Title of Invention

A PROCESS FOR PREPARING MODAFINIL FORM I

Abstract The present invention provides an improved process for preparing modafinil, whereby it may be isolated in high purity by a single crystallization. The process produces modafinil free of sulphone products of over-oxidation and other byproducts. The invention further provides new crystalline Forms II-VI of modafinil and processes for preparing them. Each of the new forms is differentiated by a unique powder X-ray diffraction pattern. The invention further provides pharmaceutical compositions containing novel modafinil Forms II-IV and VI.
Full Text FORM 2
THE PATENTS ACT, 1970
[39 OF 1970]
&
THE PATENTS RULES, 2003
COMPLETE SPECIFICATION
[See Section 10; rule 13]
"CRYSTALLINE AND PURE MODAFINIL AND PROCESS OF PREPARING THE
SAME"
TEVA PHARMACEUTICAL INDUSTRIES LTD., having a place of business at 5 Basel Street, P O. Box 3190, Petah, Tiqva 49131, Israel.
The following specification particularly describes the nature of the invention and the manner in which it is to be performed:-

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CRYSTALLINE AND PURE MODAFINIL, AND PROCESS OF PREPARING THE SAME

10
15

5 CROSS-REFERENCE TO RELATED APPLICATIONS
This application claims the benefit of U.S. provisional applications No.
60/221,110, filed July 27,2000; No. 60/226,491, filed August 18,2000; No. 60/229,160,
filed August 30,2000; No. 60/230,088, filed September 5,2000 and 60/593,332, filed January 2,2001 which are incorporated herein by reference.
10
FIELD OF THE INVENTION
The present invention relates to a process for preparing modafinil free of
impurities, as well as new crystalline forms of modafinil and processes for their
preparation.
BACKGROUND OF THE INVENTION
(±) 2-[(Diphenylmethyl)sulfinyl]acetamide of formula 1, also known as modafinil,
exerts a wakefulness-promoting effect on humans and animals.


20

The psychotropic activity of modafinil was demonstrated in tests on animals such
as those described in U.S. Patent No. 4,177,290 ("the *290 patent") and in clinical trials on
human patients. Modafinil racemate is approved by the F.D.A. for treatment of
25 narcolepsy.
The '290 patent describes preparations of modafinil. In Example 1 of the '290 patent, modafinil is prepared by reacting 2-[(diphenylmethyl)thio]acetic acid chloride with ammonia, isolating the product amide and then oxidizing its sulfide group with hydrogen
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peroxide in acetic acid. Example la of the '290 patent describes a different synthetic method for an industrial scale preparation of modafinil. Benzhydrol is reacted with thiourea to form an intermediate which is then hydrolyzed to 2-
[(diphenylmethyl)thio]acetic acid. The acid is then oxidized in situ with hydrogen
5 peroxide in a mixture containing chloroacetic acid and water. The resulting sulfoxide is then treated with
dimethyl sulfate to methylate the carboxylic acid group. The resulting ester is derivatized with ammonia
to modafinil.
Each of these methods uses hydrogen peroxide to oxidize a sulfide group to a sulfoxide. Drabowicz, J et al. Synthesis, 1990, 37-38 describes a procedure for oxidizing
10 sterically hindered sulfides to sulfoxides. The procedure uses hydrogen peroxide as the
oxidizing agent, methanol as the solvent and a mixture of sulfuric acid and one of several branched aliphatic alcohols as a catalyst. The procedure is well adapted for oxidizing sterically hindered sulfides. No products of over-oxidation were observed by thin layer chromatography of the reaction mixtures. Use of this methodology to prepare modafinil
15 has not been described in the literature.
Sulfides also may be oxidized to sulfoxides with other oxidizing agents, such as sodium periodate, /-butyl hypochlorite, calcium hypochlorite, sodium chlorite, sodium hypochlorite, meto-chloroperbenzoic acid and sodium perborate. March J. Advanced Organic Chemistry 1201-02 (4th ed. 1992).
20 We have discovered that the process of Example 1 of the "290 patent suffers from
a problem of over-oxidation of the sulfide to sulphone 2.

##STR(
25

)##STR
By comparing the above presented chemical structures it will be readily appreciated that separation of the sulphone once fonned from modafinil is a difficult task.
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Therefore, the development of selective oxidation methods are required in order to obtain modafmil free of sulphone after one or more recrystaUizations.
In the process described in Example la, significant amounts of intermediates 2-
5 [(diphenylmethyl)sulfinyl]acetic acid 3 and methyl 2-[(diphenylmethyl)sulfinyl]acetate 4 are obtained because
of incomplete conversion of the starting materials in Steps (b) and (c). Becue, T; Broquaire, M. J. Chromatography 1991,557,489-494. These compounds are also difficult to separate from modafinil.


6

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Due to the volume of solvent used by industrial scale processes and the environmental issues raised by the disposal of large amounts of organic solvent, an
15 industrial preparation that yields modifinil essentially free of impurities and requires only
one crystallization of the end product to obtain modifinil free of impurities within the limit of detection is highly advantageous over an alternative process that requires repeated recrystaUizations to obtain modifil in equivalent purity. Although Example la of the '290 patent is described as an industrial process, two recrystaUizations were used to obtain the
20 product as a white crystalline powder. The composition of that powder is not reported.
It would be highly desirable to have an improved process that produces modafinil essentially free of sulphone 2 so that it may be obtained in high purity by a single crystallization. In addition, it also would be highly desirable to avoid using dimethyl sulfate, one of the reagents in Example la, since it is highly toxic.
25 While pursuing the object of efficiently producing modafinil in high purity, we
discovered that modafinil can be crystallized into several distinct solid state crystalline polymorphic forms. Crystalline forms of a compound are differentiated by the positions of the atomic nuclei in the unit cell of the solidified compound. The differences produce different macroscopic properties like thermal behavior, vapor permeability and solubility,
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which have practical consequences in pharmacy. Crystalline forms of a compound are
V most readily distinguished by X-ray analysis. Single crystal X-ray crystalography yields
data that can be used to determine the positions of the nuclei which in turn may be
visualized with computer or mechanical models, thus providing a three-dimensional image
5 of the compound. While single crystal X-ray studies provide unmatched structural
information, they are expensive and quality data can sometimes be difficult to acquire. Powder X-ray diffraction spectroscopy is used more frequently by the pharmaceutical industry to characterize new crystalline forms of drugs than is single crystal X-ray analysis. Powder X-Ray diffraction spectroscopy yields a fingerprint that is unique to the
10 crystalline form and is able distinguish it from the amorphous compound and all other
crystalline forms of the compound.
There is a wide variety of techniques that have the potential of producing different crystalline forms of a compound. Examples include crystallization, crystal digestion, sublimation and thermal treatment. In the laboratory preparation in Example 1 of the '290
15 patent, modafinil is first precipitated by adding water to a reaction mixture containing
modafinil, water and excess hydrogen peroxide. Modafinil is then recrystallized from methanol. In the industrial scale preparation of Example la, modafinil is obtained as a white powder by first crystallizing from a 1:4 mixture of methanol and water and then crystallizing again from a 1:9 methanol/water mixture. Crystallization from methanol and
20 a 1:9 methanol/water mixture produces modafinil in polymorphic Form I. Modafinil
Form I is characterized by a powder X-ray diffraction ("PXRD") pattern (Fig. 1) with reflections at 9.0,10.2,11.2,12.9,15.2,15.8,16.3,17.7,18.2,19.3,20.5,21.6,21.9, 23.2,26.6±0.2 degrees 26.
U.S. Patent No. 4,927,855 describes the preparation of the levorotatory enantiomer
25 of modafinil by chiral resolution of the 2-[(diphenylmethyl)sulfinyl]acetic acid with a-
methylbenzyl amine. After recovery and amidation of the enantiomerically pure acid, (-) modafinil was obtained as white crystals by crystallization from ethanol.
The discovery of a new crystalline form of a pharmaceutically useful compound provides an opportunity to improve the performance characteristics of a pharmaceutical
30 product. It enlarges the repertoire of materials that a formulation scientist has available
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for designing, for example, a pharmaceutical dosage form of a drug with a targeted release
profile or other desired characteristic. It is clearly advantageous when this repertoire is
enlarged by the discovery of new crystalline forms of a useful compound. Five new
crystalline forms of modafinil that are not accessible by following crystallization
5 procedures previously described in the art have now been discovered.
BRIEF DESCRIPTION OF THE FIGURES
Fig. 1 represents an powder X-ray diffraction pattern of Modafinil Form I.
Fig. 2 represents an powder X-ray diffraction pattern of Modafinil Form H
10 Fig. 3 represents an powder X-ray diffraction pattern of Modafinil Form HI.
Fig. 4 represents an powder X-ray diffraction pattern of Modafinil Form IV. Fig. 5 represents an powder X-ray diffraction pattern of Modafinil Form V. Fig. 6 represents an powder X-ray diffraction pattern of Modafinil Form VI.
15 SUMMARY OF THE INVENTION
The present invention provides a process for preparing modafinil, whereby it may "~
be isolated in high purity by a single crystallization. The process includes oxidation of 2-
[(diphenylmethyl)thio]acetamide with H2Oz in a mixture of a mineral acid, an alcohol or
phase transfer catalyst and optionally an inert liquid organic medium. Modafinil is
20 precipitated from the reaction mixture and then crystallized in 2:99.5% purity. The
oxidation method produces modafinil essentially free of sulphone products of over-oxidation which enables modafinil to be obtained free of sulphone within the limits of UV detection after two crystallizations.
The present invention further provides new crystalline Forms II- VI of modafinil
25 and processes for preparing them. Each of the new forms is differentiated by a unique
powder X-ray diffraction pattern.
The present invention further provides pharmaceutical compositions containing novel modafinil Forms II-IV and VI.

