Claims for Patent: 7,902,206

Summary for Patent: 7,902,206

Title:	Polymorphic forms .alpha., .beta. and .gamma. of rifaximin
Abstract:	Crystalline polymorphous forms of rifaximin (INN) antibiotic named rifaximin .alpha. and rifaximin .beta., and a poorly crystalline form named rifaximin .gamma., useful in the production of medicinal preparations containing rifaximin for oral and topical use and obtained by means of a crystallization carried out by hot-dissolving the raw rifaximin in ethyl alcohol and by causing the crystallization of the product by addition of water at a determinate temperature and for a determinate period of time, followed by a drying carried out under controlled conditions until reaching a settled water content in the end product, are the object of the invention.
Inventor(s):	Viscomi; Giuseppe Claudio (Bologna, IT), Campana; Manuela (Bologna, IT), Braga; Dario (Bologna, IT), Confortini; Donatella (Bologna, IT), Cannata; Vincenzo (Bologna, IT), Righi; Paolo (Bologna, IT), Rosini; Goffredo (Bologna, IT)
Assignee:	Alfa Wassermann, S.p.A. (Bologna, IT)
Application Number:	12/119,600
Patent Litigation and PTAB cases:	See patent lawsuits and PTAB cases for patent 7,902,206
Patent Claims:	1. Rifaximin in polymorphic form .alpha. free from other polymorphic forms of rifaximin not derived from Form .alpha. by water absorption or release, wherein the rifaximin Form .alpha. has x-ray powder diffraction pattern peaks at about 7.4.degree.; 19.7.degree., 21.0.degree. and 22.1.degree. 2-.theta.. 2. The rifaximin of claim 1, wherein the rifaximin Form .alpha. has a water content of 3.0%. 3. The rifaximin of claim 1, wherein the rifaximin Form .alpha. has a water content of 4.5%. 4. Rifaximin in polymorphic form .beta.free from other polymorphic forms of rifaximin not derived from Form .beta. by water absorption or release, wherein the rifaximin Form .beta. has x-ray powder diffraction pattern peaks at about 5.4.degree., 9.0.degree. and 20.9.degree. 2-.theta.. 5. The rifaximin of claim 4, wherein the rifaximin Form .beta. has a water content of 5.0%. 6. Rifaximin in polymorphic form .gamma. free from other polymorphic forms of rifaximin not derived from Form .gamma. by water absorption or release, wherein the rifaximin Form .gamma. has x-ray powder diffraction pattern peaks at about 5.0.degree., 7.1.degree., and 8.4.degree. 2-.theta.. 7. The rifaximin of claim 6, wherein the rifaximin Form .gamma. has a water content of 0%. 8. The rifaximin of claim 6, wherein the rifaximin Form .gamma. has a water content of 1%. 9. The rifaximin of claim 1, wherein the rifaximin Form .alpha. has a water content of between 3.0%-4.5%. 10. The rifaximin of claim 4, wherein the rifaximin Form .beta. has a water content of between 4.5%-5.0%. 11. The rifaximin of claim 6, wherein the rifaximin Form .gamma. has a water content of from between 0% to 1%. 12. Rifaximin in polymorphic Form .alpha., .beta. or .gamma., wherein the polypmorphic form of rifaximin is obtained by a process comprising crystallizing rifaximin from a solvent to obtain the Form .alpha., .beta. or .gamma. by controlling the water content of the polymorph, temperature of crystallization and length of time of crystallization to choose a rifaximin product in Form .alpha., .beta. or .gamma., wherein said Form .alpha. has x-ray powder diffraction pattern peaks at about 7.4.degree.; 19.7.degree.; 21.0.degree. and 22.1.degree. 2-.theta., said Form .beta. has x-ray powder diffraction pattern peaks at about 5.4.degree.; 9.0.degree.; and 20.9.degree. 2-.theta., and said Form .gamma. has x-ray powder diffraction pattern peaks at about 5.0.degree., 7.1.degree., and 8.4.degree. 2-.theta.. 13. The rifaximin prepared according to the process of claim 12 wherein polymorph Form .alpha. is obtained from polymorph Form .beta. by decreasing the water content of polymorph Form .beta. in an amount sufficient to convert the polymorph Form .beta. to the polymorph Form .alpha.. 