydrophobic polymers, such as gums, cellulose ethers, acrylic resins and protein derived materials. Of these polymers, the cellulose ethers, especially alkylcelluloses are preferred. The preparation may conveniently 2o contain between 1% and 80% (by weight) of one or more hydrophillic or hydrophobic polymers. (b) Digestible, long chain (C-C, especially C, 2 -Ca), substituted or unsubstituted hydrocarbons, such as fatty acids, fatty alcohols, glyceryl esters of fatty acids, mineral and vegetable oils and waxes. Hydrocarbons having a melting point of 7 between 25 and 90"C are preferred. Of these long chain hydrocarbon materials, fatty aliphaticc) alcohols are preferred. The preparation may conveniently contain up to 60% (by weight) of at least one digestible, long chain hydrocarbon. S (c) Polyalkylene glycols. The preparation may suitably contain up to 60% (by weight) of one or more polyalkylene glycols. One particularly suitable controlled release matrix comprises one or more alkylcelluloses and one or more C 12

-C,

6 aliphatic alcohols. The alkylcellulose is preferably C,-C 6 alkyl cellulose, especially ethyl cellulose. The controlled release to preparation according to the invention preferably contains from I to 20% (by weight), especially from 2 to 15% (by weight) of one or more alkylcelluloses. The aliphatic alcohol may conveniently be lauryl alcohol, myristyl alcohol or stearyl alcohol but is preferably cetyl alcohol or more preferably cetostearyl alcohol. The controlled release preparation suitably contains from 5 to 30% (by weight) of aliphatic 1 alcohol, especially from 10 to 25% (by weight) of aliphatic alcohol. Optionally the controlled release matrix may also contain other pharmaceutically acceptable ingredients which are conventional in the pharmaceutical art such as diluents, lubricants, binders, granulating aids, colourants, flavourants, surfactants, pH adjusters, anti-adherents and glidants, e.g. dibutyl sebacate, ammonium hydroxide, 20 oleic acid and colloidal silica. The controlled release preparation according to the invention may conveniently be film coated using any film coating material conventional in the pharmaceutical art. Preferably an aqueous film coating is used. Alternatively, the controlled release preparation according to the invention may I, comprise a normal release matrix having a controlled release coating. Preferably the preparation comprises film coated spheroids containing the active ingredient and a g spheronising agent. The spheronising agent may be any suitable pharmaceutically acceptable material which may be spheronised together with the active ingredient to form spheroids. A preferred spheronising agent is microcrystalline cellulose. The microcrystalline cellulose used S may suitably be, for example, Avicel PH 101 or Avicel PH 102 (Trade Marks, FMC Corporation). Optionally the spheroids may contain other pharmaceutically acceptable ingredients conventional in the pharmaceutical art such as binders, bulking agents and colourants. Suitable binders include water soluble polymers, water soluble hydroxyalkyl celluloses such as hydroxypropylcellulose or water insoluble polymers (which may also contribute controlled release properties) such as acrylic polymers or copolymers for example ethylcellulose. Suitable bulking agents include lactose. The spheroids are coated with a material which permits release of the active ingredient at a controlled rate in an aqueous medium. Suitable controlled release coating 15 materials include water insoluble waxes and polymers such as polymethacrylates (for example Eudragit polymers, Trade Mark) or water insoluble celluloses, particularly ethylcellulose. Optionally, water soluble polymers such as polyvinylpyrrolidone or water soluble celluloses such as hydroxypropylmethylcellulose or hydroxypropylcellulose may be included. Optionally other water soluble agents such as polysorbate 80 may be added. Alternatively the drug nay be coated onto inert non-pareil beads and the drug loaded beads coated with a material which permits control of the release of the active ingredient into the aqueous medium. In a further aspect the present invention provides a process for preparing a controlled 25' release preparation according to the present invention comprising incorporating tramadol or a pharmaceutically acceptable salt thereof in a controlled release matrix, for example by 9 (a) granulating a mixture comprising tramadol or a pharmaceutically acceptable salt thereof and one or more alkylcelluloses, (b) mixing the alkylcellulose containing granules with one or more C, 2 36 aliphatic alcohols; and optionally 5 (c) shaping and compressing the granules, and film coating, if desired; or (d) granulating a mixture comprising tramadol or a pharmaceutically acceptable salt thereof, lactose and one or more alkylcelluloses with one or more C, aliphatic alcohol; and, optionally, (e) shaping and compressing the granules, and film coating, if desired. 10 The controlled release preparation according to the invention may also be prepared in the form of film coated spheroids by (a) granulating the mixture comprising tramadol or a pharmaceutically acceptable salt thereof and a spheronising agent; (b) extruding the granulated mixture to give an extrudate; (c) spheronising the extrudate until spheroids are formed; and (d) coating the spheroids with a film coat. One preferred form of unit dose form in accordance with the invention comprises a capsule filled with controlled release particles essentially comprising the active ingredient, a hydrophobic fusible carrier or diluent and optionally a hydrophillic release o modifier. In particular, the controlled release particles are preferably prepared by a process which comprises forming a mixture of dry active ingredient and fusible release control materials followed by mechanically working the mixture in a high speed mixer 10 with an energy input sufficient to melt or soften the fusible material whereby it forms particles with the active ingredient. The resultant particles, after cooling, are suitably sieved to give particles having a size range from 0.1 to 3.0mm, preferably 0.25 to 2 .0mm. An example according to the invention is described below which is suitable 6 for the commercial production of dosage units. When using such a processing technique it has been found that, in order most readily to achieve the desired release characteristics (both in vivo and in vitro as discussed above) the composition to be processed should comprises two essential ingredients namely: io (a) tramadol or salt thereof; and (b) hydrophobic fusible carrier or diluent; optionally together with (c) a release control component comprising a water-soluble fusible material or a particulate soluble or insoluble organic or inorganic material. We have found that the total amount of tramadol or pharmaceutically acceptable salt 6 thereof in the composition may vary within wide limits, for example from 10 to 90% by weight thereof. The hydrophobic fusible component (b) should be a hydrophobic material such as a natural or synthetic wax or oil, for example hydrogenated vegetable oil, hydrogenated castor oil, microcrystalline wax, Beeswax, Carnauba wax or glyceryl monostearate, and suitably has a melting point of from 35 to 140*C, preferably 45 to I 10*C. The release modifying component (c), when a water soluble fusible material, is conveniently a polyethylene glycol and, when a particulate material, is conveniently a pharmaceutically acceptable material such as dicalcium phosphate or lactose.