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DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENTS
In this disclosure, modafinil with a combined impurity content of less than 0.1 %
is referred to as "highly pure" modafinil. Purity is measured by UV absorbance at k=225
nm. Compounds containing phenyl rings absorb strongly in this region of the U.V.
5 spectrum. Modafinil and problematic impurities 2-4 each possess two phenyl UV
chromophores. Modafinil that contains less than 0.01% of an impurity such as sulphone 2 is referred to as "essentially free" of that impurity and modafinil that is free of an impurity within the limit of detection of the purity analysis or that contains less than 0.0001% of the impurity is referred to as being "free" of that impurity.
10 The present invention provides an improved synthetic preparation of modafinil
whereby modafinil may be isolated in £ 99.5 % purity after a single recrystallization, preferably 2:99.9% purity. In this improved process, 2-[(diphenylmethyl)thio]acetamide is oxidized to modafinil. The modafinil is then separated as a solid from the reagents used in the oxidation and thereafter is isolated in high purity by a single recrystallization.
15 In the oxidation step, hydrogen peroxide is reacted with 2-[(diphenylmethyl)thio]
acetamide in the presence of a mineral acid and a linear, branched or cyclic alcohol, or a phase transfer catalyst, optionally in an inert liquid organic medium. The oxidizing conditions are discussed generally in Drabowicz, J et al. Synthesis, 1990,37-38. U.S. Patent No. 4,177,290 is incorporated by reference for its teaching of a preparation of 2-
20 [(diphenylmethyl)thio] acetamide.
Hydrogen peroxide is preferably supplied as a 10-50 wt. % solution in water, more preferably about 30-33 wt. % solution in water. Such solutions are commercially available (e.g. 1998-99 Aldrich Chemical Co. Cat. Nos. 42,065-4; 42,066-2; 31,698-9; 21,676-3). Exemplary mineral acids that may be used include H2S04, HC104 and H3P04.
25 Preferred alcohols are derived from hydrocarbons with seven or fewer carbon
atoms and that are unsubstituted except for the hydroxyl group. Branched alcohols are most preferred. Isopropyl alcohol, terf-butanol and 2-methyl-l-butanol are exemplary of alcohols that may be used. Suitable phase transfer catalysts include triethylbenzylammonium chloride (TEB A) and polyethylene glycol.
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An inert liquid organic medium is a diluent for the oxidation reaction that may
decrease the rate of the oxidation but does not prevent oxidation of the sulfide group of 2-
[(diphenylmethyl)thioJacetamide to a sulfoxide group or cause overoxidation of the
sulfide group to a sulphone. Preferred inert liquid organic media are unbranched alcohols
5 such as methanol, ethanol and ethylene glycol; ketones, such as acetone, which may
contain water, esters, such as ethyl acetate and dimethylcarbonate; and mixtures thereof.
In the oxidation step, 2-[(diphenylmethyl)thio]acetamide ("the sulfide") is
contacted with an excess of hydrogen peroxide, preferably from about 1.5 to about 4
molar equivalents. The mineral acid need only be used in a catalytic amount, preferably
10 from about 0.02 to about 0.2 molar equivalents with respect to the sulfide. The alcohol or
phase transfer catalyst is preferably used in an amount of from about 2 to about 4
equivalents with respect to the sulfide, more preferably about 3 equivalents. When an
inert liquid organic medium is used, the oxidation reaction is preferably conducted at a
sulfide concentration of from about 0.07 to about 0.2 grams of sulfide per milliliter of
15 inert liquid organic medium.
The required reagents may be added in any order desired and the reaction mixture
may be maintained at any condition that causes oxidation of 2-[(diphenylmethyl)
thiojacetamide to modafinil. The following procedure has been found in practice to
produce modafinil in a sufficiently high state of purity directly by precipitation from the
20 reaction mixture that modafinil may be therafter obtained in s 99.5 % purity, more
preferrably greater than 99.9% purity, by a single crystallization. 2-
[(Diphenylmethyl)thio]acetamide is suspended in the inert liquid organic medium. The
mineral acid and the alcohol or phase transfer catalyst are then added at room
temperature. Hydrogen peroxide is then added. The temperature of the reaction mixture
25 is raised to about 30 °C and stirred for several hours. Progress of the reaction may be
monitored by HPLC. After oxidation is complete, the reaction mixture is cooled to room temperature and the excess hydrogen peroxide is decomposed with, for example, sodium metabisulfite, sodium thiosulfide, sodium sulfide or ferrous sulfate.
After the oxidation is complete and any excess H202 has been decomposed,
30 modafinil is precipitated from the reaction mixture. Precipitation can be accelerated by
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adding water. Modafinil is then separated from the reaction mixture by conventional W means such as
filtering or decanting. The modafinil preferably is then washed with an organic solvent and water.
The improved process for preparing modafinil produces modafinil with a low
5 content of 2-[(diphenylmethyl)sulfonyl]acetamide 2,2-[( diphenyl methyl)sulphinyl]
acetic acid 3, and methyl 2-[(diphenylmethyl)sulphinyl] acetate 4, which can be removed with a single recrystallization. The modafinil that precipitates from the reaction mixture should be 98-99% pure or greater and will typically contain less than 0.1 % suphone 2. Modafinil has been precipitated directly from the reaction mixture with less than 0.01%
10 contamination with sulphone 2. The composition of the oxidation reaction mixture may
be monitored quantitatively by HPLC to confirm that the reaction is proceeding cleanly. A reverse phase HPLC method with UV detection at A,=225 nm may be used.
Although modafinil obtained by oxidation according to the above-described process may be recrystallized from a variety of solvents in high purity, the best
15 recrystallization solvents have been found to be methanol, ethanol, dimethylcarbonate,
acetone, and mixtures thereof. The best multicomponent solvent systems are ethanol/dimethylcarbonate, acetone/dimethylcarbonate, acetone/water, acetone/ethyl acetate, acetone/dimethylcarbonate /water and methanol/dimethylcarbonate. An especially preferred recrystallization solvent is dimethyl carbonate.
20 The modafinil that is obtained after crystallization is z 99.5% pure, more
preferably 99.9% pure and contains less than 0.02%, more preferably less than 0.01% of of sulphone 2. After crystallization from preferred recrystallization solvents, modafinil may be obtained free of sulphone 2, i.e. with no more than 0.0002 % or 0.0001% contamination. It will be appreciated that such minute quantities of impurity are at or
25 beyond the limits of detection of many analytical techniques.
In a second aspect, the present invention provides novel crystalline modafinil Forms II-VI and processes for their preparation.
A general technique that leads to the discovery of a novel crystalline form of a compound may be well known to those skilled in the art. In fact, that is commonly the
30 case. Such techniques include crystallization, crystal digestion, sublimation, thermal
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treatment, and pH adjustment. Those skilled in the art will appreciate that in the search
K for new polymorphic forms of a compound, any one of these techniques is expected to fail
to produce a new crystalline form of the compound. The search is an empirical exercise
that involves trial and error experimentation with different techniques and conditions. For
5 these reasons, it is not possible to define all techniques and conditions that will produce
modafinil crystalline Forms II-VI. It is, however, possible to provide methods which have successfully and selectively produced modafinil in one of these desired forms.
The novel crystalline forms of modafinil have been characterized by powder X-ray
diffraction spectroscopy which produces a fingerprint of the particular crystalline form.
10 Measurements of 20 values typically are accurate to within ±0.2 degrees.
X-ray diffraction data were acquired using a Philips powder X-ray diffractometer, Goniometer model 1050/70
at a scanning speed of 2° per minute, with a CUKa,, radiation of = 1.5418 A. The sample was gently ground and
dusted over a zero background quartz plate to give a thin layer.
15
Modafinil Form I
The present invention provides processes for preparing modafinil Form I.
Modafinil Form I may prepared by crystallization from acetone, acetonitrile,
benzyl alcohol, dimethyl formamide, methanol, methyl ethyl ketone or 2-pyrrolidone.
20 Preferred recrystallization solvents are methanol and acetone. Crystallization may be
accelerated by cooling the solution, adding an antisolvent or seeding the solution with a
crystal of modafmil Form I. Preferred solvent/anti-solvent combinations are
acetone/water, DMF/water, acetonitrile/water, ethanol/water and methanol/ethyl acetate.
Modafinil Form I also may be prepared by suspending a mixture of modafinil
25 Forms I and II in ethyl acetate for a sufficient time to complete the conversion. If the
starting modafinil form is Form n, then several other organic liquids may be substituted for ethyl acetate to promote conversion to Form I. In particular, Form II modafinil also may be converted into Form I modafinil by suspending it in methyl tert-butyl ether ("MTBE"), water or isobutyl acetate. It is particularly convenient to practice this
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technique for preparing Form I by simply slurrying modafinil (in any other form) with #> ethyl acetate,
isobutyl acetate or water until the conversion is complete.
Forms V and VI convert into modafinil Form I upon gentle heating to about 80 °C
or above. Forms V and VI may be transformed into Form I without significant
5 decomposition by heating to about 100°C.
Modafinil Form I may be separated from solvents conventionally by filtering or decanting and then drying.
Form I has been dried at a temperature as high as 100°C without converting to another crystalline or
amorphous form and without undergoing significant chemical decomposition.
10
Modafinil Form II
The present invention also provides modafinil Form II. Modafinil Form II
produces a powder X-ray diffraction pattern (Fig. 2) with reflections at 9.1,10.3,11.1,
11.9,14.3,15.2,16.4,17.5,18.4,20.5,21.3,24.6,26.6±0.2 degrees 26. The strong
15 reflections at 14.3,17.5,20.5 and 21.3 degrees 20 are particularly characteristic. Of
these, the reflections at 14.3,17.5 and 21.3 degrees 29 are most characteristic.
The following techniques have proven effective for producing modafinil in
crystalline Form II.
Modafinil Form III converts into modafinil Form II when it is suspended in water.
20 Thus, suspending Form III in water provides a method of accessing modafinil Form n.
Modafinil also crystallizes selectively in Form II from ethanol, isopropanol, n-
butanol, f-butanol, methyl isobutyl ketone, ethylene glycol, dioxolane and dioxane by
heating to dissolve modafinil in the solvent and cooling to recrystallize. Modafinil Form
II also may be prepared by reslurrying in dichloroethane and by rapidly cooling a solution
25 of modafinil in a methanol and water mixture.
Modafinil Form III
The present invention also provides modafiml Form IH. Modafinil Form HI
produces a powder X-ray diffraction pattern (Fig. 3) with reflections at 7.4,9.0,10.5,
30 12.3,14.2,14.7,15.1,16.4,18.3,20.0,20.5,21.1,22.1,24.5±0.2 degrees 29.
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The strong reflections at 7.4,10.5,18.3,20.0 and 20.5 degrees 29 are particularly "characteristic. Of
these, the reflections at 7.4,10.5,18.3 and 20.0 degrees 28 are
characteristic for their intensity and the absence of reflections at corresponding positions
in the PXRD patterns of the other forms.
5 Modafinil Form IE is produced by crystallization from toluene. Form HI has also
been crystallized from mixtures of dimethyl carbonate and ethanol, although it has in instances been obtained in mixture with Form V when crystallized from this mixed solvent system.
10 Modafinil Form IV
The present invention also provides modafinil Form IV. Modafinil Form IV
produces a powder X-ray diffraction pattern (Fig. 4) with reflections at 6.9,10.4,14.1, 17.2,18.5,20.3,20.8,21.6,22.7,25.0,26.5,27.6,28.5±0.2 degrees 28. The strong reflections at 6.9,10.4,17.2,20.3 and 22.7 degrees 20 are particularly characteristic.
15 Modafinil crystallizes from tetrahydrofuran and dimethyl sulfoxide in crystalline
FormlV.
Modafinil Form V
The present invention also provides modafinil Form V. Form V produces a
20 powder X-ray diffraction pattern (Fig. 5) with reflections at 7.4,9.3,10.5,12.4,14.7,
16.2,18.2,19.9, 21.5,22.0,23.6,24.5,25.2, 28.4,29.5,31.8±0.2 degrees 28. The strong
( reflections at 9.3,12.4,18.2,19.9, and 22.0 degrees 20 are particularly characteristic.
Form V is prepared by crystallization from dimethylcarbonate and mixtures of
dimethylcarbonate and ethanol, dimethylcarbonate and water and dimethylcarbonate and
25 acetone.
Thermogravimetric analysis of Form V showed a mass loss of about 12% starting
at about 100°C up to 150°C. This LOD is consistent with Form V being a hemi-solvate
of modafinil with dimethylcarbonate. The TGA analysis was performed on a Shimadzu
DTG 60, with a sample of about 10 mg that was heated at the rate of about 10° C per min
30 from about ambient temperature to about 300° C.
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Modafinil Form VI
The present invention also provides modafinil Form VI. Form VI produces a
powder X-ray diffraction pattern (Fig. 6) with reflections at 9.0,9.3,10.2,12.4,14.2,
14.5,15.3,17.5,18.1,20.0,20.5,21.5,22.0,23.5,24.5,25.0±0.2 degrees 20. The
5 reflections at 9.3,18.1, and 20.5 degrees 26 are particularly characteristic for their
intensity.
Modafinil Form VI may be prepared by suspending modafinil Form V in water, .
ethanol or a water/ethanol mixture for a sufficient time to complete the conversion.
Preferably, modafinil Form VI is slurried in water, ethanol, or an ethanol/water mixture at
10 about 28 °C, followed by drying under vacuum at 55 °C.
Amorphous Modafinil
Modafinil may be prepared in an amorphous state by crystallization from mixtures
of ortho, meta or para xylene.
15 Having described techniques best suited for producing distinct crystalline Forms
II-VI of modafinil in a laboratory and industrial setting, those skilled in the art will appreciate that these forms may be accessible by yet other methods.
Pharamaceutical Compositions Containing Modafinil Forms U-IVand VI
20 Modafinil Forms H-IV and VI may be formulated into a variety of pharmaceutical
compositions and dosage forms that are useful for promoting wakefulness in patients
afflicted with narcopolepsy.
Pharmaceutical compositions of the present invention contain modafinil Forms II-
IV and VI, optionally in mixture with each other. Pharmaceutical compositions of the
25 present invention also may contain other modafinil crystalline forms, amorphous
modafinil and/or other active ingredients in mixture with one or more of modafinil Forms
II-TV and VI. In addition to the active ingredient(s), modafiml pharmaceutical
compositions of the present invention may contain one or more excipients. Excipients are
added to the composition for a variety of purposes.
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Diluents increase the bulk of a solid pharmaceutical composition and may make a
pharmaceutical dosage form containing the composition easier for the patient and
caregiver to handle. Diluents for solid compositions include, for example,
microcrystalline cellulose (e.g. Avicel®), microfine cellulose, lactose, starch,
5 pregelitinized starch, calcium carbonate, calcium sulfate, sugar, dextrates, dextrin,
dextrose, dibasic calcium phosphate dihydrate, tribasic calcium phosphate, kaolin,
magnesium carbonate, magnesium oxide, maltodextrin, mannitol, polymethacrylates (e.g.
Eudragit®), potassium chloride, powdered cellulose, sodium chloride, sorbitol and talc.
Solid pharmaceutical compositions that are compacted into a dosage form like a
10 tablet may include excipients whose functions include helping to bind the active
ingredient and other excipients together after compression. Binders for solid
pharmaceutical compositions include acacia, alginic acid, carbomer (e.g. carbopol),
carboxymethylcellulose sodium, dextrin, ethyl cellulose, gelatin, guar gum, hydrogenated
vegetable oil, hydroxyethyl cellulose, hydroxypropyl cellulose (e.g. Klucel®),
15 hydroxypropyl methyl cellulose (e.g. Methocel®), liquid glucose, magnesium aluminum
silicate, maltodextrin, methylcellulose, polymethacrylates, povidone (e.g. Kollidon®, Plasdone®), pregelatinized starch, sodium alginate and starch.
The dissolution rate of a compacted solid pharmaceutical composition in the
patient's stomach may be increased by the addition of a disintegrant to the composition.
20 Disintegrants include alginic acid, carboxymethylcellulose calcium,
carboxymethylcellulose sodium (e.g. Ac-Di-Sol®, Primellose®), colloidal silicon dioxide,
croscarmellose sodium, crospovidone (e.g. Kollidon®, Polyplasdone®), guar gum,
magnesium aluminum silicate, methyl cellulose, microcrystalline cellulose, polacrilin
potassium, powdered cellulose, pregelatinized starch, sodium alginate, sodium starch
25 glycolate (e.g. Explotab®) and starch.
Glidants can be added to improve the flow properties of non-compacted solid compositions and improve the accuracy of dosing. Excipients that may function as glidants include colloidal silicon dixoide, magnesium trisilicate, powdered cellulose, starch, talc and tribasic calcium phosphate.
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When a dosage form such as a tablet is made by compaction of a powdered
composition, the composition is subjected to pressure from a punch and dye. Some
excipients and active ingredients have a tendancy to adhere to the surfaces of the punch
and dye, which can cause the product to have pitting and other surface irregularities. A
5 lubricant can be added to the composition to reduce adhesion and ease release of the product
from the dye. Lubricants include magnesium stearate, calcium stearate, glyceryl monostearate,
glyceryl palmitostearate, hydrogenated castor oil, hydrogenated vegetable oil, mineral oil,
polyethylene glycol, sodium benzoate, sodium lauryl sulfate, sodium stearyl fumarate,
stearic acid, talc and zinc stearate.
10 Flavoring agents and flavor enhancers make the dosage form more palatable to the
patient. Common flavoring agents and flavor enhancers for pharmaceutical products that may
be included in the composition of the present invention include maltol, vanillin, ethyl vanillin,
menthol, citric acid, fumaric acid ethyl maltol, and tartaric acid.
Compositions may also be colored using any pharmaceutically acceptable colorant
15 to improve their appearance and/or facilitate patient identification of the product and unit
dosage level.
Selection of excipients and the amounts to use may be readily determined by the
formulation scientist based upon experience and consideration of standard procedures and
reference works in the field.
20 The solid compositions of the present invention include powders, granulates,
aggregates and compacted compositions. The dosages include dosages suitable for oral,
buccal, rectal, parenteral (including subcutaneous, intramuscular, and intravenous),
inhalant and ophthalmic administration. Although the most suitable route in any given
case will depend on the nature and severity of the condition being treated, the most
25 preferred route of the present invention is oral. The dosages may be conveniently
presented in unit dosage form and prepared by any of the methods well-known in the
pharmaceutical arts.
Dosage forms include solid dosage forms like tablets, powders, capsules,
suppositories, sachets, troches and losenges as well as liquid syrups, suspensions and
30 elixirs. An especially preferred dosage form of the present invention is a tablet.
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Tablets, capsules, lozenges and other unit dosage forms preferably contain
modafinil in a dosage level of from about 50 to about 300 mg, more preferably from about
100 mg to about 200 mg.
5 Having described the invention with reference to certain preferred embodiments,
the following examples are provided for the purpose of illustrating, but not limiting, the
invention.
EXAMPLES
10 EXAMPLES 1-8
(Preparations of Highly Pure Modafinil) Example 1: In a three necked round bottom flask equipped with reflux condenser, a thermometer and an agitator, diphenylmethylthio -2-acetamide (50 g) was suspended in methanol (550 ml). A solution (44 ml) containing 1.2 ml H2S04 dissolved in 46.7 ml
15 isopropanol was added. A 30% solution of H202 (45 ml) was added, causing the
temperature to rise to 30°C. The temperature was maintained at 30°C for 3.5 h.
The reaction mass was cooled to 25 °C and diluted with 450 ml of water. The excess of
unreacted H202 was neutralized with Na2S2O5 and additional 50 ml of water was added,
modafinil was separated by filtration and reslurried with 210 ml water. After drying 40.2 g
20 modafinil was obtained (yield: 75.7 %).
Example 2: In a three necked round bottom flask equipped with a reflux condenser, a thermometer and an agitator, diphenyhnethylthio-2-acetamide (50 g) was suspended in dimethylcarbonate (550 ml). A solution (44 ml) containing 1.2 ml H2S04 dissolved in 46.7
25 ml isopropanol was added. A 15% solution of H202 (85 ml) was added, causing the
temperature to rise to 30 °C. The temperature was maintained at 30 °C for 30h. The reaction mass was cooled to 25 °C and diluted with 450 ml of water. The excess of unreacted H202 was neutralized with NajSjOs and additional 50 ml of water was added, modafinil was separated by filtration and reslurried with 210 ml water. After drying 45.1g
30 modafinil was obtained (yield 85%).
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Example 3: In a three necked round bottom flask equipped with reflux condenser, a
thermometer, and an agitator, 3 g of modafinil prepared as in Example 1 was suspended in
32 ml acetone containing 5% water. The mixture was heated to reflux (-58°C) under a
nitrogen atmosphere. The solution so obtained was cooled to 42°C at which temperature
5 crystallization starts. The suspension was further cooled to 25 °C and filtered. After
drying, 1.95 g of highly purified modafinil essentially free of sulphone was obtained (yield: 65%).
Example 4: In a three necked round bottom flask equipped with reflux condenser, a
10 thermometer, and an agitator, 1 g of modafinil prepared as in Example 2 was suspended in
10.5 ml ethanol. The mixture was heated to reflux under nitrogen. The suspension was cooled to 25 °C and filtered. After drying 0.83 g of highly purified modafinil was obtained (yield: 83%).
15 Example 5: In a three necked round bottom flask equipped with reflux condenser, a
thermometer and an agitator, diphenylmethylthio-2-acetamide (50 g)was suspended in dimethylcarbonate (550 ml). A solution (44 ml) containing 1.2 ml H2S04 dissolved in 46.7 ml isopropanol was added. Further 49 ml of 30% H202 was added. The temperature increases to 30 °C and was maintained constant during 8h. The reaction mass was cooled
20 to 25 °C and diluted with 450 ml of water. The excess of unreacted H202 was neutralized
with Na2S205 and additional 50ml of water was added. Modafinil was separated by filtration and reslurried with 210 ml water. After drying 45.1g modafinil was obtained (yield 85%).
25 Example 6: In a three necked round bottom flask equipped with reflux condenser, a
thermometer, and an agitator, 3 g of modafinil prepared as in Example 5 was suspended in a mixture containing 100 ml acetone and 20 ml dimethylcarbonate. Under nitrogen, the mixture was heated to reflux (~58°C). The solution so obtained was cooled to 47 °C at which temperature crystallization starts. The suspension was further cooled to 25 °C and
16

