Grant of Interim Extension of the Term of U.S. Patent No. 5,407,914; SURFAXIN® (Lucinactant), 62766-62767 [2010-25768]

Download as PDF 62766 Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Notices antidumping duties of 58.90 percent, the weighted-average percentage dumping margin we found for Alpanil Industries in the most recently completed review. See Carbazole Violet Pigment 23 From India: Final Results of Antidumping Duty Administrative Review, 75 FR 38076 (July 1, 2010). Notification This notice serves as a reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.306. Timely written notification of the destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This notice is published in accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 351.216 and 19 CFR 351.221. Dated: October 6, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–25777 Filed 10–12–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–908] First Antidumping Duty Administrative Review of Sodium Hexametaphosphate From the People’s Republic of China: Extension of Time Limit for the Final Results Import Administration, International Trade Administration, Department of Commerce DATES: Effective Date: October 13, 2010. FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–0413. AGENCY: mstockstill on DSKH9S0YB1PROD with NOTICES Background On April 15, 2010 the Department of Commerce (‘‘Department’’) published the Preliminary Results of the first administrative review of sodium hexametaphosphate From the People’s Republic of China (‘‘PRC’’), covering the period September 14, 2007 through February 28, 2009. See First Administrative Review of Sodium Hexametaphosphate From the People’s VerDate Mar<15>2010 17:38 Oct 12, 2010 Jkt 223001 Republic of China: Notice of Preliminary Results of the Antidumping Duty Administrative Review, 75 FR 19613 (April 15, 2010) (‘‘Preliminary Results’’). On August 10, 2010 the Department extended the final results of review to October 5, 2010. See First Antidumping Duty Administrative Review of Sodium Hexametaphosphate From the People’s Republic of China: Extension of Time Limit for the Final Results, 75 FR 48309 (August 10, 2010). Extension of Time Limit for the Preliminary Results As noted in the August 10 extension notice, section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), requires the Department to issue the final results of an administrative review within 120 days after the date on which the Preliminary Results have been published. If it is not practicable to complete the review within the time period, section 751(a)(3)(A) of the Act allows the Department to extend this deadline to a maximum of 180 days. The Department determines that completion of the final results of this review by the current deadline is not practicable. The Department requires more time to analyze a significant amount of information pertaining to the respondent’s corporate structure and ownership, sales practices and manufacturing methods. Therefore, given the number and complexity of issues in this case, and in accordance with section 751(a)(3)(A) of the Act, we are extending the time period for issuing the final results of review until October 12, 2010. This notice is published pursuant to sections 751(1)(3)(A) and 777(i)(1) of the Act and 19 CFR 351.213(h)(2). Dated: October 5, 2010. Susan H. Kuhbach, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2010–25770 Filed 10–12–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE United States Patent and Trademark Office [Docket No. PTO–P–2010–0079] Grant of Interim Extension of the Term of U.S. Patent No. 5,407,914; SURFAXIN® (Lucinactant) United States Patent and Trademark Office. ACTION: Notice of Interim Patent Term Extension. AGENCY: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 The United States Patent and Trademark Office has issued an order granting interim extension under 35 U.S.C. 156(d)(5) for a second one-year interim extension of the term of U.S. Patent No. 5,407,914. SUMMARY: 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 September 22, 2010, 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 additional 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 an additional 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 extended expiration date of the patent, November 17, 2010, 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 additional year from the extended expiration date of the patent, i.e., until November 17, 2011. SUPPLEMENTARY INFORMATION: E:\FR\FM\13OCN1.SGM 13OCN1 Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Notices Dated: October 7, 2010. Robert W. Bahr, Acting Associate Commissioner for Patent Examination Policy, United States Patent and Trademark Office. [FR Doc. 2010–25768 Filed 10–12–10; 8:45 am] BILLING CODE 3510–16–P DEPARTMENT OF COMMERCE United States Patent and Trademark Office [Docket No. PTO–P–PTO–P–2010–0081] Grant of Interim Extension of the Term of U.S. Patent No. 4,919,140; AndaraTM OFSTM System United States Patent and Trademark Office. 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 third one-year interim extension of the term of U.S. Patent No. 4,919,140. 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. SUMMARY: 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 mstockstill on DSKH9S0YB1PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 17:22 Oct 12, 2010 Jkt 223001 interim periods of up to one year if the regulatory review is anticipated to extend beyond the expiration date of the patent. On September 13, 2010, the patent owner, Purdue Research Foundation, timely filed an application under 35 U.S.C. 156(d)(5) for a third interim extension of the term of U.S. Patent No. 4,919,140. The patent claims the medical device AndaraTM OFSTM System and a method of using the AndaraTM OFSTM System. The application indicates that a Humanitarian Device Exemption, HDE 070002, for the medical device AndaraTM OFSTM System 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 an additional 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 extended expiration date of the patent (October 14, 2010), interim extension of the patent term under 35 U.S.C. 156(d)(5) is appropriate. A third interim extension under 35 U.S.C. 156(d)(5) of the term of U.S. Patent No. 4,919,140 is granted for a period of one year from the extended expiration date of the patent, i.e., until October 14, 2011. Dated: October 7, 2010. Robert W. Bahr, Acting Associate Commissioner for Patent Examination Policy, United States Patent and Trademark Office. DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal Nos. 10–53, 10–54, 10–55, 10– 59, 10–60, 10–61, and 10–63] 36(b)(1) Arms Sales Notifications Defense Security Cooperation Agency, DoD. AGENCY: ACTION: Notice. The Department of Defense is publishing the unclassified text of seven section 36(b)(1) arms sales notifications to fulfill the requirements of section 155 of Public Law 104–164, dated 21 July 1996. SUMMARY: Ms. B. English, DSCA/DBO/CFM, (703) 601– 3740. FOR FURTHER INFORMATION CONTACT: The following are copies of letters to the Speaker of the House of Representatives, Transmittals 10–53, 10–54, 10–55, 10– 59, 10–60, 10–61, and 10–63 with associated attachments. SUPPLEMENTARY INFORMATION: Dated: October 6, 2010. Mitchell S. Bryman, Alternate OSD Federal Register Liaison Officer, Department of Defense. Transmittal No. 10–53 The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 10–53 with attached transmittal and policy justification. BILLING CODE 5001–06–P [FR Doc. 2010–25767 Filed 10–12–10; 8:45 am] BILLING CODE 3510–16–P PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 62767 E:\FR\FM\13OCN1.SGM 13OCN1

Agencies

[Federal Register Volume 75, Number 197 (Wednesday, October 13, 2010)]
[Notices]
[Pages 62766-62767]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25768]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

[Docket No. PTO-P-2010-0079]


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 second 
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 September 22, 2010, 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 additional 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 an additional 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 extended expiration 
date of the patent, November 17, 2010, 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 additional year 
from the extended expiration date of the patent, i.e., until November 
17, 2011.


[[Page 62767]]


    Dated: October 7, 2010.
Robert W. Bahr,
Acting Associate Commissioner for Patent Examination Policy, United 
States Patent and Trademark Office.
[FR Doc. 2010-25768 Filed 10-12-10; 8:45 am]
BILLING CODE 3510-16-P

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