Grant of Interim Extension of the Term of U.S. Patent No. 4,927,855; NUVIGIL(TM), 29137 [E7-10084]

Download as PDF Federal Register / Vol. 72, No. 100 / Thursday, May 24, 2007 / Notices Dated: May 18, 2007. Susan K. Fawcett, Records Officer, U.S. Patent and Trademark Office, Office of the Chief Information Officer, Customer Information Services Group, Public Information Services Division. [FR Doc. E7–10042 Filed 5–23–07; 8:45 am] BILLING CODE 3510–16–P DEPARTMENT OF COMMERCE Patent and Trademark Office [Docket No. PTO–P–2007–0021] Grant of Interim Extension of the Term of U.S. Patent No. 4,927,855; NUVIGIL(TM) (armodafinil) United States Patent and Trademark Office, Commerce. ACTION: Notice of interim patent term extension. AGENCY: The United States Patent and Trademark Office has issued an order granting interim extension under 35 U.S.C. 156(d)(5) for a one-year interim extension of the term of U.S. Patent No. 4,927,855. FOR FURTHER INFORMATION CONTACT: Mary C. Till by telephone at (571) 272– 7755; by mail marked to her attention and addressed to the Commissioner for Patents, Mail Stop Hatch-Waxman PTE., P.O. Box 1450, Alexandria, VA 22313– 1450; by fax marked to her attention at (571) 273–7755, or by e-mail to Mary.Till@uspto.gov. SUPPLEMENTARY INFORMATION: Section 156 of Title 35, United States Code, generally provides that the term of a patent may be extended for a period of up to five years if the patent claims a product, or a method of making or using a product, that has been subject to certain defined regulatory review, and that the patent may be extended for interim periods of up to a year if the regulatory review is anticipated to extend beyond the expiration date of the patent. On May 7, 2007, Cephalon, Inc., an agent of Laboratoire L. Lafon, the owner of record in the United States Patent and Trademark Office of U.S. Patent No. 4,927,855, timely filed an application under 35 U.S.C. 156(d)(5) for an interim extension of the term of U.S. Patent No. 4,927,855. The patent claims the human drug product NUVIGIL(TM) (armodafinil) and a method of said product. The application indicates, and the Food and Drug Administration has confirmed, that a new drug application (NDA 21– 875) for the human drug product NUVIGIL(TM) (armodafinil) has been filed and is currently undergoing regulatory review before the Food and rmajette on PROD1PC67 with NOTICES SUMMARY: VerDate Aug<31>2005 15:52 May 23, 2007 Jkt 211001 Drug Administration for permission to market or use the product commercially. Review of the application indicates that, except for permission to market or use the product commercially, the subject patent would be eligible for an extension of the patent term under 35 U.S.C. 156, and that the patent should be extended for one year as required by 35 U.S.C. 156(d)(5)(B). Because it is apparent that the regulatory review period will continue beyond the original expiration date of the patent (May 22, 2007), interim extension of the patent term under 35 U.S.C. 156(d)(5) is appropriate. An interim extension under 35 U.S.C. 156(d)(5) of the term of U.S. Patent No. 4,927,855 is granted for a period of one year from the expiration date of the patent, i.e., until May 22, 2008. Dated: May 18, 2007. Jon W. Dudas, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. E7–10084 Filed 5–23–07; 8:45 am] BILLING CODE 3510–16–P DEPARTMENT OF DEFENSE Office of the Secretary Sub Committee Meeting of the President’s Commission on Care for America’s Returning Wounded Warriors AGENCY: Department of Defense. Federal Advisory Committee Sub Committee Meeting Notice. ACTION: SUMMARY: Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended) and 41 Code of Federal Regulations (CFR) 102–3.140 thorough 160, the Department of Defense announces the forthcoming sub committee meeting: Subcommittees of the Commission will conduct preparatory work meetings at Ft. Bragg and Camp Lejeune, North Caroline June 19th to gather information, conduct research and analyze relevant issues and facts in preparation for a meeting of the Commission. Pursuant to section 102– 3.160(a) of 41 Code of Federal Regulations (CFR), these subcommittee meetings are not open to the public, and the subcommittees are required to report their findings to the Commission for further deliberation. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 29137 Dated: May 18, 2007. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, DoD. [FR Doc. 07–2596 Filed 5–22–07; 10:59 am] BILLING CODE 5001–06–M DEPARTMENT OF DEFENSE Office of the Secretary Sub Committee Meeting of the President’s Commission on Care for America’s Returning Wounded Warriors Department of Defense. Federal Advisory Committee Sub Committee Meeting Notice. AGENCY: ACTION: SUMMARY: Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended) and 41 Code of Federal Regulations (CFR) 102–3.140 through 160, the Department of Defense announces the forthcoming sub committee meeting: Subcommittees of the Commission will conduct preparatory work meetings in the New Jersey area June 15th to gather information, conduct research and analyze relevant issues and facts in preparation for a meeting of the Commission. Pursuant to section 102– 3.160(a) of 41 Code of Federal Regulations (CFR), these subcommittee meetings are not open to the public, and the subcommittees are required to report their findings to the Commission for further deliberation. Locations include the East Orange VA Health Center. Additionally, the Sub Committees may visit public and private hospitals in the area for investigation of Centers of Excellence that apply to the Commission’s Charter. Dated: May 18, 2007. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, DoD. [FR Doc. 07–2597 Filed 5–22–07; 8:45 am] BILLING CODE 5001–06–M ELECTION ASSISTANCE COMMISSION Sunshine Act Notice United States Election Assistance Commission. ACTION: Notice of Public Teleconference Meetings for the Working Subcommittees of the Technical Guidelines Development Committee. AGENCY: DATES AND TIMES: E:\FR\FM\24MYN1.SGM 24MYN1