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filtered. After drying 2.52 g of highly purified modafinil essentially free of sulphone was
obtained (yield: 84%).
Example 7: In a three necked round bottom flask equipped with reflux condenser, a
5 thermometer, and an agitator, 3.7 g of undried modafinil obtained in Example 6 was
suspended in a mixture containing 123.5 ml acetone and 24.7 ml dimethylcarbonate.
Under nitrogen the mixture was heated to reflux (~58 °C). The obtained solution was
cooled to 25 °C and filtered. The filter cake was dried and again suspended in a mixture of
94.5 ml acetone and 19 ml dimethylcarbonate and under nitrogen heated to reflux. The
10 solution so obtained was cooled to 25°C and filtered. After drying 2.32 g of highly
purified modafinil free of sulphone was obtained (yield: 62.7%).
Example 8: In a three necked round bottom flask equipped with reflux condenser, a thermometer, and an agitator, 3 g of modafinil prepared as in Example 5 was suspended
15 in a mixture containing 1ml acetone and 20 ml dimethylcarbonate. Under nitrogen, the
mixture was heated to reflux (~58 °C). The obtained solution was cooled to 25 °C and filtered. The wet filter cake was again suspended in a mixture of 100 ml acetone and .20 ml dimethylcarbonate and under nitrogen heated to reflux. The solution so obtained was cooled to 25°C and filtered. After drying, 2.1 g of highly purified modafinil free of
20 sulphone was obtained (yield: 70.5%).
EXAMPLES 9-13
(Preparations of Modafinil Form I)
Example 9: By Suspending Modafinil Form IV in Water. Modafinil Form IV (0.4 g) was
25 suspended in distilled water (50 ml) with a pH of about 5.9. The suspension was stirred
for about 24 hours at about 37° C and then filtered. The filtrate was analyzed by x-ray
powder diffraction and was determined to be modafinil Form I.
Example 10: By Heating Modafinil Forms V or VI A small aliquot of Modafinil Forms
30 V and VI are heated separately, for about 30 minutes, in an oven at about 100° C.
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Modafinil Forms V and VI were subsequently analyzed by x-ray powder diffraction and