11 Another preferred process for the manufacture of a formulation in accordance with the invention comprises (a) mechanically working in a high-speed mixer, a mixture of tramadol or a pharmaceutically acceptable salt in particulate form and a particulate, hydrophobic fusible carrier or diluent having a melting point from 35 to 140"C and optionally a release control component comprising a water soluble fusible material, or a particulate soluble or insoluble organic or inorganic material at a speed and energy input which allows the carrier or diluent to melt or soften, whereby it forms agglomerates, (b) breaking down the larger agglomerates to give controlled release seeds; and (c) continuing mechanically working with optionally a further addition of low percentage of the carrier or diluent. (d) optionally repeating steps (c) and possibly (b) one or more times. This process is capable of giving a high yield (over 80%) of particles in a desired size range, with a desired uniformity of release rate of tramadol or salt thereof. The resulting particles may be sieved to eliminate any over-or undersized material then formed into the desired dosage units by for example, ehcapsulation into hard gelatin capsules containing the required dose of the active substance or by compression into tablets. -1 In this method in accordance with the invention preferaby all the tramadol or salt thereof is added in step (a) together with a major portion of the hydrophobic fusible release control material used. Preferably the amount of fusible release control material added in step (a) is between 10% and 90% w/w of the total amount of ingredients added in the entire manufacturing operation, more preferably between 20% and Z 70% w/w.

