Arthritis Advisory Committee; Notice of Meeting, 43437-43438 [05-14751]
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Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Notices
proposed collection of information; (c)
the quality, utility, and clarity of the
information to be collected; and (d)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
Consideration will be given to
comments and suggestions submitted
within 60 days of this publication.
Dated: July 21, 2005.
Robert Sargis,
Reports Clearance Officer.
[FR Doc. 05–14848 Filed 7–26–05; 8:45 am]
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. 2002E–0344] (formerly Docket
No. 02E–0344)
Determination of Regulatory Review
Period for Purposes of Patent
Extension; ATS Open Pivot Bileaf
Heart Valve
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
SUMMARY: The Food and Drug
Administration (FDA) has determined
the regulatory review period for ATS
Open Pivot Bileaf Heart Valve and is
publishing this notice of that
determination as required by law. FDA
has made the determination because of
the submission of an application to the
Director of Patents and Trademarks,
Department of Commerce, for the
extension of a patent which claims that
medical device.
ADDRESSES: Submit written comments
and petitions to the Division of Dockets
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852. Submit
electronic comments to https://
www.fda.gov/dockets/ecomments.
FOR FURTHER INFORMATION CONTACT:
Claudia Grillo, Office of Regulatory
Policy (HFD–013), Food and Drug
Administration, 5600 Fishers Lane,
Rockville, MD 20857, 240–453–6699.
SUPPLEMENTARY INFORMATION: The Drug
Price Competition and Patent Term
Restoration Act of 1984 (Public Law 98–
417) and the Generic Animal Drug and
Patent Term Restoration Act (Public
Law 100–670) generally provide that a
patent may be extended for a period of
up to 5 years so long as the patented
item (human drug product, animal drug
product, medical device, food additive,
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or color additive) was subject to
regulatory review by FDA before the
item was marketed. Under these acts, a
product’s regulatory review period
forms the basis for determining the
amount of extension an applicant may
receive.
A regulatory review period consists of
two periods of time: A testing phase and
an approval phase. For medical devices,
the testing phase begins with a clinical
investigation of the device and runs
until the approval phase begins. The
approval phase starts with the initial
submission of an application to market
the device and continues until
permission to market the device is
granted. Although only a portion of a
regulatory review period may count
toward the actual amount of extension
that the Director of Patents and
Trademarks may award (half the testing
phase must be subtracted as well as any
time that may have occurred before the
patent was issued), FDA’s determination
of the length of a regulatory review
period for a medical device will include
all of the testing phase and approval
phase as specified in 35 U.S.C.
156(g)(3)(B).
FDA approved for marketing the
medical device ATS Open Pivot Bileaf
Heart Valve. ATS Open Pivot Bileaf
Heart Valve is indicated for the
replacement of diseased, damaged, or
malfunctioning native or prosthetic
aortic or mitral valves. Subsequent to
this approval, the Patent and Trademark
Office received a patent term restoration
application for ATS Open Pivot Bileaf
Heart Valve (U.S. Patent No. 5,354,330)
from ATS Medical, Inc., and the Patent
and Trademark Office requested FDA’s
assistance in determining this patent’s
eligibility for patent term restoration. In
a letter dated December 30, 2002, FDA
advised the Patent and Trademark
Office that this medical device had
undergone a regulatory review period
and that the approval of ATS Open
Pivot Bileaf Heart Valve represented the
first permitted commercial marketing or
use of the product. Shortly thereafter,
the Patent and Trademark Office
requested that FDA determine the
product’s regulatory review period.
FDA has determined that the
applicable regulatory review period for
ATS Open Pivot Bileaf Heart Valve is
1,418 days. Of this time, 980 days
occurred during the testing phase of the
regulatory review period, while 438
days occurred during the approval
phase. These periods of time were
derived from the following dates:
1. The date an exemption under
section 520(g) of the Federal Food, Drug,
and Cosmetic Act involving this device
became effective: November 27, 1996.
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
43437
FDA has verified the applicant’s claim
that the date the investigational device
exemption (IDE) required under section
520(g) of the Federal Food, Drug, and
Cosmetic Act (the act) (21 U.S.C.
360j(g)) for human tests to begin became
effective November 27, 1996.
2. The date the application was
initially submitted with respect to the
device under section 515 of the act (21
U.S.C. 360e): August 3, 1999. FDA has
verified the applicant’s claim that the
premarket approval application (PMA)
for ATS Open Pivot Bileaf Heart Valve
(PMA P990046) was initially submitted
August 3, 1999.
3. The date the application was
approved: October 13, 2000. FDA has
verified the applicant’s claim that PMA
P990046 was approved on October 13,
2000.
This determination of the regulatory
review period establishes the maximum
potential length of a patent extension.
However, the U.S. Patent and
Trademark Office applies several
statutory limitations in its calculations
of the actual period for patent extension.
In its application for patent extension,
this applicant seeks 505 days of patent
term extension.