both were determined to be Form I.
Example 11: Crystallization from Acetonitrile. Modafinil (3 g) was suspended in
5 acetonitrile (23 ml) in a three-necked round bottom flask equipped with a reflux
condenser, a thermometer, and an agitator. The mixture was heated to reflux (about 80° C). The resulting solution was cooled to about 63° C at which point crystallization began. The suspension was furthered cooled to about 25° C and then filtered. After drying, crystallized modafinil (1.96 g) Form I was obtained (65% yield).
10
Example 12: Crystallization from Dimethylformamide. Modafinil (3 g) was suspended in dimethylformamide (5.5 ml) in a three-necked round bottom flask equipped with a reflux condenser, a thermometer, and an agitator. The mixture was heated to reflux (about 60° C). A clear solution was obtained. Water (5 ml) was added dropwise to the
15 solution which caused modafinil to begin precipitating. Precipitation was completed by
cooling the mixture to about 25° C. The product was separated by filtration. After drying, crystallized modafinil (2.54 g) Form I was obtained (84.7% yield).
Example 13: Crystallization from Ethvl Acetate. Modafinil (3 g) was suspended in ethyl
20 acetate (50 ml) in a three-necked round bottom flask equipped with a reflux condenser, a
thermometer, and an agitator,. The mixture was heated to reflux (about 77° C) and
' maintained for about 1 hour. The mixture was cooled to about 25° C and then was
filtered. After drying, crystallized modafinil Form I (1.9 g) was obtained (63% yield).
25 EXAMPLES 14-15
(Preparation of Modafinil Form IT)
Example 14: Crystallization from Isopropanol. Modafinil (3 g) was suspended in
isopropanol (34 ml) in a three-necked round bottom flask equipped with a reflux
condenser, a thermometer, and an agitator. The mixture was heated to reflux (about 85°
30 C). The resulting solution was cooled to about 58° C at which point crystallization began.
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The suspension was cooled to about 25° C and then was filtered. After drying,
crystallized modafinil Form II (2.32 g) was obtained (77.3% yield).