12 Stage (a) of the process may be carried out in conventional high speed mixers with a standard stainless steel interior, e.g. a Collette Vactron 75 or equivalent mixer. The mixture is processed until a bed temperature about 40 0 C or above is achieved and the resulting mixture acquires a cohesive granular texture, with particle sizes ranging from f about 1-3mm to fine powder in the case of non-aggregated original material. Such material, in the case of the embodiments described below, has the appearance of agglomerates which upon cooling below 40"C have structural integrity and resistance to crushing between the fingers. At this stage the agglomerates are of an irregular size, shape and appearance. The agglomerates are preferably allowed to cool. The temperature to which it cools is not critical and a temperature in the range room temperature to 37"C may be conveniently used. The agglomerates are broken down by any suitable means, which will comminute oversize agglomerates and produce a mixture of powder and small particles preferably with a diameter under 2mm. It is currently preferred to carry out the classification using a Jackson Crockatt granulator using a suitable sized mesh, or a Comil with an appropriate sized screen. We have found that if too small a mesh size is used in the aforementioned apparatus the agglomerates melting under the action of the beater or impeller will clog the mesh and prevent further throughput of mixture, thus reducing 20 yield. A mesh size of 12 has been found adequate. The classified material is returned to the high speed mixer and processing continued. It is believed that this- leads to cementation of the finer particles into particles of uniform size range. In one preferred form of the method of the invention processing of the classified materials is continued, until the hydrophobic fusible materials used begin to soften/melt and optionally additional hydrophobic fusible material is then added. Mixing is continued until the mixture has been transformed into particles of the desired predetermined size range.

13 In order to ensure uniform energy input into the ingredients in the high speed mixer it is preferred to supply at least part of the energy by means of microwave energy. Energy may also be delivered through other means such as by a heating jacket or via the mixer impeller and chopper blades. 5 After the particles have been formed they are cooled or allowed to cool, and may then be sieved to remove any over or undersized material. The resulting particles may be used to prepare dosage units in accordance with the invention in the form of e.g. tablets or capsules in manners known per se. We have also found that particles containing tramadol or a salt thereof produced by to a melt processing as described in application PCTISE93/00225 and the process described and claimed in our prior published British Specification No. 2284760 as well as the process described herein are particularly useful for processing into the form of tablets. We have found that by suitable selection of the materials used in forming the particles is and in the tabletting and the proportions in which they are used, enables a significant degree of control in the ultimate dissolution and release rates of the tramadol or salt thereof from the compressed tablets. Usually, to form a tablet in accordance with the invention, particles prepared as described above will be admixed with tabletting excipients e.g. one or more of the 20 standard excipients such as diluents, lubricants, binding agents, flow aids, disintegrating agents, surface active agents or water soluble polymeric materials. Suitable diluents are e.g. microcrystalline cellulose, lactose and dicalcium phosphate. Suitable lubricants are e.g. magnesium stearate and sodium stearyl fumarate. Suitable binding agents are e.g. hydroxypropyl methyl cellulose, polyvidone and methyl 25 cellulose.