14. The rifaximin prepared according to the process of claim 12 wherein polymorph Form .beta. is obtained from polymorph Form .alpha. by increasing the water content of polymorph Form .alpha. in an amount sufficient to convert the polymorph Form .alpha. to the polymorph Form .beta.. 15. The rifaximin prepared according to the process of claim 12 wherein the polymorph obtained according to the process is polymorph Form .alpha.. 16. The rifaximin prepared according to the process of claim 12 wherein the polymorph obtained according to the process is polymorph Form .beta.. 17. The rifaximin prepared according to the process of claim 12 wherein the polymorph obtained according to the process is polymorph Form .gamma.. 18. Rifaximin Form .alpha. prepared by a process wherein rifaximin Form .beta. having x-ray powder diffraction pattern peaks at about 5.4.degree.; 9.0.degree.; and 20.9.degree. 2-.theta. is transformed to rifaximin Form .alpha. by reducing the water content of the rifaximin Form .beta. in amount sufficient to obtain rifaximin Form .alpha. having x-ray powder diffraction pattern peaks at about 7.4.degree.; 19.7.degree.; 21.0.degree. and 22.1.degree. 2-.theta.. 19. Rifaximin Form .beta. prepared by a process wherein rifaximin Form .alpha. having x-ray powder diffraction pattern peaks at about 7.4.degree.; 19.7.degree.; 21.0.degree. and 22.1.degree. 2-.theta. is transformed to rifaximin Form .beta. by increasing the water content of the rifaximin Form .alpha. in amount sufficient to obtain rifaximin Form .beta. having x-ray powder diffraction pattern peaks at about 5.4.degree.; 9.0.degree.; and 20.9.degree. 2-.theta.. 20. A solid pharmaceutical composition comprising rifaximin in polymorphic Form .alpha. and a pharmaceutically acceptable excipient or carrier, wherein the rifaximin Form .alpha. has x-ray powder diffraction pattern peaks at about 7.4.degree.; 19.7.degree.; 21.0.degree. and 22.1.degree. 2-.theta.. 21. The pharmaceutical composition of claim 20, wherein the rifaximin Form .alpha. has a water content of less than 4.5%. 22. The pharmaceutical composition of claim 20, wherein the rifaximin Form .alpha. has a water content of between 2.0-3.0%. 23. The pharmaceutical composition of claim 20, wherein the excipient is selected from the group consisting of a diluting agent, a binding agent, a lubricating agent, a disintegrating agent, a coloring agent, a flavoring agent, and a sweetening agent. 24. The pharmaceutical composition of claim 20, wherein the composition is for oral use and is in a form selected from the group consisting of coated or uncoated tablets, hard or soft gelatine capsules, sugar-coated pills, lozenges, wafer sheets, pellets, and powders in sealed packet. 25. The pharmaceutical composition of claim 24, wherein the composition further comprises colloidal silicon dioxide. 26. The pharmaceutical composition of claim 24, wherein the composition further comprises hydroxypropyl methylcellulose. 27. The pharmaceutical composition of claim 24, wherein the composition further comprises cellulose. 28. The pharmaceutical composition of claim 24, wherein the composition further comprises microcrystalline cellulose. 29. The pharmaceutical composition of claim 24, wherein the composition further comprises propylene glycol. 30. The pharmaceutical composition of claim 24, wherein the composition further comprises sodium starch glycolate. 31. The pharmaceutical composition of claim 24, wherein the composition further comprises talc. 32. The pharmaceutical composition of claim 20, further comprising rifaximin in polymorphic Form .beta. having x-ray powder diffraction pattern peaks at about 5.4.degree.; 9.0.degree.; and 20.9.degree. 2-.theta.. 33. The pharmaceutical composition of claim 20, further comprising rifaximin in polymorphic Form .gamma. having x-ray powder diffraction pattern peaks at about 5.0.degree., 7.1.degree., and 8.4.degree. 