Example 15: From a Suspension of Modafinil Form HI in Water: Modafinil Form III
5 (0.4 g) was suspended in distilled water (50 ml) having a pH of about 5.9. The suspension was stirred for about 24 hours at about 37° C and then was filtered. The filtrate was analyzed by powder X-ray diffraction and was determined to be modafinal Form II.
10 EXAMPLE 16
(Preparation of Modafinil Form III
Example 16: Crystallization from Toluene. Modafinil (3 g) was suspended in of toluene
(90 ml) in a three-necked round bottom flask equipped with a reflux condenser, a
thermometer, and an agitator. The mixture was heated to reflux (about 110° Q. The
15 resulting solution was cooled to about 35° C at which point crystallization began. The suspension was maintained for about 17 hours at about 25° C, cooled to about 5° C, and
then was filtered. After drying, crystallized modafinil (0.6 g) Form HI was obtained
(19.6% yield).
20 EXAMPLE 17
(Preparation of Modafinil Form IV")
Example 17: Crystallization from Tetrahvdrofuran. Modafinil (3 g) was suspended in tetrahydrofuran (90 ml) in a three-necked round bottom flask equipped with a reflux
condenser, a thermometer, and an agitator. The mixture is heated to reflux (about 63° C).
25 The resulting solution was cooled to about 53° C at which point crystallization began.
The suspension was cooled to about 25° C and then was filtered. After drying,
crystallized (2.4 g) modafinil Form IV was obtained (80% yield).
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EXAMPLE 18
(Preparation of Modafinil Form V)
Example 18: Crystallization from Dimethvlcarbonate. Modafinil (3 g) was suspended in
dimethylcarbonate (105 ml). The mixture was heated to reflux (about 90° C) in a
5 three-necked round bottom flask equipped with a reflux condenser, a thermometer, and an
agitator. After about 2 hours at reflux, the resulting solution was cooled to about 79° C at
which point crystallization began. The suspension was cooled to about 25° C and then
was filtered. After drying, about crystallized modafinil (3 g) Form V was obtained (about
90% yield).
10
EXAMPLE 19
(Preparation of Modafinil Form VI)
Example 19: From a Suspension of Form V in Ethanol. Modafinil (3.5 g) Form V was
suspended in ethanol (10 ml) in a three-necked round bottom flask equipped with a
15 descending condenser, a thermometer, and an agitator. The mixture was stirred for about
4.5 hours at about 25° C and then was filtered. After drying, crystallized modafinil (2.9
g) Form VI was obtained (82% yield).
EXAMPLE 20
20 (Preparation of Amorphous Modafinil)
Example 20: Crystallization from Xylenes. Modafinil (5 g) was suspended in of xylene
1 (150 ml) in a three-necked round bottom flask equipped with a descending condenser, a
thermometer and an agitator. The mixture was heated to about 110° C, which was
maintained for about 30 minutes. The resulting solution was cooled to about 35° C at
25 which point crystallization began. The suspension was maintained for about 17 hours at
about 25° C, then cooled to about 5° C, and then was filtered. After drying, amorphous
modafinil (1.83 g) was obtained (36.6% yield).
Having thus described the invention with reference to certain preferred
embodiments, other embodiments will become apparent to one skilled in the art from
30 consideration of the specification and examples. It is intended that the specification,
20

