National Institute of Environmental Health Sciences; Notice of Closed Meetings, 6869-6870 [2018-03110]
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Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Notices
USPTO requested that FDA determine
the product’s regulatory review period.
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SUPPLEMENTARY INFORMATION:
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I. Background
The Drug Price Competition and
Patent Term Restoration Act of 1984
(Pub. L. 98–417) and the Generic
Animal Drug and Patent Term
Restoration Act (Pub. L. 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, 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 human drug
products, the testing phase begins when
the exemption to permit the clinical
investigations of the drug becomes
effective and runs until the approval
phase begins. The approval phase starts
with the initial submission of an
application to market the human drug
product and continues until FDA grants
permission to market the drug product.
Although only a portion of a regulatory
review period may count toward the
actual amount of extension that the
Director of USPTO may award (for
example, 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 human drug product will include all
of the testing phase and approval phase
as specified in 35 U.S.C. 156(g)(1)(B).
FDA has approved for marketing the
human drug product ORKAMBI
(lumacaftor and ivacaftor). ORKAMBI is
indicated for the treatment of cystic
fibrosis (CF) in patients age 12 years and
older who are homozygous for the
F508del mutation in the CFTR gene.
Subsequent to this approval, the USPTO
received patent term restoration
applications for ORKAMBI (U.S. Patent
Nos. 8,653,103; 8,741,933; and
8,846,718) from Vertex Pharmaceuticals
Inc., and the USPTO requested FDA’s
assistance in determining the patents’
eligibility for patent term restoration. In
a letter dated July 12, 2016, FDA
advised the USPTO that this human
drug product had undergone a
regulatory review period and that the
approval of ORKAMBI represented the
first permitted commercial marketing or
use of the product. Thereafter, the
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II. Determination of Regulatory Review
Period
FDA has determined that the
applicable regulatory review period for
ORKAMBI is 2,785 days. Of this time,
2,545 days occurred during the testing
phase of the regulatory review period,
while 240 days occurred during the
approval phase. These periods of time
were derived from the following dates:
1. The date an exemption under
section 505(i) of the Federal Food, Drug,
and Cosmetic Act (the FD&C Act) (21
U.S.C. 355(i)) became effective:
November 18, 2007. FDA has verified
the applicant’s claim that November 18,
2007, is the date the investigational new
drug application (IND) became effective.
2. The date the application was
initially submitted with respect to the
human drug product under section
505(b) of the FD&C Act: November 5,
2014. FDA has verified the applicant’s
claim that the new drug application
(NDA) for ORKAMBI (NDA 206038) was
initially submitted on November 5,
2014.
3. The date the application was
approved: July 2, 2015. FDA has verified
the applicant’s claim that NDA 206038
was approved on July 2, 2015.
This determination of the regulatory
review period establishes the maximum
potential length of a patent extension.
However, the USPTO applies several
statutory limitations in its calculations
of the actual period for patent extension.
In its applications for patent extension,
this applicant seeks 210 or 317 days of
patent term extension.
III. Petitions
Anyone with knowledge that any of
the dates as published are incorrect may
submit either electronic or written
comments and, under 21 CFR 60.24, ask
for a redetermination (see DATES).
Furthermore, as specified in § 60.30 (21
CFR 60.30), any interested person may
petition FDA for a determination
regarding whether the applicant for
extension acted with due diligence
during the regulatory review period. To
meet its burden, the petition must
comply with all the requirements of
§ 60.30, including but not limited to:
Must be timely (see DATES), must be
filed in accordance with § 10.20, must
contain sufficient facts to merit an FDA
investigation, and must certify that a
true and complete copy of the petition
has been served upon the patent
applicant. (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.
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Submit petitions electronically to
https://www.regulations.gov at Docket
No. FDA–2013–S–0610. Submit written
petitions (two copies are required) to the
Dockets Management Staff (HFA–305),
Food and Drug Administration, 5630
Fishers Lane, Rm. 1061, Rockville, MD
20852.
Dated: February 9, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018–03127 Filed 2–14–18; 8:45 am]
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
National Institute of Environmental
Health Sciences; Notice of Closed
Meetings
Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended, notice is hereby given of the
following meetings.
The meetings will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: National Institute of
Environmental Health Sciences Special
Emphasis Panel; K99/R00 Career
Development in Environmental Research.
Date: March 1, 2018.
Time: 8:00 a.m. to 5:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: National Institute of Environmental
Health Sciences, Keystone Building, 530
Davis Drive, Research Triangle Park, NC
27709 (Virtual Meeting).
Contact Person: Laura A. Thomas, Ph.D.,
Scientific Review Officer, Scientific Review
Branch, Division of Extramural Research and
Training, National Institute of Environmental
Health Sciences, Research Triangle Park, NC
27709 919–541–2824, laura.thomas@nih.gov.
