82_FR_41441 82 FR 41274 - Determination of Regulatory Review Period for Purposes of Patent Extension; KENGREAL

82 FR 41274 - Determination of Regulatory Review Period for Purposes of Patent Extension; KENGREAL

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 167 (August 30, 2017)

Page Range41274-41276
FR Document2017-18380

The Food and Drug Administration (FDA or the Agency) has determined the regulatory review period for KENGREAL and is publishing this notice of that determination as required by law. FDA has made the determination because of the submission of applications to the Director of the U.S. Patent and Trademark Office (USPTO), Department of Commerce, for the extension of a patent which claims that human drug product.

Federal Register, Volume 82 Issue 167 (Wednesday, August 30, 2017)
[Federal Register Volume 82, Number 167 (Wednesday, August 30, 2017)]
[Notices]
[Pages 41274-41276]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18380]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2016-E-1283; FDA-2016-E-1291]


Determination of Regulatory Review Period for Purposes of Patent 
Extension; KENGREAL

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or the Agency) has 
determined the regulatory review period for KENGREAL and is publishing 
this notice of that determination as required by law. FDA has made the 
determination because of the submission of applications to the Director 
of the U.S. Patent and Trademark Office (USPTO), Department of 
Commerce, for the extension of a patent which claims that human drug 
product.

DATES: Anyone with knowledge that any of the dates as published (in the 
SUPPLEMENTARY INFORMATION section) are incorrect may submit either 
electronic or written comments and ask for a redetermination by October 
30, 2017. Furthermore, any interested person may petition FDA for a 
determination regarding whether the applicant for extension acted with 
due diligence during the regulatory review period by February 26, 2018. 
See ``Petitions'' in the SUPPLEMENTARY INFORMATION section for more 
information.

ADDRESSES: You may submit comments as follows. Please note that late, 
untimely filed comments will not be considered. Electronic comments 
must be submitted on or before October 30, 2017. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of October 30, 2017. Comments received 
by mail/hand delivery/courier (for written/paper submissions) will be 
considered timely if they are postmarked or the delivery service 
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:

[[Page 41275]]

     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket Nos. 
FDA-2016-E-1283 and FDA-2016-E-1291 for ''Determination of Regulatory 
Review Period for Purposes of Patent Extension; KENGREAL.'' Received 
comments, those filed in a timely manner (see ADDRESSES), will be 
placed in the docket and, except for those submitted as ``Confidential 
Submissions,'' publicly viewable at https://www.regulations.gov or at 
the Dockets Management Staff Office between 9 a.m. and 4 p.m., Monday 
through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on https://www.regulations.gov. 
Submit both copies to the Dockets Management Staff Office. If you do 
not wish your name and contact information to be made publicly 
available, you can provide this information on the cover sheet and not 
in the body of your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Dockets Management Staff Office, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory 
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 
51, Rm. 6250, Silver Spring, MD 20993, 301-796-3600.

SUPPLEMENTARY INFORMATION: 

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 KENGREAL 
(cangrelor tetrasodium). KENGREAL is indicated as an adjunct to 
percutaneous coronary intervention for reducing the risk of 
periprocedural myocardial infarction, repeat coronary 
revascularization, and stent thrombosis in patients who have not been 
treated with a P2Y12 platelet inhibitor and are not being 
given a glycoprotein IIb/IIIa inhibitor. Subsequent to this approval, 
the USPTO received patent term restoration applications for KENGREAL 
(U.S. Patent Nos. 6,114,313 and 6,130,208) from AstraZeneca UK Limited, 
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 KENGREAL 
represented the first permitted commercial marketing or use of the 
product. Thereafter, the USPTO requested that FDA determine the 
product's regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for 
KENGREAL is 6,122 days. Of this time, 5,338 days occurred during the 
testing phase of the regulatory review period, while 784 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: September 19, 1998. The applicant claims August 20, 1998, as 
the date the investigational new drug application (IND) became 
effective. However, FDA records indicate that the IND effective date 
was September 19, 1998, which