Anyone with knowledge that any of
the dates as published are incorrect may
submit to the Division of Dockets
Management (see ADDRESSES) written or
electronic comments and ask for a
redetermination by September 26, 2005.
Furthermore, any interested person may
petition FDA for a determination
regarding whether the applicant for
extension acted with due diligence
during the regulatory review period by
January 23, 2006. To meet its burden,
the petition must contain sufficient facts
to merit an FDA investigation. (See
H. Rept. 857, part 1, 98th Cong., 2d
sess., pp. 41–42, 1984.) Petitions should
be in the format specified in 21 CFR
10.30.
Comments and petitions should be
submitted to the Division of Dockets
Management. Three copies of any
mailed information are to be submitted,
except that individuals may submit one
copy. Comments are to be identified
with the docket number found in
brackets in the heading of this
document. Comments and petitions may
be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m.,
Monday through Friday.
Dated: June 29, 2005.
Jane A. Axelrad,
Associate Director for Policy, Center for Drug
Evaluation and Research.
[FR Doc. 05–14748 Filed 7–26–05; 8:45 am]
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43438
Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Notices
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
Arthritis Advisory Committee; Notice
of Meeting
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
This notice announces a forthcoming
meeting of a public advisory committee
of the Food and Drug Administration
(FDA). The meeting will be open to the
public.
Name of Committee: Arthritis
Advisory Committee.
General Function of the Committee:
To provide advice and
recommendations to the agency on
FDA’s regulatory issues.
Date and Time: The meeting will be
held on September 6, 2005, from 8:30
a.m. to 4:30 p.m.
Location: Food and Drug
Administration, Center for Drug
Evaluation and Research Conference
Room, rm. 1066, 5630 Fishers Lane,
Rockville, MD.
Contact Person: Johanna M. Clifford,
Center for Drug Evaluation and Research
(HFD–21), Food and Drug
Administration, 5600 Fishers Lane (for
express delivery, 5630 Fishers Lane, rm.
1093), Rockville, MD 20857, 301–827–
7001, FAX: 301–827-6776, e-mail:
cliffordj@cder.fda.gov, or FDA Advisory
Committee Information Line, 1–800–
741–8138 (301–443–0572 in the
Washington, DC area), code
3014512532. Please call the Information
Line for up-to-date information on this
meeting.
Agenda: The committee will discuss
biologics license application (BLA)
125118/0, proposed trade name
ORENCIA (abatacept), Bristol Myers
Squibb, proposed indication for the
treatment of moderately to severely
active rheumatoid arthritis. When
available, background materials for this
meeting will be posted 1 business day
before the meeting on FDA’s Web site at
https://www.fda.gov/ohrms/dockets/ac/
acmenu.htm. (Click on the year 2005
and scroll down to Arthritis Advisory
Committee.)
Procedure: Interested persons may
present data, information, or views,
orally or in writing, on issues pending
before the committee. Written
submissions may be made to the contact
person by August 26, 2005. Oral
presentations from the public will be
scheduled between approximately 11:30
a.m. and 12:30 p.m. Time allotted for
each presentation may be limited. Those
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19:40 Jul 26, 2005
Jkt 205001
desiring to make formal oral
presentations should notify the contact
person before August 26, 2005, and
submit a brief statement of the general
nature of the evidence or arguments
they wish to present, the names and
addresses of proposed participants, and
an indication of the approximate time
requested to make their presentation.
Persons attending FDA’s advisory
committee meetings are advised that the
agency is not responsible for providing
access to electrical outlets.
FDA welcomes the attendance of the
public at its advisory committee
meetings and will make every effort to
accommodate persons with physical
disabilities or special needs. If you
require special accommodations due to
a disability, please contact Johanna
Clifford at 301–827–7001, at least 7 days
in advance of the meeting.
Notice of this meeting is given under
the Federal Advisory Committee Act (5
U.S.C. app. 2).
Dated: July 20, 2005.
Sheila Dearybury Walcoff,
Associate Commissioner for External
Relations.
[FR Doc. 05–14751 Filed 7–26–05; 8:45 am]
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
Endocrinologic and Metabolic Drugs
Advisory Committee; Notice of Meeting
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
This notice announces a forthcoming
meeting of a public advisory committee
of the Food and Drug Administration
(FDA). The meeting will be open to the
public.
Name of Committee: Endocrinologic
and Metabolic Drugs Advisory
Committee.
General Function of the Committee:
To provide advice and
recommendations to the agency on
FDA’s regulatory issues.
Date and Time: The meeting will be
held on September 8 and 9, 2005, from
8 a.m. to 5 p.m.
Location: Holiday Inn Washington
Silver Spring, The Ballrooms, 8777
Georgia Ave., Silver Spring, MD. The
hotel telephone number is 301–589–
0800.