Name of Committee: National Institute of
Environmental Health Sciences Special
Emphasis Panel; Evaluation of U01 Grant
Applications: DNA Repair Capacity (DRC)
Assay Measures in Population-Based Studies.
Date: March 6, 2018.
Time: 8:30 a.m. to 3:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: Fairfield Inn & Suites Durham
Southpoint, 7807 Leonardo Drive, Durham,
NC 27713.
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Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Notices
Contact Person: Leroy Worth, Ph.D.,
Scientific Review Officer, Scientific Review
Branch, Division of Extramural Research and
Training, Nat. Institute of Environmental
Health Sciences, P.O. Box 12233, MD EC–30/
Room 3171, Research Triangle Park, NC
27709, (919) 541–0670, worth@niehs.nih.gov.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.115, Biometry and Risk
Estimation—Health Risks from
Environmental Exposures; 93.142, NIEHS
Hazardous Waste Worker Health and Safety
Training; 93.143, NIEHS Superfund
Hazardous Substances—Basic Research and
Education; 93.894, Resources and Manpower
Development in the Environmental Health
Sciences; 93.113, Biological Response to
Environmental Health Hazards; 93.114,
Applied Toxicological Research and Testing,
National Institutes of Health, HHS)
Dated: February 9, 2018.
Natasha M. Copeland,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2018–03110 Filed 2–14–18; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
Center for Scientific Review; Notice of
Closed Meetings
sradovich on DSK3GMQ082PROD with NOTICES
Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended, notice is hereby given of the
following meetings.
The meetings will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: Center for Scientific
Review Special Emphasis Panel Training in
Comparative and Veterinary Medicine.
Date: March 8, 2018.
Time: 11:00 a.m. to 4:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: National Institutes of Health, 6701
Rockledge Drive, Bethesda, MD 20892,
(Telephone Conference Call).
Contact Person: Alexander Gubin, Ph.D.,
Scientific Review Officer, Center for
Scientific Review, National Institutes of
Health, 6701 Rockledge Drive, Room 6046B,
MSC 7892, Bethesda, MD 20892, 301–408–
9655, gubina@csr.nih.gov.
Name of Committee: Center for Scientific
Review Special Emphasis Panel PAR Panel:
Perception and Cognition Research to Inform
Cancer Image Interpretation.
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Date: March 9, 2018.
Time: 8:00 a.m. to 5:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: National Institutes of Health, 6701
Rockledge Drive, Bethesda, MD 20892,
(Virtual Meeting).
Contact Person: Maribeth Champoux,
Ph.D., Scientific Review Officer, Center for
Scientific Review, National Institutes of
Health, 6701 Rockledge Drive, Room 3170,
MSC 7848, Bethesda, MD 20892, 301–594–
3163, champoum@csr.nih.gov.
Name of Committee: Center for Scientific
Review Special Emphasis Panel PAR–17–
144: Limited Competition: National Primate
Research Centers (P51).
Date: March 11–14, 2018.
Time: 8:00 a.m. to 5:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: Bourbon Orleans Hotel, 717 Orleans
Street, New Orleans, LA 70116.
Contact Person: Biao Tian, Ph.D., Scientific
Review Officer, Center for Scientific Review,
National Institutes of Health, 6701 Rockledge
Drive, Room 3089B, MSC 7848, Bethesda,
MD 20892, (301) 402–4411, tianbi@
csr.nih.gov.
Name of Committee: Center for Scientific
Review Special Emphasis Panel Small
Business: Cancer Diagnostics and
Treatments.
Date: March 12–13, 2018.
Time: 8:00 a.m. to 5:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: Embassy Suites at the Chevy Chase
Pavilion, 4300 Military Road, NW,
Washington, DC 20015.
Contact Person: Zhang-Zhi Hu, MD,
Scientific Review Officer, Center for
Scientific Review, National Institutes of
Health, 6701 Rockledge Drive, Room 6186,
MSC 7804, Bethesda, MD 20892, (301) 437–
8135, huzhuang@csr.nih.gov.
Name of Committee: AIDS and Related
Research Integrated Review Group AIDS
Clinical Studies and Epidemiology Study
Section.
Date: March 13–14, 2018.
Time: 8:00 a.m. to 6:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: Hotel Zoe, 425 North Point, San
Francisco, CA 94133.
Contact Person: Dimitrios Nikolaos
Vatakis, Ph.D., Scientific Review Officer,
Center for Scientific Review, National
Institutes of Health, 6701 Rockledge Drive,
Room 3190, Bethesda, MD 20892, 301–827–
7480, dimitrios.vatakis@nih.gov.
Name of Committee: Center for Scientific
Review Special Emphasis Panel Small
Business: HIV/AIDS Innovative Research
Applications.
Date: March 13, 2018.
Time: 3:00 p.m. to 5:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: Hotel Nikko San Francisco, 222
Mason Street, San Francisco, CA 94102.