[[Page 41276]]

was 30 days after FDA receipt of the IND.
    2. The date the application was initially submitted with respect to 
the human drug product under section 505(b) of the FD&C Act: April 30, 
2013. FDA has verified the applicant's claim that the new drug 
application (NDA) for KENGREAL (NDA 204958) was initially submitted on 
April 30, 2013.
    3. The date the application was approved: June 22, 2015. FDA has 
verified the applicant's claim that NDA 204958 was approved on June 22, 
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 application for patent extension, 
this applicant seeks 5 years 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 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 21 CFR 60.30, 
including but not limited to: Must be timely (see DATES), must be filed 
in accordance with 21 CFR 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.
    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: August 24, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-18380 Filed 8-29-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                  41274                      Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Notices

                                                  mg, and 1.25 mg, were not withdrawn                     on March 24, 1999. CENESTIN is                          Dated: August 24, 2017.
                                                  from sale for reasons of safety or                      indicated for treatment of moderate to                Anna K. Abram,
                                                  effectiveness. This determination will                  severe vasomotor symptoms due to                      Deputy Commissioner for Policy, Planning,
                                                  allow FDA to approve abbreviated new                    menopause and treatment of moderate                   Legislation, and Analysis.
                                                  drug applications (ANDAs) for these                     to severe symptoms of vulvar and                      [FR Doc. 2017–18376 Filed 8–29–17; 8:45 am]
                                                  products, if all other legal and                        vaginal atrophy due to menopause.                     BILLING CODE 4164–01–P
                                                  regulatory requirements are met.                           In 2016, Teva notified FDA that
                                                  FOR FURTHER INFORMATION CONTACT:                        CENESTIN (estrogens, conjugated
                                                  Bronwen Blass, Center for Drug                          synthetic A) Tablets, 0.3 mg, 0.45 mg,                DEPARTMENT OF HEALTH AND
                                                  Evaluation and Research, Food and                       0.625 mg, 0.9 mg, and 1.25 mg, were                   HUMAN SERVICES
                                                  Drug Administration, 10903 New                          being discontinued, and FDA moved the
                                                  Hampshire Ave. Bldg. 51, Rm. 6228,                      drug product to the ‘‘Discontinued Drug               Food and Drug Administration
                                                  Silver Spring, MD 20993–0002, 301–                      Product List’’ section of the Orange                  [Docket Nos. FDA–2016–E–1283; FDA–
                                                  796–5092.                                               Book.                                                 2016–E–1291]
                                                                                                             Foley & Lardner submitted a citizen
                                                  SUPPLEMENTARY INFORMATION: In 1984,
                                                                                                          petition dated March 8, 2017 (Docket                  Determination of Regulatory Review
                                                  Congress enacted the Drug Price                         No. FDA–2017–P–1461), under 21 CFR                    Period for Purposes of Patent
                                                  Competition and Patent Term                             10.30, requesting that the Agency                     Extension; KENGREAL
                                                  Restoration Act of 1984 (Pub. L. 98–417)                determine whether CENESTIN
                                                  (the 1984 amendments), which                            (estrogens, conjugated synthetic A)                   AGENCY:    Food and Drug Administration,
                                                  authorized the approval of duplicate                    Tablets, 0.3 mg, 0.45 mg, 0.625 mg, 0.9               HHS.
                                                  versions of drug products under an                      mg, and 1.25 mg, were withdrawn from                  ACTION:   Notice.
                                                  ANDA procedure. ANDA applicants                         sale for reasons of safety or
                                                  must, with certain exceptions, show that                                                                      SUMMARY:    The Food and Drug
                                                                                                          effectiveness.                                        Administration (FDA or the Agency) has
                                                  the drug for which they are seeking                        After considering the citizen and
                                                  approval contains the same active                                                                             determined the regulatory review period
                                                                                                          reviewing Agency records and based on
                                                  ingredient in the same strength and                                                                           for KENGREAL and is publishing this
                                                                                                          the information we have at this time,
                                                  dosage form as the ‘‘listed drug,’’ which                                                                     notice of that determination as required
                                                                                                          FDA has determined under § 314.161
                                                  is a version of the drug that was                                                                             by law. FDA has made the
                                                                                                          that CENESTIN (estrogens, conjugated
                                                  previously approved. ANDA applicants                                                                          determination because of the
                                                                                                          synthetic A) Tablets, 0.3 mg, 0.45 mg,
                                                  do not have to repeat the extensive                                                                           submission of applications to the
                                                                                                          0.625 mg, 0.9 mg, and 1.25 mg, were not
                                                  clinical testing otherwise necessary to                                                                       Director of the U.S. Patent and