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including the examples, is exemplary only, with the scope and spirit of the invention
being defined by the claims which follow.
21

We Claim
1. A process for preparing modafinil comprising the steps of:
a) oxidizing 2-[(diphenylmethyl)thio]acetamide in a biphasic mixture with an aqueous
phase having H2O2, a mineral acid, and an alcohol, and an organic phase having an inert liquid
organic medium;
b) precipitating a solid containing modafinil from the mixture; and
c) separating the mixture from the precipitated solid.
2. A process for preparing modafinil comprising the steps of:
a) oxidizing 2-[(diphenylmethyl)thio]acetamide in a biphasic mixture with an aqueous phase having H2O2, a mineral acid, and a phase transfer catalyst, and an organic phase having an inert liquid organic medium;
b) precipitating a solid containing modafinil from the mixture; and
c) separating the mixture from the precipitated solid.

3. The process of claim 2, wherein the phase transfer catalyst is triethylbenzyl ammonium chloride or polyethylene glycol.
4. The process of claim 1 or 2 comprising the additional step of performing a single crystallization of the precipitated solid to obtain crystallized modafinil having a purity greater than or equal to 99.5%.
5. The process of claim 4, wherein the crystallized modafinil has a purity greater than or equal to 99.9%.
6. The process of claim 1 or 2, wherein the modafinil is isolated in a purity of 98-99% or greater.

22

7. The process of claim 1 or 2, comprising the additional step of measuring the purity of the
precipitated solid by the relative area of peaks in a chromatogram obtained by ultraviolet
detection using 225 nm wavelength.
8. The process of claim 1 or 2, wherein the precipitated solid is modafinil in greater than or equal to 99 % purity.
9. The process of claim 8, wherein the precipitated solid is modafinil in greater than or equal to 99.5 % purity.

10. The process of claim 1 or 2, wherein the H2O2 is added to the mixture as a 10-50 weight percent solution in water.
11. The process of claim 1 or 2, wherein the mineral acid is selected from the group consisting of sulfuric acid, perchloric acid, and phosphoric acid.
12. The process of claim 1, wherein the alcohol is selected from the group consisting of isopropanol, tert-butanol, and 2-methyl-l-butanol.
13. The process of claim 1 or 2, wherein the inert liquid organic medium is selected from the group consisting of methanol, ethanol, ethylene glycol, acetone, dimethylcarbonate, and mixtures thereof.
14. The process of claim 1, wherein the oxidizing comprises suspending one equivalent of the 2-[(diphenylmethyl)thio]acetamide in an inert liquid organic medium in an amount of 0.07 to about 0.13 grams per milliliter, adding from about 0.05 to about 0.2 molar equivalents of the mineral acid, from about 2 to about 4 equivalents of the alcohol and from about 1.5 to about 4 molar equivalents of H2O2 to the inert liquid organic medium.
15. The process of claim 14, wherein the oxidizing comprises heating the inert liquid organic medium.
16. Modafinil prepared by the process of claim 1 or 2.
17. Modafinil containing less than 0.02% 2-[(diphenylmethyl)sulfonyl] acetamide.
18. The modafinil of claim 17 essentially free of 2-[(diphenylmethyl)sulfonyl] acetamide.
23
19. The modafinil of claim 18 free of 2-[(diphenylmethyl)sulfonyl] acetamide.
20. Modafinil containing less than 0.02% 2-[(diphenylmethyl)sulfinyl] acetic acid.
21. Modafinil containing less than 0.02% methyl 2-[(diphenylmethyl)sulfinyl] acetate.
22. A process for purifying modafinil comprising the steps of:

a) providing modafinil;
b) at least partially dissolving the modafinil in a mixture of acetone and water; and
c) precipitating modafinil in a purity of 98% or greater from the mixture.
. 23. The process of claim 22, wherein the modafinil provided contains more than 0.5 mole percent 2-[(diphenylmethyI)sulfonyl]acetamide and the precipitated modafinil contains 0.5 mole percent or less 2-[(diphenylmethyl)sulfonyl]acetamide.
24. The process of claim 23, wherein the precipitated modafinil contains 0.1 mole percent or
less 2-[(diphenylmethyl)sulfonyl]acetamide.
25. The process of claim 22, wherein the mixture contains acetone in an amount of 50% or more.
26. The process of claim 25, wherein the mixture contains acetone and water in an
approximately 95:5 ratio.
27. Modafinil prepared by the process of claim 5.
28. The modafinil of claim 27 containing less than 0.02% 2-[(diphenylmethyI)sulfonyl]-acetamide.
29. The modafinil of claim 27 containing less than 0.01% 2-[(diphenylmethyl)sulfonyl]-acetamide.
30. The modafinil of claim 27 containing less than 0.0001% 2-[(diphenylmethyl)sulfonyl]-acetamide.
31. The modafinil of claim 27 containing less than 0.02% 2-[(diphenylmethyl)sulfinyl]acetic acid.
24

