Grant of Interim Extension of the Term of U.S. Patent No. 5,407,914; SURFAXIN® (lucinactant), 60240 [E9-27903]

Download as PDF srobinson on DSKHWCL6B1PROD with NOTICES 60240 Federal Register / Vol. 74, No. 223 / Friday, November 20, 2009 / Notices formerly, Article 8 of TERCL) C. Tax Credit for Investment in Facilities for Productivity Enhancement (Article 24 of RSTA /Article 25 of TERCL) D. Tax Credit for Investment in Facilities for Special Purposes (Article 25 of RSTA) E. Reserve for Overseas Market Development (formerly, Article 17 of TERCL) F. Reserve for Export Loss (formerly, Article 16 of TERCL) G. Tax Exemption for Foreign Technicians (Article 18 of RSTA) H. Reduction of Tax Regarding the Movement of a Factory That Has Been Operated for More Than Five Years (Article 71 of RSTA) I. Tax Reductions or Exemption on Foreign Investments under Article 9 of the Foreign Investment Promotion Act (‘‘FIPA’’)/ FIPA (formerly, Foreign Capital Inducement Law) J. Duty Drawback on Non–Physically Incorporated Items and Excessive Loss Rates K. Export Insurance L. Electricity Discounts Under the RLA Program M. Import Duty Reduction for Cutting Edge Products N. System IC 2010 Project The calculations will be disclosed to the interested parties in accordance with 19 CFR 351.224(b). We determine that the total estimated net countervailable subsidy rate for Hynix for calendar year 2007 is 0.06 percent ad valorem, which is de minimis in accordance with 19 CFR 351.106(c)(1). The Department will instruct CBP to liquidate shipments of DRAMS by Hynix entered or withdrawn from warehouse, for consumption from January 1, 2007, through December 31, 2007, without regard to countervailing duties. See 19 CFR 351.106(c)(1). We intend to issue these instructions 15 days after publication of these final results of review. On October 3, 2008, the Department published a Federal Register notice that, inter alia, revoked this order, effective August 11, 2008. See Dynamic Random Access Memory Semiconductors From the Republic of Korea: Final Results of Sunset Review and Revocation of Order, 73 FR 57594 (October 3, 2008). As a result, CBP is no longer suspending liquidation for entries of subject merchandise occurring after the revocation. Therefore, there is no need to issue new cash deposit instructions for these final results of review. This notice serves as a reminder to parties subject to administrative VerDate Nov<24>2008 17:03 Nov 19, 2009 Jkt 220001 protective order (‘‘APO’’) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: November 13, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. [FR Doc. E9–27937 Filed 11–19–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE Patent and Trademark Office [Docket No. PTO–P–2009–0052] Grant of Interim Extension of the Term of U.S. Patent No. 5,407,914; SURFAXIN® (lucinactant) AGENCY: United States Patent and Trademark Office. 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. 5,407,914. 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. 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 one year if the regulatory review is anticipated to extend beyond the expiration date of the patent. On October 6, 2009, Discovery Laboratories Inc., on behalf of patent owner Scripps Research Institute, timely filed an application under 35 U.S.C. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 156(d)(5) for an interim extension of the term of U.S. Patent No. 5,407,914. The patent claims the human drug product, SURFAXIN® (lucinactant) and a method of using SURFAXIN® (lucinactant). The application indicates that a New Drug Application, NDA No. 21–746, for the human drug product SURFAXIN® (lucinactant) 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 November 17, 2009, 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. 5,407,914 is granted for a period of one year from the original expiration date of the patent, i.e., until November 17, 2010. Dated: November 16, 2009. David J. Kappos, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. E9–27903 Filed 11–19–09; 8:45 am] BILLING CODE 3510–16–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XT03 South Atlantic Fishery Management Council; Public Meetings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meetings. SUMMARY: The South Atlantic Fishery Management Council (Council) will hold meetings of its Scientific and Statistical Committee (SSC), Spiny Lobster Committee, Law Enforcement Committee, a joint meeting of its Executive and Finance Committees, Protected Resources Committee, Ecosystem-Based Management Committee, Personnel Committee (Closed Session), Dolphin/Wahoo Committee, Mackerel Committee, E:\FR\FM\20NON1.SGM 20NON1

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[Federal Register Volume 74, Number 223 (Friday, November 20, 2009)]
[Notices]
[Page 60240]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27903]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No. PTO-P-2009-0052]


Grant of Interim Extension of the Term of U.S. Patent No. 
5,407,914; SURFAXIN[supreg] (lucinactant)

AGENCY: United States Patent and Trademark Office.

ACTION: Notice of interim patent term extension.

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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. 5,407,914.

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 one year if the regulatory review is anticipated to 
extend beyond the expiration date of the patent.
    On October 6, 2009, Discovery Laboratories Inc., on behalf of 
patent owner Scripps Research Institute, timely filed an application 
under 35 U.S.C. 156(d)(5) for an interim extension of the term of U.S. 
Patent No. 5,407,914. The patent claims the human drug product, 
SURFAXIN[supreg] (lucinactant) and a method of using SURFAXIN[supreg] 
(lucinactant). The application indicates that a New Drug Application, 
NDA No. 21-746, for the human drug product SURFAXIN[supreg] 
(lucinactant) 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 
November 17, 2009, 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. 5,407,914 is granted for a period of one year from the 
original expiration date of the patent, i.e., until November 17, 2010.

    Dated: November 16, 2009.
David J. Kappos,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. E9-27903 Filed 11-19-09; 8:45 am]
BILLING CODE 3510-16-P