14 Suitable disintegrating agents are starch, sodium starch glycolate, crospovidone and croscarmalose sodium. Suitable surface active are Poloxamer 1880, polysorbate 80 and sodium lauryl sulfate. Suitable flow aids are tale colloidal anhydrous silica. S Suitable water soluble polymers are PEG with molecular weights in the range 1000 to 6000. To produce tablets in accordance with the invention, particles produced in accordance with the invention may be mixed or blended with the desired excipient(s), if any, using conventional procedures, e.g. using a Y-Cone or bin-blender and the resulting mixture ,0 compressed according to conventional tabletting procedure using a suitable size tabletting mould. Tablets can be produced using conventional tabletting machines, and in the embodiments described below were produced on standard single punch F3 Manesty machine or Kilian RLE15 rotary tablet machine. Generally speaking we find that even with such a highly water soluble active agent as tramadol or salt thereof tablets formed by compression according to standard methods give very low release rates of the active ingredient e.g. corresponding to release over a period of greater than 24 hours, say more than 36. We have found that the release profile can be adjusted in a number of ways. For instance a higher loading of the drug will be associated with increased release rates; the use of larger proportions of the 20 water soluble fusible material in the particles or surface active agent in the tabletting formulation will also be associated with a higher release rate of the active ingredient. By controlling the relative amounts of these ingredients it is possible to adjust the release profile of the tramadol or salt thereof. In order that the invention may be well understood the following examples are given by way of illustration only.

15 Example 1 Tablets having the following formulation were prepared: mg/tablet Tramadol Hydrochloride 100 5 Lactose Ph. Eur. 68.0 Ethylcellulose (Surelease* 25% solids) 15 Purified Water Ph. Eur. 13.3* Cetostearyl Alcohol Ph. Eur. 42.00 (Dehydag wax 0) 10 Magnesium Stearate Ph. Eur. 2.00 Purified Talc Ph. Eur. 3.00 230.00 * Removed during processing. )5 Tramadol hydrochloride (100mg) and lactose (68mg) were granulated, transferred to a fluid bed granulator and sprayed with ethylcellulose (15mg) and water. The granules were then dried at 60*C and passed through a lrmn screen. To the warmed tramadol containing granules was added molten cetostearyl alcohol (4 2 mg) and the whole was mixed thoroughly. The granules were allowed to cool and -Z sieved through a 1.6mm screen. Purified talc and magnesium stearate were added and mixed with the granules. The granules were then compressed into tablets. The tablets were coated with a film coat having the formulation given below. mg/tablet Hydropropylmethylcellulose 0.770 Ph. Eur. 15 cps (Methocel E15) i Hydroxypropylmethylcellulose 3.87 (Ph. Eur. 5 cps (Methocel E5) Opaspray M-1-7111B (33% solids) 2.57 16 Polyethylene glycol 400 USNF 0.520 Purified Talc Ph. Eur. 0.270 Purified Water Ph. Eur. 55.52* * Remove during processing. 5 Example 2 Tablets having the following formulation were prepared: mg/tablet Tramadol hydrochloride 100.0 Lactose Ph. Eur. 58.0 to Ethylcellulose USNF 15.0 (Ethocel 45 CP) Cetostearyl alcohol Ph. Eur. 52.0 (Dehydag wax 0) Magnesium stearate Ph. Eur. 2.00 Purified talc Ph. Eur. 3.00 A mixture of tramadol hydrochloride (100mg), lactose (58mg) and ethylcellulose (15mg) was granulated whilst adding molten cetostearyl alcohol (52mg) and the whole was mixed thoroughly. The granules were allowed to cool and sieved through a 1.6in screen. Purified talc and magnesium stearate were added and mixed with the Ao granules. The granules were then compressed into tablets which were coated with a film coat having the formulation given in Example 1. Example 3 Film coated tablets were produced following the procedure described in Example 2 and having the following formulation: 17 mg/tablet Tramadol hydrochloride 100.00 Lactose Ph. Eur. 70.50 Hydroxyethylcellulose Ph. Eur. 12.50 S~ Cetostearyl alcohol Ph. Eur. 42.00 Magnesium stearate Ph. Eur. 2.00 Purified talc Ph. Eur. 3.00 In vitro dissolution studies In vitro dissolution studies were conducted on tablets prepared as described above. Results are given in Table 1. TABLE 1 WT % TRAMADOL RELEASED Time (h) Example 1 Example 2* Example 3 1 39 35 43 1r 2 52 47 60 4 67 62 84 8 82 78 97 12 90 86 * Measured on tablet core - In a trial involving 12 healthy volunteers the serum levels of tramadol following administration of one tablet according to Example 2 was found to be as illustrated in Figure 1.

