83_FR_4244 83 FR 4224 - Determination of Regulatory Review Period for Purposes of Patent Extension; SAPIEN 3 TRANSCATHETER HEART VALVE

83 FR 4224 - Determination of Regulatory Review Period for Purposes of Patent Extension; SAPIEN 3 TRANSCATHETER HEART VALVE

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 20 (January 30, 2018)

Page Range4224-4226
FR Document2018-01655

The Food and Drug Administration (FDA or the Agency) has determined the regulatory review period for SAPIEN 3 TRANSCATHETER HEART VALVE 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 medical device.

Federal Register, Volume 83 Issue 20 (Tuesday, January 30, 2018)
[Federal Register Volume 83, Number 20 (Tuesday, January 30, 2018)]
[Notices]
[Pages 4224-4226]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01655]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2016-E-1279 and FDA-2016-E-1282]


Determination of Regulatory Review Period for Purposes of Patent 
Extension; SAPIEN 3 TRANSCATHETER HEART VALVE

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA or the Agency) has 
determined the regulatory review period for SAPIEN 3 TRANSCATHETER 
HEART VALVE 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 medical device.

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 April 
2, 2018. 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 July 30, 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 April 2, 2018. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of April 2, 2018. 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:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://

[[Page 4225]]

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 Office, 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-1279 and FDA-2016-1282 for ``Determination of Regulatory 
Review Period for Purposes of Patent Extension; SAPIEN 3 TRANSCATHETER 
HEART VALVE.'' 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 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 Sec.  10.20 (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, 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 medical devices, the testing 
phase begins with a clinical investigation of the device and runs until 
the approval phase begins. The approval phase starts with the initial 
submission of an application to market the device and continues until 
permission to market the device is granted. Although only a portion of 
a regulatory review period may count toward the actual amount of 
extension that the Director of USPTO may award (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 medical device will include all of the 
testing phase and approval phase as specified in 35 U.S.C. 
156(g)(3)(B).
    FDA has approved for marketing the medical device SAPIEN 3 
TRANSCATHETER HEART VALVE. SAPIEN 3 TRANSCATHETER HEART VALVE is 
indicated for relief of aortic stenosis in patients with symptomatic 
heart disease due to severe native calcific aortic stenosis who are 
judged by a heart team, including a cardiac surgeon, to be at high or 
greater risk for open surgical therapy (i.e., Society of Thoracic 
Surgeons Operative Risk score 8 percent or at a 15 percent risk of 
mortality at 30 days). Subsequent to this approval, the USPTO received 
a patent term restoration application for SAPIEN 3 TRANSCATHETER HEART 
VALVE (U.S. Patent Nos. 7,585,321 and 8,591,575) from Edwards 
Lifesciences PVT, 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 medical 
device had undergone a regulatory review period and that the approval 
of SAPIEN 3 TRANSCATHETER HEART VALVE 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 
SAPIEN 3 TRANSCATHETER HEART VALVE is 1,736 days. Of this time, 1,558 
days occurred during the testing phase of the regulatory review period, 
while 178 days occurred during the approval phase. These periods of 
time were derived from the following dates:
    1. The date an exemption under section 520(g) of the Federal Food, 
Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 360j(g)) involving 
this device became effective: September 17, 2010. The applicant claims 
that the investigational device exemption (IDE) required under section 
520(g) of the FD&C Act for human tests to begin became effective on 
July 31, 2014. However, FDA records indicate that the

[[Page 4226]]

IDE was determined substantially complete for clinical studies to have 
begun on September 17, 2010, which represents the IDE effective date.
    2. The date an application was initially submitted with respect to 
the device under section 515 of the FD&C Act (21 U.S.C. 360e): December 
22, 2014. The applicant claims December 19, 2014, as the date the 
premarket approval application (PMA) for SAPIEN 3 TRANSCATHETER HEART 
VALVE (PMA P140031) was initially submitted. However, FDA records 
indicate that PMA P140031 was submitted on December 22, 2014.
    3. The date the application was approved: June 17, 2015. FDA has 
verified the applicant's claim that PMA P140031 was approved on June 
17, 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 250 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 Sec.  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 Sec.  60.30, including but not limited to: Must be timely (see 
DATES), must be filed in accordance with Sec.  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: January 24, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-01655 Filed 1-29-18; 8:45 am]
 BILLING CODE 4164-01-P