Contact Person: Mark P Rubert, Ph.D.,
Scientific Review Officer, Center for
Scientific Review, National Institutes of
PO 00000
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Health, 6701 Rockledge Drive, Room 5218,
MSC 7852, Bethesda, MD 20892, 301–435–
1775, rubertm@csr.nih.gov.
Name of Committee: Center for Scientific
Review Special Emphasis Panel Member
Conflict: Child Psychopathology and
Developmental Disorders.
Date: March 13, 2018.
Time: 12:00 p.m. to 3:30 p.m.
Agenda: To review and evaluate grant
applications.
Place: National Institutes of Health, 6701
Rockledge Drive, Bethesda, MD 20892,
(Telephone Conference Call).
Contact Person: Serena Chu, Ph.D.,
Scientific Review Officer, BBBP IRG, Center
for Scientific Review, National Institutes of
Health, 6701 Rockledge Drive, Room 3178,
MSC 7848, Bethesda, MD 20892, 301–500–
5829, sechu@csr.nih.gov.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.306, Comparative Medicine;
93.333, Clinical Research, 93.306, 93.333,
93.337, 93.393–93.396, 93.837–93.844,
93.846–93.878, 93.892, 93.893, National
Institutes of Health, HHS)
Dated: February 9, 2018.
Sylvia L. Neal,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2018–03108 Filed 2–14–18; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
National Institute of Allergy and
Infectious Diseases; Notice of Closed
Meetings
Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended, notice is hereby given of the
following meetings.
The meetings will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: National Institute of
Allergy and Infectious Diseases Special
Emphasis Panel PHS 2018–1: Small Business
Innovation Research (SBIR) Program Contract
Solicitation (Topic 57).
Date: March 1, 2018.
Time: 11:00 a.m. to 5:00 p.m.
Agenda: To review and evaluate contract
proposals.
Place: National Institutes of Health, 5601
Fishers Lane, Rockville, MD 20892
(Telephone Conference Call).
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Agencies
[Federal Register Volume 83, Number 32 (Thursday, February 15, 2018)]
[Notices]
[Pages 6869-6870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03110]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
National Institute of Environmental Health Sciences; Notice of
Closed Meetings
Pursuant to section 10(d) of the Federal Advisory Committee Act, as
amended, notice is hereby given of the following meetings.
The meetings will be closed to the public in accordance with the
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5
U.S.C., as amended. The grant applications and the discussions could
disclose confidential trade secrets or commercial property such as
patentable material, and personal information concerning individuals
associated with the grant applications, the disclosure of which would
constitute a clearly unwarranted invasion of personal privacy.
Name of Committee: National Institute of Environmental Health
Sciences Special Emphasis Panel; K99/R00 Career Development in
Environmental Research.
Date: March 1, 2018.
Time: 8:00 a.m. to 5:00 p.m.
Agenda: To review and evaluate grant applications.
Place: National Institute of Environmental Health Sciences,
Keystone Building, 530 Davis Drive, Research Triangle Park, NC 27709
(Virtual Meeting).
Contact Person: Laura A. Thomas, Ph.D., Scientific Review
Officer, Scientific Review Branch, Division of Extramural Research
and Training, National Institute of Environmental Health Sciences,
Research Triangle Park, NC 27709 919-541-2824, [email protected].
Name of Committee: National Institute of Environmental Health
Sciences Special Emphasis Panel; Evaluation of U01 Grant
Applications: DNA Repair Capacity (DRC) Assay Measures in
Population-Based Studies.
Date: March 6, 2018.
Time: 8:30 a.m. to 3:00 p.m.
Agenda: To review and evaluate grant applications.
Place: Fairfield Inn & Suites Durham Southpoint, 7807 Leonardo
Drive, Durham, NC 27713.
[[Page 6870]]
Contact Person: Leroy Worth, Ph.D., Scientific Review Officer,
Scientific Review Branch, Division of Extramural Research and
Training, Nat. Institute of Environmental Health Sciences, P.O. Box
12233, MD EC-30/Room 3171, Research Triangle Park, NC 27709, (919)
541-0670, [email protected].
(Catalogue of Federal Domestic Assistance Program Nos. 93.115,
Biometry and Risk Estimation--Health Risks from Environmental
Exposures; 93.142, NIEHS Hazardous Waste Worker Health and Safety
Training; 93.143, NIEHS Superfund Hazardous Substances--Basic
Research and Education; 93.894, Resources and Manpower Development
in the Environmental Health Sciences; 93.113, Biological Response to
Environmental Health Hazards; 93.114, Applied Toxicological Research
and Testing, National Institutes of Health, HHS)
Dated: February 9, 2018.
Natasha M. Copeland,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2018-03110 Filed 2-14-18; 8:45 am]
BILLING CODE 4140-01-P