32. The modafinil of claim 27 containing less than 0.02% methyl 2-[phenylmethyl)sulfinyl] acetate.
33. The modafinil of claim 27, wherein the precipitated solid is modafinil in greater than or
equal to 99% purity.
34. The modafinil of claim 27, wherein the precipitated solid is modafinil in greater than or
equal to 99.5% purity.
35. The modafinil of claim 27, wherein the H202 is added to the mixture as a 10-50 weight
percent solution in water.
36. The modafinil of claim 27, wherein the mineral acid is selected from the group consisting of
sulfuric acid, perchloric acid, and phosphoric acid.
37. The modafinil of claim 27, wherein the alcohol is selected from the group consisting of isopropanol, tert-butanol, and 2-methyl-l-butanol.
38. The modafinil of claim 27, wherein the inert liquid organic medium is selected from the group consisting of methanol, ethanol, ethylene glycol, acetone, dimethylcarbonate, and mixtures thereof.
39. The modafinil of claim 38, wherein the inert liquid organic medium is acetone and/or dimethylcarbonate.
40. The modafinil of claim 38, wherein the oxidizing comprises suspending one equivalent of the 2-[(diphenylmethyl)thio]acetamide in an inert liquid organic medium in an amount of about 0.07 to 0.13 grams per milliliter, adding from about 0.05 to 0.2 molar equivalents of the mineral acid, from about 2 to 4 equivalents of the alcohol and from about 1.5 to 4 molar equivalents of H2O2 to the liquid organic medium.
41. The modafinil of claim 40, wherein oxidizing comprises heating the inert liquid organic medium.
42. A pharmaceutical composition comprising the modafinil of any one of the preceding claims.
25

43. A process for crystallizing modafinil comprising:
a) preparing a mixture of modafinil in acetone having water in an amount of 5% by
volume;
b) heating the mixture to reflux;
c) cooling the mixture to a temperature of at least 42°C to crystallize modafinil; and
d) separating the crystalline modafinil from the acetone and water.

44. The process according to claim 1, wherein the alcohol is present in an amount of about from about 2 to about 4 equivalents of the alcohol with respect to the 2-
[(diphenylmethyl)thio]acetamide.
45. A process for preparing modafinil Form I comprising the steps of:

a) dissolving modafinil in a liquid selected from the group consisting of acetone, acetonitrile, benzyl alcohol, dimethyl formamide, methanol, methyl ethyl ketone, pyrrolidone and mixtures thereof,
b) crystallizing modafinil from the liquid, and
c) separating the liquid to obtain modafinil Form I.

46. The process of claim 45 wherein the liquid is methanol or acetone.
47. A process for preparing modafinil Form I comprising the steps of:

a) suspending modafinil in ethyl acetate for a period of time sufficient to convert it into modafinil Form I, and
b) separating the ethyl acetate to obtain modafinil Form I.
48. A process for preparing modafinil Form I comprising the steps of:
a) suspending crystalline Form II modafinil in a liquid selected from the group consisting of methyl /-butyl ether, water, isobutyl acetate and mixtures thereof for a period of time sufficient to convert the Form II modafinil into modafinil Form I, and
b) separating the liquid to obtain modafinil Form L

49. A process for preparing modafinil Form I by heating Form V modafinil to about 80°C or
higher temperature for a period of time sufficient to convert the Form V modafinil into Form I
modafinil.
50. A process for preparing modafinil Form I by heating Form VI modafinil to about 80°C or higher temperature for a period of time sufficient to convert the Form V modafinil into modafinil Form I.
51. A crystalline form of modafinil that produces a powder X-ray diffraction pattern with reflections at 14.3,17.5,20.5 and 21.3±0.2 degrees 20.
52. The crystalline modafinil of claim 51 denominated modafinil Form II.
53. The crystalline form of modafinil of claim 51 wherein the reflections at 14.3,17.5,20.5 and 21.3±0.2 degrees 20 comprise a first set of reflections of strong intensity and wherein the crystalline form is further characterized by reflections of lesser intensity at 9.1,10.3,11.9, 15.2, 18.4, 24.6 and26.6±0.2 degrees 20.
54. The crystalline form of modafinil of claim 51 that produces a powder X-ray diffraction pattern with reflections at 9.1,10.3,11.1,11.9,14.3,15.2,16.4,17.5,18.4,20.5,21.3, 24.6, 26.6±0.2 degrees 26.
55. A process for preparing the modafinil of claim 51 comprising the steps of:

a) suspending Form HI modafinil in water for a period of time sufficient to convert Form in modafinil into the modafinil of claim 51, and
b) separating the water to obtain the modafini1 of claim 51.
56. A process for preparing the modafinil of claim 51 comprising the steps of:
a) dissolving modafinil in a liquid selected from the group consisting of ethanol,
isopropanol, w-butanol, /-butanol, methyl isobutyl ketone, ethylene glycol, dioxolane, dioxane
and mixtures thereof,
b) crystallizing modafinil from the liquid, and
c) separating the liquid to obtain the modafinil of claim 51.
27

57. A crystalline form of modafinil that produces a powder X-ray diffraction pattern with
Sections at 7.4,10.5, 20.0 and 20.5±0.2 degrees 2q.
58. The crystalline modafinil of claim 57 denominated modafinil Form III.
59. The crystalline form of modafinil of claim 57 wherein the reflections at 7.4,10.5,20.0 and 20.5±0.2 degrees 20 comprise a first set of reflections of strong intensity and wherein the crystalline form is further characterized by reflections of lesser intensity at 9.0,12.3,22.1 and 24.5±0.2 degrees 2q.
60. The crystalline form of modafinil of claim 57 that produces a powder X-ray diffraction pattern with reflections at 7.4,9.0,10.5,12.3,14.2,14.7,15.1,16.4,18.3,20.0, 20.5,21.1,22.1, 24.5±0.2 degrees 2q.
61. A process for preparing the modafinil of claim 57 comprising the steps of:

a) dissolving modafinil in a liquid selected from the group consisting of toluene and mixtures of ethanol and dimethylcarbonate,
b) crystallizing modafinil from the liquid, and
c) separating the liquid to obtain the modafinil of claim 57.
62. A crystalline form of modafinil that produces a powder X-ray diffraction pattern with reflections at 6.9,10.4,17.2,20.3 and 22.7±0.2 degrees 2q.
63. The crystalline modafinil of claim 62 denominated modafinil Form IV.
64. The crystalline form of modafinil of claim 62 wherein the reflections at 6.9,10.4,17.2,20.3 and 22.7±0.2 degrees 28 comprise a first set of reflections of strong intensity and wherein the crystalline form is further characterized by reflections of lesser intensity at 14.1,18.5,20.8,21.6 and 25.0±0.2 degrees2q.
65. The crystalline form of modafinil of claim 64 that produces a powder X-ray diffraction pattern with reflections at 6.9,10.4,14.1,17.2,18.5,20.3,20.8,21.6,22.7,25.0,26.5,27.6, 28.5±0.2 degrees 2q.
66. A process for preparing the modafinil of claim 62 comprising the steps of:
28

a) dissolving modafinil in a liquid selected from the group consisting of tetrahydrofuran and dimethyl sulfoxide
b) crystallizing modafinil from the liquid, and
c) separating the liquid to obtain the modafinil of claim 62.