                                               4224                          Federal Register / Vol. 83, No. 20 / Tuesday, January 30, 2018 / Notices

                                               Although only a portion of a regulatory                 207981) was initially submitted on                     DEPARTMENT OF HEALTH AND
                                               review period may count toward the                      December 19, 2014.                                     HUMAN SERVICES
                                               actual amount of extension that the                       3. The date the application was
                                               Director of USPTO may award (for                                                                               Food and Drug Administration
                                                                                                       approved: September 22, 2015. FDA has
                                               example, half the testing phase must be
                                                                                                       verified the applicant’s claim that NDA                [Docket Nos. FDA–2016–E–1279 and FDA–
                                               subtracted as well as any time that may                                                                        2016–E–1282]
                                                                                                       207981 was approved on September 22,
                                               have occurred before the patent was
                                               issued), FDA’s determination of the                     2015.
                                                                                                                                                              Determination of Regulatory Review
                                               length of a regulatory review period for                  This determination of the regulatory                 Period for Purposes of Patent
                                               a human drug product will include all                   review period establishes the maximum                  Extension; SAPIEN 3
                                               of the testing phase and approval phase                 potential length of a patent extension.                TRANSCATHETER HEART VALVE
                                               as specified in 35 U.S.C. 156(g)(1)(B).                 However, the USPTO applies several
                                                  FDA has approved for marketing the                   statutory limitations in its calculations              AGENCY:   Food and Drug Administration,
                                               human drug product LONSURF                              of the actual period for patent extension.             HHS.
                                               (trifluridine and tipiracil                             In its applications for patent extension,              ACTION:   Notice.
                                               hydrochloride). LONSURF is indicated                    this applicant seeks 1,827 days or 1,013
                                               for the treatment of patients with                                                                             SUMMARY:   The Food and Drug
                                                                                                       days of patent term extension.
                                               metastatic colorectal cancer who have                                                                          Administration (FDA or the Agency) has
                                               been previously treated with                            III. Petitions                                         determined the regulatory review period
                                               fluoropyrimidine-, oxalplatin- and                                                                             for SAPIEN 3 TRANSCATHETER
                                               irinotecan-based chemotherapy, an anti-                    Anyone with knowledge that any of                   HEART VALVE and is publishing this
                                               vascular endothelial growth factor                      the dates as published are incorrect may               notice of that determination as required
                                               biological therapy, and if RAS wild-                    submit either electronic or written                    by law. FDA has made the
                                               type, an anti-epidermal growth factor                   comments and, under 21 CFR 60.24, ask                  determination because of the
                                               receptor therapy. Subsequent to this                    for a redetermination (see DATES).                     submission of applications to the
                                               approval, the USPTO received patent                     Furthermore, as specified in § 60.30 (21               Director of the U.S. Patent and
                                               term restoration applications for                       CFR 60.30), any interested person may                  Trademark Office (USPTO), Department
                                               LONSURF (U.S. Patent Nos. 6,479,500                     petition FDA for a determination                       of Commerce, for the extension of a
                                               and 7,799,783) from Taiho                               regarding whether the applicant for                    patent which claims that medical
                                               Pharmaceutical Co., Ltd., and the                       extension acted with due diligence                     device.
                                               USPTO requested FDA’s assistance in                     during the regulatory review period. To                DATES:  Anyone with knowledge that any
                                               determining the patents’ eligibility for                meet its burden, the petition must                     of the dates as published (in the
                                               patent term restoration. In a letter dated              comply with all the requirements of                    SUPPLEMENTARY INFORMATION section) are
                                               October 14, 2016, FDA advised the                       § 60.30, including but not limited to:                 incorrect may submit either electronic
                                               USPTO that this human drug product                      must be timely (see DATES), must be                    or written comments and ask for a
                                               had undergone a regulatory review
                                                                                                       filed in accordance with § 10.20, must                 redetermination by April 2, 2018.
                                               period and that the approval of
                                                                                                       contain sufficient facts to merit an FDA               Furthermore, any interested person may
                                               LONSURF represented the first
                                                                                                       investigation, and must certify that a                 petition FDA for a determination
                                               permitted commercial marketing or use
                                                                                                       true and complete copy of the petition                 regarding whether the applicant for
                                               of the product. Thereafter, the USPTO
                                                                                                       has been served upon the patent                        extension acted with due diligence
                                               requested that FDA determine the
                                                                                                       applicant. (See H. Rept. 857, part 1, 98th             during the regulatory review period by
                                               product’s regulatory review period.
                                                                                                       Cong., 2d sess., pp. 41–42, 1984.)                     July 30, 2018. See ‘‘Petitions’’ in the
                                               II. Determination of Regulatory Review                  Petitions should be in the format                      SUPPLEMENTARY INFORMATION section for
                                               Period                                                  specified in 21 CFR 10.30.                             more information.
                                                  FDA has determined that the                                                                                 ADDRESSES: You may submit comments
                                                                                                          Submit petitions electronically to
                                               applicable regulatory review period for                 https://www.regulations.gov at Docket                  as follows. Please note that late,
                                               LONSURF is 6,083 days. Of this time,                                                                           untimely filed comments will not be
                                                                                                       No. FDA–2013–S–0610. Submit written
                                               5,805 days occurred during the testing                                                                         considered. Electronic comments must
                                                                                                       petitions (two copies are required) to the
                                               phase of the regulatory review period,                                                                         be submitted on or before April 2, 2018.
                                                                                                       Dockets Management Staff (HFA–305),                    The https://www.regulations.gov
                                               while 278 days occurred during the
                                                                                                       Food and Drug Administration, 5630                     electronic filing system will accept
                                               approval phase. These periods of time
                                               were derived from the following dates:                  Fishers Lane, Rm. 1061, Rockville, MD                  comments until midnight Eastern Time
                                                  1. The date an exemption under                       20852.                                                 at the end of April 2, 2018. Comments
                                               section 505(i) of the Federal Food, Drug,                 Dated: January 24, 2018.                             received by mail/hand delivery/courier
                                               and Cosmetic Act (the FD&C Act) (21                     Leslie Kux,                                            (for written/paper submissions) will be
                                               U.S.C. 355(i)) became effective: January                Associate Commissioner for Policy.
                                                                                                                                                              considered timely if they are
                                               28, 1999. FDA has verified the Taiho                                                                           postmarked or the delivery service
                                                                                                       [FR Doc. 2018–01641 Filed 1–29–18; 8:45 am]
                                               Pharmaceutical Co., Ltd. claim that                                                                            acceptance receipt is on or before that
                                               January 28, 1999, is the date the                       BILLING CODE 4164–01–P                                 date.
                                               investigational new drug application
                                                                                                                                                              Electronic Submissions
                                               (IND) became effective.
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                                                  2. The date the application was                                                                               Submit electronic comments in the
                                               initially submitted with respect to the                                                                        following way:
                                               human drug product under section                                                                                 • Federal eRulemaking Portal:
                                               505(b)/507 of the FD&C Act: December                                                                           https://www.regulations.gov. Follow the
                                               19, 2014. FDA has verified the                                                                                 instructions for submitting comments.
                                               applicant’s claim that the new drug                                                                            Comments submitted electronically,
                                               application (NDA) for LONSURF (NDA                                                                             including attachments, to https://