2-.theta.. 34. A solid pharmaceutical composition comprising rifaximin in polymorphic Form .beta. and a pharmaceutically acceptable excipient or carrier, wherein the rifaximin Form .beta. has x-ray powder diffraction pattern peaks at about 5.4.degree.; 9.0.degree.; and 20.9.degree. 2-.theta.. 35. The pharmaceutical composition of claim 34, wherein the rifaximin Form .beta. has a water content of greater than or equal to 4.5%. 36. The pharmaceutical composition of claim 34, wherein the rifaximin Form .beta. has a water content of between about 4.5% to about 40%. 37. The pharmaceutical composition of claim 34, wherein the excipient is selected from the group consisting of a diluting agent, a binding agent, a lubricating agent, a disintegrating agent, a coloring agent, a flavoring agent, and a sweetening agent. 38. The pharmaceutical composition of claim 34, wherein the composition is for oral use and is in a form selected from the group consisting of coated or uncoated tablets, hard or soft gelatine capsules, sugar-coated pills, lozenges, wafer sheets, pellets, and powders in sealed packet. 39. The pharmaceutical composition of claim 38, wherein the composition further comprises colloidal silicon dioxide. 40. The pharmaceutical composition of claim 38, wherein the composition further comprises hydroxypropyl methylcellulose. 41. The pharmaceutical composition of claim 38, wherein the composition further comprises cellulose. 42. The pharmaceutical composition of claim 38, wherein the composition further comprises microcrystalline cellulose. 43. The pharmaceutical composition of claim 38, wherein the composition further comprises propylene glycol. 44. The pharmaceutical composition of claim 38, wherein the composition further comprises sodium starch glycolate. 45. The pharmaceutical composition of claim 38, wherein the composition further comprises talc. 46. The pharmaceutical composition of claim 34, further comprising rifaximin in polymorphic Form .gamma. having x-ray powder diffraction pattern peaks at about 5.0.degree., 7.1.degree., and 8.4.degree. 2-.theta.. 47. A solid pharmaceutical composition comprising rifaximin in polymorphic Form .gamma. and a pharmaceutically acceptable excipient or carrier, wherein the rifaximin Form .gamma. has x-ray powder diffraction pattern peaks at about 5.0.degree., 7.1.degree., and 8.4.degree. 2-.theta.. 48. The pharmaceutical composition of claim 47, wherein the rifaximin Form .gamma. has a water content from about 0% to about 2%. 49. The pharmaceutical composition of claim 47, wherein the excipient is selected from the group consisting of a diluting agent, a binding agent, a lubricating agent, a disintegrating agent, a coloring agent, a flavoring agent, and a sweetening agent. 50. The pharmaceutical composition of claim 47, wherein the composition is for oral use and is in a form selected from the group consisting of coated or uncoated tablets, hard or soft gelatine capsules, sugar-coated pills, lozenges, wafer sheets, pellets, and powders in sealed packet. 51. The pharmaceutical composition of claim 50, wherein the composition further comprises colloidal silicon dioxide. 52. The pharmaceutical composition of claim 50, wherein the composition further comprises hydroxypropyl methylcellulose. 53. The pharmaceutical composition of claim 50, wherein the composition further comprises cellulose. 54. The pharmaceutical composition of claim 50, wherein the composition further comprises microcrystalline cellulose. 55. The pharmaceutical composition of claim 50, wherein the composition further comprises propylene glycol. 56. The pharmaceutical composition of claim 50, wherein the composition further comprises sodium starch glycolate. 57. The pharmaceutical composition of claim 50, wherein the composition further comprises talc.