Contact Person: Cathy Groupe, Center
for Drug Evaluation and Research (HFD–
21), Food and Drug Administration,
5600 Fishers Lane (for express delivery,
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
5630 Fishers Lane, rm. 1093), Rockville,
MD 20857, 301–827–7001, e-mail:
groupec@cder.fda.gov, or FDA Advisory
Committee Information Line, 1–800–
741–8138 (301–443–0572 in the
Washington, DC area), code
3014512536. Please call the Information
Line for up-to-date information on this
meeting. When available, background
materials for this meeting will be posted
one business day prior to the meeting on
FDA’s Web site at https://www.fda.gov/
ohrms/dockets/ac/acmenu.htm. (Click
on the year 2005 and scroll down to
Endocrinologic and Metabolic Drugs
Advisory Committee.)
Agenda: On September 8, 2005, the
committee will discuss new drug
application (NDA) 21–868, proposed
trade name EXUBERA (insulin
recombinant deoxyribonucleic acid
(rDNA) origin powder for oral
inhalation), 1 milligram (mg) and 3 mg
powder for inhalation, Pfizer, Inc., for
the treatment of adult patients with
diabetes mellitus. On September 9,
2005, the committee will discuss NDA
21–865, proposed trade name
PARAGLUVA (muraglitazar) Tablets,
2.5 mg and 5 mg, Bristol-Myers Squibb,
for the treatment of type II diabetes
mellitus.
Procedure: Interested persons may
present data, information, or views,
orally or in writing, on issues pending
before the committee. Written
submissions may be made to the contact
person by August 31, 2005. Oral
presentations from the public will be
scheduled between approximately 1
p.m. and 2 p.m. on both days. Time
allotted for each presentation may be
limited. Those desiring to make formal
oral presentations should notify the
contact person before August 31, 2005,
and submit a brief statement of the
general nature of the evidence or
arguments they wish to present, the
names and addresses of proposed
participants, and an indication of the
approximate time requested to make
their presentation.
Persons attending FDA’s advisory
committee meetings are advised that the
agency is not responsible for providing
access to electrical outlets.
FDA welcomes the attendance of the
public at its advisory committee
meetings and will make every effort to
accommodate persons with physical
disabilities or special needs. If you
require special accommodations due to
a disability, please contact John
Lauttman at least 7 days in advance of
the meeting at 301–827–7001.
Notice of this meeting is given under
the Federal Advisory Committee Act (5
U.S.C. app. 2).
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Agencies
[Federal Register Volume 70, Number 143 (Wednesday, July 27, 2005)]
[Notices]
[Pages 43437-43438]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14751]
[[Page 43438]]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
Arthritis Advisory Committee; Notice of Meeting
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
-----------------------------------------------------------------------
This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
Name of Committee: Arthritis Advisory Committee.
General Function of the Committee: To provide advice and
recommendations to the agency on FDA's regulatory issues.
Date and Time: The meeting will be held on September 6, 2005, from
8:30 a.m. to 4:30 p.m.
Location: Food and Drug Administration, Center for Drug Evaluation
and Research Conference Room, rm. 1066, 5630 Fishers Lane, Rockville,
MD.
Contact Person: Johanna M. Clifford, Center for Drug Evaluation and
Research (HFD-21), Food and Drug Administration, 5600 Fishers Lane (for
express delivery, 5630 Fishers Lane, rm. 1093), Rockville, MD 20857,
301-827-7001, FAX: 301-827-6776, e-mail: cliffordj@cder.fda.gov, or FDA
Advisory Committee Information Line, 1-800-741-8138 (301-443-0572 in
the Washington, DC area), code 3014512532. Please call the Information
Line for up-to-date information on this meeting.
Agenda: The committee will discuss biologics license application
(BLA) 125118/0, proposed trade name ORENCIA (abatacept), Bristol Myers
Squibb, proposed indication for the treatment of moderately to severely
active rheumatoid arthritis. When available, background materials for
this meeting will be posted 1 business day before the meeting on FDA's
Web site at https://www.fda.gov/ohrms/dockets/ac/acmenu.htm. (Click on
the year 2005 and scroll down to Arthritis Advisory Committee.)
Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person by August 26,
2005. Oral presentations from the public will be scheduled between
approximately 11:30 a.m. and 12:30 p.m. Time allotted for each
presentation may be limited. Those desiring to make formal oral
presentations should notify the contact person before August 26, 2005,
and submit a brief statement of the general nature of the evidence or
arguments they wish to present, the names and addresses of proposed
participants, and an indication of the approximate time requested to
make their presentation. Persons attending FDA's advisory committee
meetings are advised that the agency is not responsible for providing
access to electrical outlets.
FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Johanna Clifford at
301-827-7001, at least 7 days in advance of the meeting.
Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).
Dated: July 20, 2005.
Sheila Dearybury Walcoff,
Associate Commissioner for External Relations.
[FR Doc. 05-14751 Filed 7-26-05; 8:45 am]
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