18 Example 4 and 5 Particles having the formulations given in Table 11 below , were prepared by the steps of: i. Placing the ingredients (a) and (c) (total batch weight 0.7kg) in the bowl of a 10 litre capacity Collette Gral Mixer (or equivalent) equipped with variable speed mixing and granulating blades; ii. Mixing the ingredients at about 150-1O0rpm whilst applying heat until the contents of the bowl are agglomerated. iii. Classifying the agglomerated material by passage through a Comil and/or to Jackson Crockatt to obtain controlled release seeds. iv. Warming and mixing the classified material in the bowl of a 10 litre Collette Gral, until uniform multiparticulates of the desired pre-determined size range are formed in yield of greater than 80%. This takes approximately 5 minutes. v. Discharging the multiparticulates from the mixer and sieving them to separate out the multiparticulates collected between 0.5 and 2mm aperture sieves. TABLE H Example 4 5 (a) Tramadol HCI (Wt%) 50 75 (b) Hydrogenated Vegetable Oil (Wt%) 50 25 .0 Example 6 Samples of the particles from Example 4 were blended with magnesium stearate and purified talc using a Y-Cone or bin-blender. The blended mixture was then 19 compressed using either (1) 14 x 6mm, (2) 16 x 7mm or (3) 18.6 x 7.5mm capsule shaped tooling on a single punch F3 Manesty tabletting machine to give tablets giving 200, 300 and 4 00 mg of tranadol HCI. The ingredients per dosage unit amounted to the following: TABLE III TABLET MG/TABLET INGREDIENT 1 2 3 Tramadol QHcl 200 300 400 Hydrogenated Vegetable Oil 200 300 400 to Sub Total 400 600 800 Purified Talc 12.63 18.95 25.26 Magnesium Stearare 8.42 12.63 16.84 The tablets were assessed by the dissolution using Ph. Eur. Paddle Method 100 rpm, 0.1 N HC. If To assess the non-compressed particles the Ph Eur. Paddle was replaced by a modified Ph Eur. Basket. The results are shown in Table IV below; 20 TABLE IV HOURS AFTER Particles Tablet 1 Tablet 2 Tablet 3 START OF TEST %7. TRAMADOL HC RELEASED 1 54 16 15 15 2 68 23 20 21 3 76 28 25 25 4 82 32 28 28 6 89 40 35 35 8 93 46 41 40 io 10 96 50 45 45 12 98 55 49 49 16 100 63 57 56 20 NR 70 63 NR These results confirm the effectiveness of the tabletting in reducing the release rate. E Example 7 Samples of the particles from Example 5 were then tabletted using a procedure similar to Example 3 and the ingredients per unit dosage amounted to: 21 TABLE V TABLET MG/TABLET INGREDIENT _ __ 4 5 6 Tramadol HcI 200 300 400 Hydrogenated Vegetable Oil 66.7 100 133 Sub Total 266.7 400 533 Purified Talc 7.63 11.44 15.25 Magnesium Stearate 5.16 7.63 10.17 The tablets and samples of non-compressed multiparticulates (each sample containing 400mg of tramadol hydrochloride) were assessed by the dissolution method also described above. The results are shown in Table VI below; TABLE VI HOURS AFTER Particles Tablet 4 Tablet 5 Tablet 6 START OF TEST % TRAMADOL HCI RELEASED 1 77 43 40 42 2 92 64 55 56 3 98 75 65 66 4 100 83 72 73 6 102 94 83 84 20 8 102 100 91 91 10 102 NR 96 97 22 These results show that by increasing the loading of the highly water soluble tramadol hydrochloride (75% w/w in this example compared with 50% w/w in Example 6) a significantly faster release rate of the active ingredient can be achieved. Example 8 5- Example 4 was repeated but with the following formulation: Tramadol HCI 200 mg/tablet Hydrogenated Vegetable Oil 163.0 mg/tablet The resulting multiparticulates were blended as described in Example 6 with the following; o Purified Talc 11.5 mg/tablet Magnesium Stearate 7.66 mg/tablet The blend was then compressed as described in Example 6 but using 15mm x 6.5mm normal concave capsule shaped plain/plain punches. The resulting tablets were then assessed by the dissolution method described above. The results are shown in Table V.