                                                                                                          withdrawn for reasons of safety or
                                                  gain approval of a new drug application                                                                       Trademark Office (USPTO), Department
                                                                                                          effectiveness. The petitioner has
                                                  (NDA).                                                                                                        of Commerce, for the extension of a
                                                                                                          identified no data or other information
                                                     The 1984 amendments include what                                                                           patent which claims that human drug
                                                                                                          suggesting that these products were
                                                  is now section 505(j)(7) of the Federal                                                                       product.
                                                                                                          withdrawn for reasons of safety or
                                                  Food, Drug, and Cosmetic Act (21 U.S.C.                 effectiveness. We have carefully                      DATES: Anyone with knowledge that any
                                                  355(j)(7)), which requires FDA to                       reviewed our files for records                        of the dates as published (in the
                                                  publish a list of all approved drugs.                   concerning the withdrawal of these                    SUPPLEMENTARY INFORMATION section) are
                                                  FDA publishes this list as part of the                  products from sale. We have also                      incorrect may submit either electronic
                                                  ‘‘Approved Drug Products With                           independently evaluated relevant                      or written comments and ask for a
                                                  Therapeutic Equivalence Evaluations,’’                  literature and data for possible                      redetermination by October 30, 2017.
                                                  which is known generally as the                         postmarketing adverse events. We have                 Furthermore, any interested person may
                                                  ‘‘Orange Book.’’ Under FDA regulations,                 found no information that would                       petition FDA for a determination
                                                  drugs are removed from the list if the                  indicate that these drug products were                regarding whether the applicant for
                                                  Agency withdraws or suspends                            withdrawn from sale for reasons of                    extension acted with due diligence
                                                  approval of the drug’s NDA or ANDA                      safety or effectiveness.                              during the regulatory review period by
                                                  for reasons of safety or effectiveness or                  Accordingly, the Agency will                       February 26, 2018. See ‘‘Petitions’’ in
                                                  if FDA determines that the listed drug                  continue to list CENESTIN (estrogens,                 the SUPPLEMENTARY INFORMATION section
                                                  was withdrawn from sale for reasons of                  conjugated synthetic A) Tablets, 0.3 mg,              for more information.
                                                  safety or effectiveness (21 CFR 314.162).               0.45 mg, 0.625 mg, 0.9 mg, and 1.25 mg,               ADDRESSES: You may submit comments
                                                     A person may petition the Agency to                  in the ‘‘Discontinued Drug Product List’’             as follows. Please note that late,
                                                  determine, or the Agency may                            section of the Orange Book. The                       untimely filed comments will not be
                                                  determine on its own initiative, whether                ‘‘Discontinued Drug Product List’’                    considered. Electronic comments must
                                                  a listed drug was withdrawn from sale                   delineates, among other items, drug                   be submitted on or before October 30,
                                                  for reasons of safety or effectiveness.                 products that have been discontinued                  2017. The https://www.regulations.gov
                                                  This determination may be made at any                   from marketing for reasons other than                 electronic filing system will accept
                                                  time after the drug has been withdrawn                  safety or effectiveness. ANDAs that refer             comments until midnight Eastern Time
                                                  from sale, but must be made prior to                    to CENESTIN (estrogens, conjugated                    at the end of October 30, 2017.
                                                  approving an ANDA that refers to the                    synthetic A) Tablets, 0.3 mg, 0.45 mg,                Comments received by mail/hand
                                                  listed drug (§ 314.161 (21 CFR 314.161)).               0.625 mg, 0.9 mg, and 1.25 mg, may be                 delivery/courier (for written/paper
                                                  FDA may not approve an ANDA that                        approved by the Agency as long as they                submissions) will be considered timely
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                                                  does not refer to a listed drug.                        meet all other legal and regulatory                   if they are postmarked or the delivery
                                                     CENESTIN (estrogens, conjugated                      requirements for the approval of                      service acceptance receipt is on or
                                                  synthetic A) Tablets, 0.3 mg, 0.45 mg,                  ANDAs. If FDA determines that labeling                before that date.
                                                  0.625 mg, 0.9 mg, and 1.25 mg, is the                   for this drug product should be revised
                                                  subject of NDA 020992, held by Teva                     to meet current standards, the Agency                 Electronic Submissions
                                                  Branded Pharmaceutical Products R&D,                    will advise ANDA applicants to submit                   Submit electronic comments in the
                                                  Inc. (Teva), and was initially approved                 such labeling.                                        following way:


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                                                                             Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Notices                                          41275

                                                    • Federal eRulemaking Portal:                         CONFIDENTIAL INFORMATION.’’ The                       investigations of the drug becomes
                                                  https://www.regulations.gov. Follow the                 Agency will review this copy, including               effective and runs until the approval
                                                  instructions for submitting comments.                   the claimed confidential information, in              phase begins. The approval phase starts
                                                  Comments submitted electronically,                      its consideration of comments. The                    with the initial submission of an
                                                  including attachments, to https://                      second copy, which will have the                      application to market the human drug
                                                  www.regulations.gov will be posted to                   claimed confidential information                      product and continues until FDA grants
                                                  the docket unchanged. Because your                      redacted/blacked out, will be available               permission to market the drug product.
                                                  comment will be made public, you are                    for public viewing and posted on                      Although only a portion of a regulatory
                                                  solely responsible for ensuring that your               https://www.regulations.gov. Submit                   review period may count toward the
                                                  comment does not include any                            both copies to the Dockets Management                 actual amount of extension that the
                                                  confidential information that you or a                  Staff Office. If you do not wish your                 Director of USPTO may award (for
                                                  third party may not wish to be posted,                  name and contact information to be                    example, half the testing phase must be
                                                  such as medical information, your or                    made publicly available, you can                      subtracted as well as any time that may
                                                  anyone else’s Social Security number, or                provide this information on the cover                 have occurred before the patent was
                                                  confidential business information, such                 sheet and not in the body of your                     issued), FDA’s determination of the
                                                  as a manufacturing process. Please note                 comments and you must identify this                   length of a regulatory review period for
                                                  that if you include your name, contact                  information as ‘‘confidential.’’ Any                  a human drug product will include all
                                                  information, or other information that                  information marked as ‘‘confidential’’                of the testing phase and approval phase
                                                  identifies you in the body of your                      will not be disclosed except in                       as specified in 35 U.S.C. 156(g)(1)(B).
                                                  comments, that information will be                      accordance with 21 CFR 10.20 and other                   FDA has approved for marketing the
                                                  posted on https://www.regulations.gov.                  applicable disclosure law. For more                   human drug product KENGREAL
                                                    • If you want to submit a comment                     information about FDA’s posting of                    (cangrelor tetrasodium). KENGREAL is
                                                  with confidential information that you                  comments to public dockets, see 80 FR                 indicated as an adjunct to percutaneous
                                                  do not wish to be made available to the                 56469, September 18, 2015, or access                  coronary intervention for reducing the
                                                  public, submit the comment as a                         the information at: https://www.gpo.gov/              risk of periprocedural myocardial
                                                  written/paper submission and in the                     fdsys/pkg/FR-2015-09-18/pdf/2015-                     infarction, repeat coronary
                                                  manner detailed (see ‘‘Written/Paper                    23389.pdf.                                            revascularization, and stent thrombosis
                                                  Submissions’’ and ‘‘Instructions’’).                       Docket: For access to the docket to                in patients who have not been treated
                                                  Written/Paper Submissions                               read background documents or the                      with a P2Y12 platelet inhibitor and are
                                                                                                          electronic and written/paper comments                 not being given a glycoprotein IIb/IIIa
                                                     Submit written/paper submissions as
                                                                                                          received, go to https://                              inhibitor. Subsequent to this approval,
                                                  follows:
                                                                                                          www.regulations.gov and insert the                    the USPTO received patent term
                                                     • Mail/Hand delivery/Courier (for
                                                                                                          docket number, found in brackets in the               restoration applications for KENGREAL
                                                  written/paper submissions): Dockets