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                                                                             Federal Register / Vol. 83, No. 20 / Tuesday, January 30, 2018 / Notices                                             4225

                                               www.regulations.gov will be posted to                   second copy, which will have the                       permission to market the device is
                                               the docket unchanged. Because your                      claimed confidential information                       granted. Although only a portion of a
                                               comment will be made public, you are                    redacted/blacked out, will be available                regulatory review period may count
                                               solely responsible for ensuring that your               for public viewing and posted on                       toward the actual amount of extension
                                               comment does not include any                            https://www.regulations.gov. Submit                    that the Director of USPTO may award
                                               confidential information that you or a                  both copies to the Dockets Management                  (half the testing phase must be
                                               third party may not wish to be posted,                  Staff Office. If you do not wish your                  subtracted as well as any time that may
                                               such as medical information, your or                    name and contact information to be                     have occurred before the patent was
                                               anyone else’s Social Security number, or                made publicly available, you can                       issued), FDA’s determination of the
                                               confidential business information, such                 provide this information on the cover                  length of a regulatory review period for
                                               as a manufacturing process. Please note                 sheet and not in the body of your                      a medical device will include all of the
                                               that if you include your name, contact                  comments and you must identify this                    testing phase and approval phase as
                                               information, or other information that                  information as ‘‘confidential.’’ Any                   specified in 35 U.S.C. 156(g)(3)(B).
                                               identifies you in the body of your                      information marked as ‘‘confidential’’                    FDA has approved for marketing the
                                               comments, that information will be                      will not be disclosed except in                        medical device SAPIEN 3
                                               posted on https://www.regulations.gov.                  accordance with § 10.20 (21 CFR 10.20)                 TRANSCATHETER HEART VALVE.
                                                 • If you want to submit a comment                     and other applicable disclosure law. For               SAPIEN 3 TRANSCATHETER HEART
                                               with confidential information that you                  more information about FDA’s posting                   VALVE is indicated for relief of aortic
                                               do not wish to be made available to the                 of comments to public dockets, see 80                  stenosis in patients with symptomatic
                                               public, submit the comment as a                         FR 56469, September 18, 2015, or access                heart disease due to severe native
                                               written/paper submission and in the                     the information at: https://www.gpo.gov/               calcific aortic stenosis who are judged
                                               manner detailed (see ‘‘Written/Paper                    fdsys/pkg/FR-2015-09-18/pdf/2015-                      by a heart team, including a cardiac
                                               Submissions’’ and ‘‘Instructions’’).                    23389.pdf.                                             surgeon, to be at high or greater risk for
                                                                                                          Docket: For access to the docket to                 open surgical therapy (i.e., Society of
                                               Written/Paper Submissions
                                                                                                       read background documents or the                       Thoracic Surgeons Operative Risk score
                                                  Submit written/paper submissions as                                                                         8 percent or at a 15 percent risk of
                                                                                                       electronic and written/paper comments
                                               follows:                                                                                                       mortality at 30 days). Subsequent to this
                                                                                                       received, go to https://
                                                  • Mail/Hand Delivery/Courier (for                                                                           approval, the USPTO received a patent
                                                                                                       www.regulations.gov and insert the
                                               written/paper submissions): Dockets                                                                            term restoration application for SAPIEN
                                                                                                       docket number, found in brackets in the
                                               Management Staff (HFA–305), Food and                                                                           3 TRANSCATHETER HEART VALVE
                                                                                                       heading of this document, into the
                                               Drug Administration, 5630 Fishers                                                                              (U.S. Patent Nos. 7,585,321 and
                                                                                                       ‘‘Search’’ box and follow the prompts
                                               Lane, Rm. 1061, Rockville, MD 20852.                                                                           8,591,575) from Edwards Lifesciences
                                                  • For written/paper comments                         and/or go to the Dockets Management
