80 FR 12982 - Grant of Interim Extension of the Term of U.S. Patent No. 5,610,059; Monovalent Lawsonia Intracellularis Bacterin Vaccine

DEPARTMENT OF COMMERCE
United States Patent and Trademark Office

Federal Register Volume 80, Issue 48 (March 12, 2015)

Page Range		12982-12982
FR Document		2015-05581

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. 5,610,059.

Federal Register, Volume 80 Issue 48 (Thursday, March 12, 2015)

[Federal Register Volume 80, Number 48 (Thursday, March 12, 2015)]
[Notices]
[Page 12982]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05581]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

[Docket No. PTO-P-2015-0009]


Grant of Interim Extension of the Term of U.S. Patent No. 
5,610,059; Monovalent Lawsonia Intracellularis Bacterin Vaccine

AGENCY: United States Patent and Trademark Office, Commerce.

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. 5,610,059.

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 email 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 January 15, 2015, the Arizona Board of Regents, on behalf of the 
University of Arizona, the patent owner of record, timely filed a 
second application under 35 U.S.C. 156(d)(5) for an interim extension 
of the term of U.S. Patent No. 5,610,059. The patent claims the 
veterinary biological product monovalent Lawsonia intracellularis 
bacterin vaccine. The original application indicates that Intervet, a 
licensee of the patent owner, submitted two Product License 
Applications (PLA) to the United States Department of Agriculture 
(USDA). In a letter dated April 12, 2011, USDA acknowledged receipt of 
the PLA for a multi-valent vaccine and assigned the vaccine product 
code 49L5.RO. In a letter dated December 22, 2011, USDA acknowledged 
receipt of a PLA for a monovalent vaccine of Lawsonia intracellularis 
bacterin and assigned the vaccine product code 2799.20.
    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 the regulatory review period will continue 
beyond the extended expiration date of the patent, March 11, 2015, 
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. 5,610,059 is granted for a period of one year from the 
extended expiration date of the patent.

    Dated: March 2, 2015.
Andrew Hirshfeld,
Deputy Commissioner for Patent Examination Policy, United States Patent 
and Trademark Office.
[FR Doc. 2015-05581 Filed 3-11-15; 8:45 am]
 BILLING CODE 3510-16-P