                                                                                                          heading of this document, into the                    (U.S. Patent Nos. 6,114,313 and
                                                  Management Staff (HFA–305), Food and
                                                                                                          ‘‘Search’’ box and follow the prompts                 6,130,208) from AstraZeneca UK
                                                  Drug Administration, 5630 Fishers
                                                                                                          and/or go to the Dockets Management                   Limited, and the USPTO requested
                                                  Lane, Rm. 1061, Rockville, MD 20852.
                                                     • For written/paper comments                         Staff Office, 5630 Fishers Lane, Rm.                  FDA’s assistance in determining the
                                                  submitted to the Dockets Management                     1061, Rockville, MD 20852.                            patents’ eligibility for patent term
                                                  Staff, FDA will post your comment, as                   FOR FURTHER INFORMATION CONTACT:                      restoration. In a letter dated July 12,
                                                  well as any attachments, except for                     Beverly Friedman, Office of Regulatory                2016, FDA advised the USPTO that this
                                                  information submitted, marked and                       Policy, Food and Drug Administration,                 human drug product had undergone a
                                                  identified, as confidential, if submitted               10903 New Hampshire Ave., Bldg. 51,                   regulatory review period and that the
                                                  as detailed in ‘‘Instructions.’’                        Rm. 6250, Silver Spring, MD 20993,                    approval of KENGREAL represented the
                                                     Instructions: All submissions received               301–796–3600.                                         first permitted commercial marketing or
                                                  must include the Docket Nos. FDA–                       SUPPLEMENTARY INFORMATION:                            use of the product. Thereafter, the
                                                  2016–E–1283 and FDA–2016–E–1291                                                                               USPTO requested that FDA determine
                                                  for ’’Determination of Regulatory                       I. Background                                         the product’s regulatory review period.
                                                  Review Period for Purposes of Patent                      The Drug Price Competition and                      II. Determination of Regulatory Review
                                                  Extension; KENGREAL.’’ Received                         Patent Term Restoration Act of 1984                   Period
                                                  comments, those filed in a timely                       (Pub. L. 98–417) and the Generic
                                                  manner (see ADDRESSES), will be placed                  Animal Drug and Patent Term                             FDA has determined that the
                                                  in the docket and, except for those                     Restoration Act (Pub. L. 100–670)                     applicable regulatory review period for
                                                  submitted as ‘‘Confidential                             generally provide that a patent may be                KENGREAL is 6,122 days. Of this time,
                                                  Submissions,’’ publicly viewable at                     extended for a period of up to 5 years                5,338 days occurred during the testing
                                                  https://www.regulations.gov or at the                   so long as the patented item (human                   phase of the regulatory review period,
                                                  Dockets Management Staff Office                         drug product, animal drug product,                    while 784 days occurred during the
                                                  between 9 a.m. and 4 p.m., Monday                       medical device, food additive, or color               approval phase. These periods of time
                                                  through Friday.                                         additive) was subject to regulatory                   were derived from the following dates:
                                                     • Confidential Submissions—To                        review by FDA before the item was                       1. The date an exemption under
                                                  submit a comment with confidential                      marketed. Under these acts, a product’s               section 505(i) of the Federal Food, Drug,
                                                  information that you do not wish to be                  regulatory review period forms the basis              and Cosmetic Act (the FD&C Act) (21
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                                                  made publicly available, submit your                    for determining the amount of extension               U.S.C. 355(i)) became effective:
                                                  comments only as a written/paper                        an applicant may receive.                             September 19, 1998. The applicant
                                                  submission. You should submit two                         A regulatory review period consists of              claims August 20, 1998, as the date the
                                                  copies total. One copy will include the                 two periods of time: A testing phase and              investigational new drug application
                                                  information you claim to be confidential                an approval phase. For human drug                     (IND) became effective. However, FDA
                                                  with a heading or cover note that states                products, the testing phase begins when               records indicate that the IND effective
                                                  ‘‘THIS DOCUMENT CONTAINS                                the exemption to permit the clinical                  date was September 19, 1998, which