67. A crystalline hemisolvate of modafinil and dimethylcarbonate.
68. The crystalline hemisolvate of modafinil and dimethylcarbonate of claim 67 that produces a powder X-ray diffraction pattern with reflections at 9.3,12.4,18.2,19.9 and 22.0±0.2 degrees 2q.
69. The crystalline hemisolvate of modafinil and dimethylcarbonate of claim 67 denominated modafinil Form V.
70. The crystalline form of modafinil of claim 68 wherein the reflections at 9.3,12.4,18.2,19.9 and 22.0±0.2 degrees 20 comprise a first set of reflections of strong intensity and wherein the crystalline form is further characterized by reflections of lesser intensity at 7.4,24.7,26.2, 21.5, 23.6,24.5 and 25.2±0.2 degrees 2q.
71. The crystalline form of modafinil of claim 69 that produces a powder X-ray diffraction pattern with reflections at 7.4, 9.3,10.5,12.4,14.7,16.2,18.2,19.9,21.5,22.0, 23.6,24.5, 25.2, 28.4,29.5, 31.8±0.2 degrees 2q.
72. A process for preparing the modafinil of claim 67 comprising the steps of:

a) dissolving modafinil in liquid selected from the group consisting of methylcarbonate, ethanol and dimethylcarbonate mixtures, water and dimethylcarbonate mixtures and acetone and dimethylcarbonate mixtures
b) crystallizing modafinil from the liquid, and
c) separating the liquid to obtain the modafinil of claim 67.
73. A crystalline form of modafinil that produces a powder X-ray diffraction pattern with
reflections at 9.3,18.2, and 20.5±0.2 degrees 2q.
29

74. The crystalline modafinil of claim 73 denominated modafinil Form VI.
73. The crystalline form of modafinil of claim 73 wherein the reflections at 9.3,18.2, and 20.5±0.2 degrees 26 comprise a first set of reflections of strong intensity and wherein the crystalline form is further characterized by reflections of lesser intensity at 9.0, 10.2,12.4, 15.3, and 20.0±0.2 degrees 2q.
76. The crystalline form of modafinil of claim 75 that produces a powder X-ray diffraction pattern with reflections at 9.0,9.3,10.2,12.4,14.2,14.5,15.3,17.5,18.1,20.0,20.5,21.5,22.0, 23.5,24.5,25.0±0.2 degrees 2q.
77. A process for preparing the modafinil of claim 73 comprising the steps of:

a) suspending Form V modafinil in a liquid selected from the group consisting of water, ethanol and ethanol and water mixtures for a period of time sufficient to convert the Form V modafinil into the modafinil of claim 73, and
b) separating the liquid to obtain the modafinil of claim 73.

78. A pharmaceutical composition comprising the modafinil of claim 51 and a pharmaceutically acceptable excipient.
79. A pharmaceutical dosage form comprising the composition of claim 78.
80. A pharmaceutical composition comprising the modafinil of claim 57 and a pharmaceutically acceptable excipient.
81. A pharmaceutical dosage form comprising the composition of claim 80.
82. A pharmaceutical composition comprising the modafinil of claim 62 and a pharmaceutically acceptable excipient.
83. A pharmaceutical dosage form comprising the composition of claim 82.
84. A pharmaceutical composition comprising the modafinil of claim 73 and a pharmaceutically acceptable excipient.
85. A pharmaceutical dosage form comprising the composition of claim 84.
30

86. A process for preparing modafinil substantially as herein described with reference to the foregoing description and accompanying drawings.
87 A process for purifying modafinil substantially as herein described with reference to the foregoing description and accompanying drawings.
Dated this 25th day of October, 2006.


31

(RANJNA MEHTA-DUTT)
Of Remfry & Sagar
Attorney for the Applicants

Documents:

1259-mumnp-2006 form 13 (06-11-08).pdf

1259-MUMNP-2006-ABSTRACT(24-9-2012).pdf

1259-MUMNP-2006-ABSTRACT(5-8-2009).pdf

1259-MUMNP-2006-ABSTRACT(GRANTED)-(29-10-2012).pdf

1259-MUMNP-2006-ANNEXURE(12-10-2009).pdf

1259-MUMNP-2006-CANCELLED PAGES(5-8-2009).pdf

1259-MUMNP-2006-CLAIMS(5-8-2009).pdf

1259-MUMNP-2006-CLAIMS(AMENDED)-(24-9-2012).pdf

1259-MUMNP-2006-CLAIMS(GRANTED)-(29-10-2012).pdf

1259-mumnp-2006-claims.pdf

1259-MUMNP-2006-CORRESPONDENCE(12-10-2009).pdf

1259-MUMNP-2006-CORRESPONDENCE(13-4-2010).pdf

1259-MUMNP-2006-CORRESPONDENCE(13-8-2012).pdf

1259-MUMNP-2006-CORRESPONDENCE(14-12-2009).pdf

1259-MUMNP-2006-CORRESPONDENCE(18-3-2009).pdf

1259-MUMNP-2006-CORRESPONDENCE(22-5-2009).pdf

1259-MUMNP-2006-CORRESPONDENCE(6-11-2008).pdf

1259-MUMNP-2006-CORRESPONDENCE(8-12-2009).pdf

1259-MUMNP-2006-CORRESPONDENCE(8-6-2011).pdf

1259-MUMNP-2006-CORRESPONDENCE(IPO)-(29-10-2012).pdf

1259-mumnp-2006-correspondsance-received.pdf

1259-mumnp-2006-description (complete).pdf

1259-MUMNP-2006-DESCRIPTION(COMPLETE)-(5-8-2009).pdf

1259-MUMNP-2006-DESCRIPTION(GRANTED)-(29-10-2012).pdf

1259-MUMNP-2006-DRAWING(5-8-2009).pdf

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1259-MUMNP-2006-REPLY TO EXAMINATION REPORT(5-8-2009).pdf

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Patent Number 254357
Indian Patent Application Number 1259/MUMNP/2006
PG Journal Number 44/2012
Publication Date 02-Nov-2012
Grant Date 29-Oct-2012
Date of Filing 26-Oct-2006
Name of Patentee TEVA PHARMACEUTICAL INDUSTRIES LTD.
Applicant Address 5 BASEL STREET, P. O. BOX 3190, PETAH TIQVA 49131
Inventors:
# Inventor's Name Inventor's Address
1 CLAUDE SINGER 8/8 David Elazar, Kfar Saba,
2 NEOMI GERSHON 11 Nachshon, Kfar Saba,
3 ARINA CEAUSU 2/26 HAKUKIA RISHON LEZION
4 ANITA LIEBERMAN 28 BEN YOSEF RAMAT AVIV
5 JUDITH ARONHIME REHOV HARAV MAOR IOSAF 5A, 76217 REHOVOT
PCT International Classification Number A61K31/165 C07C315/02 C07C315/06
PCT International Application Number PCT/US01/23689
PCT International Filing date 2001-07-27
PCT Conventions:
# PCT Application Number Date of Convention Priority Country
1 60/226,491 2000-08-18 U.S.A.
2 60/229,160 2000-08-30 U.S.A.
3 60/259,332 2001-01-02 U.S.A.
4 60/221,110 2000-07-27 U.S.A.
5 60/230,088 2000-09-05 U.S.A.