                                                                                                       Staff, 5630 Fishers Lane, Rm. 1061,                    PVT, Inc., and the USPTO requested
                                               submitted to the Dockets Management                                                                            FDA’s assistance in determining the
                                               Staff Office, FDA will post your                        Rockville, MD 20852.
                                                                                                                                                              patents’ eligibility for patent term
                                               comment, as well as any attachments,                    FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                              restoration. In a letter dated July 12,
                                               except for information submitted,                       Beverly Friedman, Office of Regulatory                 2016, FDA advised the USPTO that this
                                               marked and identified, as confidential,                 Policy, Food and Drug Administration,                  medical device had undergone a
                                               if submitted as detailed in                             10903 New Hampshire Ave., Bldg. 51,                    regulatory review period and that the
                                               ‘‘Instructions.’’                                       Rm. 6250, Silver Spring, MD 20993,                     approval of SAPIEN 3
                                                  Instructions: All submissions received               301–796–3600.                                          TRANSCATHETER HEART VALVE
                                               must include the Docket Nos. FDA–                       SUPPLEMENTARY INFORMATION:                             represented the first permitted
                                               2016–E–1279 and FDA–2016–1282 for                                                                              commercial marketing or use of the
                                               ‘‘Determination of Regulatory Review                    I. Background
                                                                                                                                                              product. Thereafter, the USPTO
                                               Period for Purposes of Patent Extension;                  The Drug Price Competition and                       requested that FDA determine the
                                               SAPIEN 3 TRANSCATHETER HEART                            Patent Term Restoration Act of 1984                    product’s regulatory review period.
                                               VALVE.’’ Received comments, those                       (Pub. L. 98–417) and the Generic
                                               filed in a timely manner (see                           Animal Drug and Patent Term                            II. Determination of Regulatory Review
                                               ADDRESSES), will be placed in the docket                Restoration Act (Pub. L. 100–670)                      Period
                                               and, except for those submitted as                      generally provide that a patent may be                    FDA has determined that the
                                               ‘‘Confidential Submissions,’’ publicly                  extended for a period of up to 5 years                 applicable regulatory review period for
                                               viewable at https://www.regulations.gov                 so long as the patented item (human                    SAPIEN 3 TRANSCATHETER HEART
                                               or at the Dockets Management Staff                      drug product, animal drug product,                     VALVE is 1,736 days. Of this time,
                                               between 9 a.m. and 4 p.m., Monday                       medical device, food additive, or color                1,558 days occurred during the testing
                                               through Friday.                                         additive) was subject to regulatory                    phase of the regulatory review period,
                                                  • Confidential Submissions—To                        review by FDA before the item was                      while 178 days occurred during the
                                               submit a comment with confidential                      marketed. Under these acts, a product’s                approval phase. These periods of time
                                               information that you do not wish to be                  regulatory review period forms the basis               were derived from the following dates:
                                               made publicly available, submit your                    for determining the amount of extension                   1. The date an exemption under
                                               comments only as a written/paper                        an applicant may receive.                              section 520(g) of the Federal Food, Drug,
                                               submission. You should submit two                         A regulatory review period consists of               and Cosmetic Act (the FD&C Act) (21
                                               copies total. One copy will include the                 two periods of time: A testing phase and               U.S.C. 360j(g)) involving this device
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                                               information you claim to be confidential                an approval phase. For medical devices,                became effective: September 17, 2010.
                                               with a heading or cover note that states                the testing phase begins with a clinical               The applicant claims that the
                                               ‘‘THIS DOCUMENT CONTAINS                                investigation of the device and runs                   investigational device exemption (IDE)
                                               CONFIDENTIAL INFORMATION.’’ The                         until the approval phase begins. The                   required under section 520(g) of the
                                               Agency will review this copy, including                 approval phase starts with the initial                 FD&C Act for human tests to begin
                                               the claimed confidential information, in                submission of an application to market                 became effective on July 31, 2014.
                                               its consideration of comments. The                      the device and continues until                         However, FDA records indicate that the