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                                                  41276                      Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Notices

                                                  was 30 days after FDA receipt of the                    DEPARTMENT OF HEALTH AND                              HHS, the Director of CDC, and the
                                                  IND.                                                    HUMAN SERVICES                                        Administrator of HRSA regarding
                                                    2. The date the application was                                                                             objectives, strategies, policies, and
                                                                                                          Health Resources and Services                         priorities for HIV, viral hepatitis, and
                                                  initially submitted with respect to the
                                                                                                          Administration                                        other STDs; prevention and treatment
                                                  human drug product under section
                                                  505(b) of the FD&C Act: April 30, 2013.                                                                       efforts including surveillance of HIV
                                                                                                          CDC/HRSA Advisory Committee on
                                                  FDA has verified the applicant’s claim                                                                        infection, AIDS, viral hepatitis and
                                                                                                          HIV, Viral Hepatitis and STD Prevention
                                                  that the new drug application (NDA) for                                                                       other STDs, and related behaviors;
                                                                                                          and Treatment
                                                  KENGREAL (NDA 204958) was initially                                                                           epidemiologic, behavioral, health
                                                                                                          AGENCY: Health Resources and Service                  services, and laboratory research on
                                                  submitted on April 30, 2013.
                                                                                                          Administration (HRSA), Department of                  HIV/AIDS, viral hepatitis, and other
                                                    3. The date the application was                       Health and Human Services (HHS).                      STDs; identification of policy issues
                                                  approved: June 22, 2015. FDA has                        ACTION: Notice of meeting.                            related to HIV/viral hepatitis/STD
                                                  verified the applicant’s claim that NDA                                                                       professional education, patient
                                                  204958 was approved on June 22, 2015.                   SUMMARY:   In accordance with the                     healthcare delivery, and prevention
                                                                                                          Federal Advisory Committee Act, notice                services; HHS policies about prevention
                                                    This determination of the regulatory                  is hereby given that a meeting is
                                                  review period establishes the maximum                                                                         of HIV/AIDS, viral hepatitis and other
                                                                                                          scheduled for the Centers for Disease
                                                  potential length of a patent extension.                                                                       STDs; treatment, healthcare delivery,
                                                                                                          Control and Prevention (CDC)/HRSA
                                                  However, the USPTO applies several                                                                            and research and training; strategic
                                                                                                          Advisory Committee on HIV, Viral
                                                  statutory limitations in its calculations               Hepatitis and STD Prevention and                      issues influencing the ability of CDC
                                                  of the actual period for patent extension.              Treatment. This meeting will be open to               and HRSA to fulfill their missions of
                                                  In its application for patent extension,                the public. Information about the CDC/                providing prevention and treatment
                                                  this applicant seeks 5 years of patent                  HRSA Advisory Committee on HIV,                       services; programmatic efforts to
                                                  term extension.                                         Viral Hepatitis and STD Prevention and                prevent and treat HIV, viral hepatitis,
                                                                                                          Treatment and the agenda for this                     and other STDs; and support to CDC
                                                  III. Petitions                                                                                                and HRSA in their development of
                                                                                                          meeting can be obtained by contacting
                                                                                                          CDR Holly Berilla at (301) 443–9965 or                responses to emerging health needs
                                                     Anyone with knowledge that any of
                                                                                                          hberilla@hrsa.gov.                                    related to HIV, viral hepatitis, and other
                                                  the dates as published are incorrect may
                                                                                                          DATES: October 25, 2017, 9:00 a.m. to                 STDs.
                                                  submit either electronic or written
                                                  comments and, under 21 CFR 60.24, ask                   5:30 p.m. (Eastern) and October 26,                      During the October 25 to 26, 2017,
                                                  for a redetermination (see DATES).                      2017, 9:00 a.m. to 4:15 p.m. (Eastern).               meeting, the CDC/HRSA Advisory
                                                  Furthermore, as specified in 21 CFR                     ADDRESSES: This meeting will be held in               Committee on HIV, Viral Hepatitis and
                                                  60.30, any interested person may                        person and offer virtual access through               STD Prevention and Treatment will
                                                  petition FDA for a determination                        teleconference and Adobe Connect. The                 discuss strategies to link, retain, and re-
                                                  regarding whether the applicant for                     address for the meeting is 5600 Fishers               engage people living with HIV into the
                                                  extension acted with due diligence                      Lane, Pavilion, Rockville, Maryland                   Ryan White HIV/AIDS Program system
                                                  during the regulatory review period. To                 20857. The conference call-in number is               of care; HAB’s benchmarking and risk
                                                  meet its burden, the petition must                      (888) 469–0566 and passcode is                        adjustment initiatives; HRSA and CDC
                                                                                                          6012320. The webinar link is https://                 initiatives regarding congenital syphilis;
                                                  comply with all the requirements of 21
                                                                                                          hrsa.connectsolutions.com/october_                    and committee workgroup reports.
                                                  CFR 60.30, including but not limited to:
                                                                                                          chac_meeting/.                                        Agenda items are subject to change as
                                                  Must be timely (see DATES), must be
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      priorities dictate.
                                                  filed in accordance with 21 CFR 10.20,
                                                                                                          Those requesting information regarding                   Members of the public will have the
                                                  must contain sufficient facts to merit an
                                                                                                          the CDC/HRSA Advisory Committee on                    opportunity to provide comments. Oral
                                                  FDA investigation, and must certify that
                                                                                                          HIV, Viral Hepatitis and STD Prevention               comments will be honored in the order
                                                  a true and complete copy of the petition                and Treatment should contact CDR
                                                  has been served upon the patent                                                                               they are requested and may be limited
                                                                                                          Holly Berilla, Senior Public Health                   as time allows. Requests to make oral
                                                  applicant. (See H. Rept. 857, part 1, 98th              Analyst, Division of Policy and Data
                                                  Cong., 2d sess., pp. 41–42, 1984.)                                                                            comments or provide written comments
                                                                                                          (DPD), HIV/AIDS Bureau (HAB), HRSA,                   to the CDC/HRSA Advisory Committee
                                                  Petitions should be in the format                       in one of three ways: (1) Mail a request
                                                  specified in 21 CFR 10.30.                                                                                    on HIV, Viral Hepatitis and STD
                                                                                                          to CDR Holly Berilla, Senior Public                   Prevention and Treatment should be
                                                     Submit petitions electronically to                   Health Analyst, HRSA/HAB/DPD, 5600                    sent to CDR Holly Berilla, using the
                                                  https://www.regulations.gov at Docket                   Fishers Lane, 9N164C, Rockville,
                                                                                                                                                                contact information listed above, by
                                                  No. FDA–2013–S–0610. Submit written                     Maryland 20857; (2) call (301) 443–
                                                                                                                                                                October 11, 2017.
                                                  petitions (two copies are required) to the              9965; or (3) send an email to hberilla@
                                                                                                          hrsa.gov.                                                The building at 5600 Fishers Lane,
                                                  Dockets Management Staff (HFA–305),
                                                                                                          SUPPLEMENTARY INFORMATION: The CDC/                   Rockville, MD 20857, requires a security
                                                  Food and Drug Administration, 5630
                                                                                                          HRSA Advisory Committee on HIV,                       screening on entry. To facilitate your
                                                  Fishers Lane, Rm. 1061, Rockville, MD
                                                                                                          Viral Hepatitis and STD Prevention and                access to the building please contact
                                                  20852.
                                                                                                          Treatment was established under                       CDR Holly Berilla (contact information
mstockstill on DSK30JT082PROD with NOTICES