Agencies

[Federal Register Volume 72, Number 100 (Thursday, May 24, 2007)]
[Notices]
[Page 29137]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10084]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No. PTO-P-2007-0021]


Grant of Interim Extension of the Term of U.S. Patent No. 
4,927,855; NUVIGIL\(TM)\ (armodafinil)

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice of interim patent term extension.

-----------------------------------------------------------------------

SUMMARY: The United States Patent and Trademark Office has issued an 
order granting interim extension under 35 U.S.C. 156(d)(5) for a one-
year interim extension of the term of U.S. Patent No. 4,927,855.

FOR FURTHER INFORMATION CONTACT: Mary C. Till by telephone at (571) 
272-7755; by mail marked to her attention and addressed to the 
Commissioner for Patents, Mail Stop Hatch-Waxman PTE., P.O. Box 1450, 
Alexandria, VA 22313-1450; by fax marked to her attention at (571) 273-
7755, or by e-mail to Mary.Till@uspto.gov.

SUPPLEMENTARY INFORMATION: Section 156 of Title 35, United States Code, 
generally provides that the term of a patent may be extended for a 
period of up to five years if the patent claims a product, or a method 
of making or using a product, that has been subject to certain defined 
regulatory review, and that the patent may be extended for interim 
periods of up to a year if the regulatory review is anticipated to 
extend beyond the expiration date of the patent.
    On May 7, 2007, Cephalon, Inc., an agent of Laboratoire L. Lafon, 
the owner of record in the United States Patent and Trademark Office of 
U.S. Patent No. 4,927,855, timely filed an application under 35 U.S.C. 
156(d)(5) for an interim extension of the term of U.S. Patent No. 
4,927,855. The patent claims the human drug product 
NUVIGIL^(TM) (armodafinil) and a method of said product. The 
application indicates, and the Food and Drug Administration has 
confirmed, that a new drug application (NDA 21-875) for the human drug 
product NUVIGIL^(TM) (armodafinil) has been filed and is 
currently undergoing regulatory review before the Food and Drug 
Administration for permission to market or use the product 
commercially.
    Review of the application indicates that, except for permission to 
market or use the product commercially, the subject patent would be 
eligible for an extension of the patent term under 35 U.S.C. 156, and 
that the patent should be extended for one year as required by 35 
U.S.C. 156(d)(5)(B). Because it is apparent that the regulatory review 
period will continue beyond the original expiration date of the patent 
(May 22, 2007), interim extension of the patent term under 35 U.S.C. 
156(d)(5) is appropriate.
    An interim extension under 35 U.S.C. 156(d)(5) of the term of U.S. 
Patent No. 4,927,855 is granted for a period of one year from the 
expiration date of the patent, i.e., until May 22, 2008.

    Dated: May 18, 2007.
Jon W. Dudas,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
 [FR Doc. E7-10084 Filed 5-23-07; 8:45 am]
BILLING CODE 3510-16-P

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