23 HOURS AFTER START OF TEST % TRAMADOL HCI RELEASED 1 20 2 27 3 32 S' 4 37 6 44 8 50 10 55 12 60 16 67 20 73 24 77 In a trial involving five healthy male volunteers the plasma profile resulting from single dose administrations of the above tablet are shown in Figure 2 in comparison to the ' administration of a commercial preparation of Tramadol drops 100mg.

Claims

1. The applicant has given notice to the Commissioner of Patents uihdifs 10 5(3) oi the Patents Act 1990 (Cth) (the Act) of its application for an order nteifdihg Patent Application No. 2002300863 in accordance with Annexure 1 to these orders.

2. The Commissioner of Patents has confirmed that she has no objection to the amendments to Patent Application No. 2002300863 and that she does not intend to appear in relation to the above amendments. THE COURT ORDERS THAT:

3. Pursuant to s 105(2) of the Act, the requirement of rule 34.41(2) relating to advertising of the proposed amendments be dispensed with.

4. Pursuant to s105(lA) of the Act, the claims of the Patent Application No. 2002300863 be amended as set out in Annexure 1 to these orders.

5. Leave be granted to the applicant to file a Notice of Contention in NSD 1385 of 2009. Prepared in the New South Wales District Registry, Federal Court Of Australia, Level 17, Law Courts Building, Queen's Square,