                                                    Dated: August 24, 2017.                               Section 222 of the Public Health Service              provided above). Individuals who plan
                                                  Anna K. Abram,                                          Act, [42 U.S.C. Section 217a], as                     to attend and need special assistance,
                                                  Deputy Commissioner for Policy, Planning,               amended.                                              such as sign language interpretation or
                                                  Legislation, and Analysis.                                 The purpose of the CDC/HRSA                        other reasonable accommodations,
                                                  [FR Doc. 2017–18380 Filed 8–29–17; 8:45 am]             Advisory Committee on HIV, Viral                      should notify CDR Holly Berilla (contact
                                                  BILLING CODE 4164–01–P
                                                                                                          Hepatitis and STD Prevention and                      information provided above) at least 10
                                                                                                          Treatment is to advise the Secretary of               days prior to the meeting.


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Document Created: 2017-08-30 04:08:45
Document Modified: 2017-08-30 04:08:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesAnyone with knowledge that any of the dates as published (in the SUPPLEMENTARY INFORMATION section) are incorrect may submit either electronic or written comments and ask for a redetermination by October 30, 2017. Furthermore, any interested person may petition FDA for a determination regarding whether the applicant for extension acted with due diligence during the regulatory review period by February 26, 2018. See ``Petitions'' in the SUPPLEMENTARY INFORMATION section for more information.
ContactBeverly Friedman, Office of Regulatory Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6250, Silver Spring, MD 20993, 301-796-3600.
FR Citation82 FR 41274 

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