12982 Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Notices

alcohol, is a clear, water white to pale at weighted-average dumping margins a product, that has been subject to
yellow liquid. THFA is a member of the up to 136.86 percent. certain defined regulatory review, and
heterocyclic compounds known as that the patent may be extended for
Notification Regarding Administrative
furans and is miscible with water and interim periods of up to one year if the
Protective Orders
soluble in many common organic regulatory review is anticipated to
solvents. THFA is currently classifiable This notice also serves as the only extend beyond the expiration date of the
in the Harmonized Tariff Schedules of reminder to parties subject to patent.
the United States (‘‘HTSUS’’) under administrative protective orders
subheading 2932.13.00.00. Although the (‘‘APO’’) of their responsibility On January 15, 2015, the Arizona
HTSUS subheadings are provided for concerning the return or destruction of Board of Regents, on behalf of the
convenience and for customs purposes, proprietary information disclosed under University of Arizona, the patent owner
the Department’s written description of APO in accordance with 19 CFR of record, timely filed a second
the merchandise subject to the order is 351.305. Timely notification of the application under 35 U.S.C. 156(d)(5)
dispositive. return or destruction of APO materials for an interim extension of the term of
or conversion to judicial protective U.S. Patent No. 5,610,059. The patent
Analysis of Comments Received order is hereby requested. Failure to claims the veterinary biological product
A complete discussion of all issues comply with the regulations and terms monovalent Lawsonia intracellularis
raised in this sunset review is provided of an APO is a violation which is subject bacterin vaccine. The original
in the accompanying Issues and to sanction. application indicates that Intervet, a
Decision Memorandum, which is hereby We are issuing and publishing the licensee of the patent owner, submitted
adopted by this notice.4 The issues results and notice in accordance with two Product License Applications (PLA)
discussed in the Issues and Decision sections 751(c), 752(c), and 777(i)(1) of to the United States Department of
Memorandum include the likelihood of the Act and 19 CFR 351.218. Agriculture (USDA). In a letter dated
continuation or recurrence of dumping Dated: March 3, 2015. April 12, 2011, USDA acknowledged
and the magnitude of the margins of Paul Piquado, receipt of the PLA for a multi-valent
dumping likely to prevail if the order vaccine and assigned the vaccine
Assistant Secretary for Enforcement and
were revoked. The Issues and Decision Compliance. product code 49L5.RO. In a letter dated
Memorandum is a public document and December 22, 2011, USDA
[FR Doc. 2015–05713 Filed 3–11–15; 8:45 am]
is on file electronically via Enforcement
BILLING CODE 3510–DS–P acknowledged receipt of a PLA for a
and Compliance’s Antidumping and
monovalent vaccine of Lawsonia
Countervailing Duty Centralized
Electronic Service System (‘‘ACCESS’’).5 intracellularis bacterin and assigned the
DEPARTMENT OF COMMERCE vaccine product code 2799.20.
ACCESS is available to registered users
at http://access.trade.gov and to all United States Patent and Trademark Review of the application indicates
parties in the Central Records Unit, Office that, except for permission to market or
Room 7046 of the main Department of use the product commercially, the
Commerce building. In addition, a [Docket No. PTO–P–2015–0009]
subject patent would be eligible for an
complete version of the Issues and Grant of Interim Extension of the Term extension of the patent term under 35
Decision Memorandum can be accessed of U.S. Patent No. 5,610,059; U.S.C. 156, and that the patent should
at http://enforcement.trade.gov/frn/. Monovalent Lawsonia Intracellularis be extended for one year as required by
The signed Issues and Decision Bacterin Vaccine 35 U.S.C. 156(d)(5)(B). Because the
Memorandum and the electronic regulatory review period will continue
version of the Issues and Decision AGENCY: United States Patent and beyond the extended expiration date of
Memorandum are identical in content. Trademark Office, Commerce. the patent, March 11, 2015, interim
Final Results of the Sunset Review ACTION: Notice of Interim Patent Term extension of the patent term under 35
Extension. U.S.C. 156(d)(5) is appropriate.
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, the SUMMARY: The United States Patent and An interim extension under 35 U.S.C.
Department determines that revocation Trademark Office has issued an order 156(d)(5) of the term of U.S. Patent No.
of the Order would be likely to lead to granting interim extension under 35 5,610,059 is granted for a period of one
continuation or recurrence of dumping U.S.C. 156(d)(5) for a one-year interim year from the extended expiration date
extension of the term of U.S. Patent No. of the patent.
4 See the Department’s memorandum from 5,610,059. Dated: March 2, 2015.
Christian Marsh, Deputy Assistant Secretary for FOR FURTHER INFORMATION CONTACT:
Antidumping and Countervailing Duty Operations, Andrew Hirshfeld,
to Paul Piquado, Assistant Secretary for Mary C. Till by telephone at (571) 272–
Deputy Commissioner for Patent Examination
Enforcement and Compliance, entitled, ‘‘Issues and 7755; by mail marked to her attention Policy, United States Patent and Trademark
Decision Memorandum for the Final Results of the and addressed to the Commissioner for Office.
Expedited Second Sunset Review of the Patents, Mail Stop Hatch-Waxman PTE,
Antidumping Duty Order on Tetrahydrofurfuryl [FR Doc. 2015–05581 Filed 3–11–15; 8:45 am]
Alcohol From the People’s Republic of China,’’ P.O. Box 1450, Alexandria, VA 22313–
BILLING CODE 3510–16–P
dated concurrently with this notice. 1450; by fax marked to her attention at
asabaliauskas on DSK5VPTVN1PROD with NOTICES

5 On November 24, 2014, Enforcement and (571) 273–7755; or by email to
Compliance changed the name of Enforcement and Mary.Till@uspto.gov.
Compliance’s AD and CVD Centralized Electronic
Service System (‘‘IA ACCESS’’) to AD and CVD SUPPLEMENTARY INFORMATION: Section
Centralized Electronic Service System (‘‘ACCESS’’). 156 of Title 35, United States Code,
The Web site location was changed from http:// generally provides that the term of a
iaaccess.trade.gov to http://access.trade.gov. The
Final Rule changing the references to the
patent may be extended for a period of
Regulations can be found at 79 FR 69046 up to five years if the patent claims a
(November 20, 2014). product, or a method of making or using

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Document Created: 2018-02-21 09:36:14
Document Modified: 2018-02-21 09:36:14

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of Interim Patent Term Extension.
Contact		Mary C. Till by telephone at (571)
FR Citation		80 FR 12982

80 FR 12982 - Grant of Interim Extension of the Term of U.S. Patent No. 5,610,059; Monovalent Lawsonia Intracellularis Bacterin Vaccine

DEPARTMENT OF COMMERCEUnited States Patent and Trademark Office

Federal Register Volume 80, Issue 48 (March 12, 2015)

DEPARTMENT OF COMMERCE
United States Patent and Trademark Office