6. The matter be listed for directions at 9.30am on 10 February 2014. Date that entry is stamped: 14 January 2014 Deput ict Reg.istr& NEW SouTH e) VALES ~ SPRUSON & FERGUSON AUSTRALIA Patents Act 1990 Statement of Proposed Amendments - Section 105(1A) Application No: 2002300863 Our Ref: 986960:PMH (CCN 3710000177) Applicant: Euro-Celtique S.A 1. Pages 1, 1 a and 24 to 27: Delete and insert new pages 1, 1 a and 24 to 27, lodged herewith in duplicate 20 November 01 EURO-CELTIQU P N W SOUTH e5,r PIALrS Registered Patent Attorney 0006S(8063689 1):RTK The claims defining the invention are as follows: 1. A controlled release, oral pharmaceutical preparation suitable for dosing every twelve hours containing 50 to 400mg of tramadol or pharmaceutically acceptable salt thereof (calculated as hydrochloride) in a controlled release matrix, the preparation containing between 1 and 80% w/w of one or more hydrophilic or hydrophobic polymers and having the following dissolution rate in vitro when measured using the Ph. Eur. Paddle Method at 100rpm in 900ml 0. IN hydrochloric acid at 37 C and using UV detection at 270nm: between 5 and 50% (by weight) tramadol released after 1 hour, between 10 and 75% (by weight) tramadol released after 2 hours, between 20 and 95% (by weight) tramadol released after 4 hours, between 40 and 100% (by weight) tramadol released after 8 hours, more than 50% (by weight) tramadol released after 12 hours, more than 70% (by weight) tramadol released after 18 hours, more than 80% (by weight) tramadol released after 24 hours, characterised in that at least one of the hydrophilic or hydrophobic polymers is a cellulose ether. 2. A controlled release, oral pharmaceutical preparation suitable for dosing every twelve hours containing 50 to 400mg of tramadol or pharmaceutically acceptable salt thereof (calculated as hydrochloride) in a controlled release matrix, the preparation containing between 1 and 80% w/w of one or more hydrophilic or hydrophobic polymers and having the following dissolution rate in vitro when measured using the Ph. Eur. Paddle Method at 100rpm in 900ml 0. IN hydrochloric acid at 37 C and using UV detection at 270nm: between 5 and 50% (by weight) tramadol released after 1 hour, between 10 and 75% (by weight) tramadol released after 2 hours, between 20 and 95% (by weight) tramadol released after 4 hours, between 40 and 100% (by weight) tramadol released after 8 hours, more than 50% (by weight) tramadol released after 12 hours, more than 70% (by weight) tramadol released after 18 hours, more than 80% (by weight) tramadol released after 24 hours, characterised in that the controlled release matrix comprises a cellulose ether which is an alkyl cellulose. 3. A controlled release, oral pharmaceutical preparation suitable for dosing every twelve hours containing 50 to 400mg of tramadol or pharmaceutically acceptable salt thereof (calculated as hydrochloride) in a controlled release matrix, the preparation containing between 1 and 80% w/w of one or more hydrophilic or hydrophobic polymers and having the following dissolution rate in vitro when measured using the Ph. Eur. Paddle Method at 100rpm in 900ml 0. 1N hydrochloric acid at 37 C and using UV detection at 270nm: between 5 and 50% (by weight) tramadol released after 1 hour, between 10 and 75% (by weight) tramadol released after 2 hours, between 20 and 95% (by weight) tramadol released after 4 hours, between 40 and 100% (by weight) tramadol released after 8 hours, more than 50% (by weight) tramadol released after 12 hours, more than 70% (by weight) tramadol released after 18 hours, more than 80% (by weight) tramadol released after 24 hours, characterised in that the controlled release matrix comprises at least one alkyl-cellulose and at least one C 12 to C 36 aliphatic alcohol. 4. A controlled release, oral pharmaceutical preparation according to claim 3 characterised in that the alkyl-cellulose is a C1 to C 6 alkyl-cellulose. 5. A controlled release, oral pharmaceutical preparation according to claim 3 or claim 4, characterised in that the aliphatic alcohol is a C 14 to C 22 aliphatic alcohol. 6. A controlled release, oral pharmaceutical preparation according to any one of claims 3 to 5, characterised in that the controlled release matrix further comprises at least one polyalkyleneglycol.

7. A controlled release, oral pharmaceutical preparation according to claim 6 characterised in that the polyalkyleneglycol or at least one of the polyalkyleneglycols is polyethylene glycol.

8. A controlled release, oral pharmaceutical preparation according to any one of claims 3 to 7, characterised in that the at least one alkyl-cellulose is ethylcellulose.

9. A controlled release, oral pharmaceutical preparation according to any one of claims 3 to 8, characterized in that the preparation contains from 1 to 20% w/w of one or more alkyl-celluloses.

10. A controlled release, oral pharmaceutical preparation according to claim 9, characterised in that the preparation contains from 2 to 15% w/w of one or more alkyl-celluloses.

11. A controlled release, oral pharmaceutical preparation according to any one of claims 3 to 10, characterised in that the aliphatic alcohol comprises lauryl alcohol, myristyl alcohol, stearyl alcohol, cetyl alcohol or cetostearyl alcohol.

12. A controlled release, oral pharmaceutical preparation according to claim 11, characterised in that the aliphatic alcohol comprises cetyl alcohol.

13. A controlled release, oral pharmaceutical preparation according to claim 11, characterised in that the aliphatic alcohol comprises cetostearyl alcohol.

14. A controlled release, oral pharmaceutical preparation according to any one of claims 3 to 11, characterised in that the preparation contains from 5 to 30% w/w of aliphatic alcohol.

15. A controlled release, oral pharmaceutical preparation according to claim 13, characterised in that the preparation contains from 10 to 25% w/w of aliphatic alcohol. Euro-Celtique S.A. Patent Attorneys for the Applicant/Nominated Person SPRUSON & FERGUSON