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                                               4226                          Federal Register / Vol. 83, No. 20 / Tuesday, January 30, 2018 / Notices

                                               IDE was determined substantially                          Dated: January 24, 2018.                             (Catalogue of Federal Domestic Assistance
                                               complete for clinical studies to have                   Leslie Kux,                                            Program Nos. 93.859, Pharmacology,
                                                                                                                                                              Physiology, and Biological Chemistry
                                               begun on September 17, 2010, which                      Associate Commissioner for Policy.
                                                                                                                                                              Research; 93.350, B—Cooperative
                                               represents the IDE effective date.                      [FR Doc. 2018–01655 Filed 1–29–18; 8:45 am]            Agreements; 93.859, Biomedical Research
                                                 2. The date an application was                        BILLING CODE 4164–01–P                                 and Research Training, National Institutes of
                                               initially submitted with respect to the                                                                        Health, HHS)
                                               device under section 515 of the FD&C                                                                             Dated: January 25, 2018.
                                               Act (21 U.S.C. 360e): December 22,                      DEPARTMENT OF HEALTH AND                               David Clary,
                                                                                                       HUMAN SERVICES
                                               2014. The applicant claims December                                                                            Program Analyst, Office of Federal Advisory
                                               19, 2014, as the date the premarket                                                                            Committee Policy.
                                                                                                       National Institutes of Health
                                               approval application (PMA) for SAPIEN                                                                          [FR Doc. 2018–01822 Filed 1–29–18; 8:45 am]
                                               3 TRANSCATHETER HEART VALVE                             National Center for Advancing                          BILLING CODE 4140–01–P
                                               (PMA P140031) was initially submitted.                  Translational Sciences; Notice of
                                               However, FDA records indicate that                      Closed Meetings
                                               PMA P140031 was submitted on                                                                                   DEPARTMENT OF HEALTH AND
                                                                                                         Pursuant to section 10(d) of the                     HUMAN SERVICES
                                               December 22, 2014.                                      Federal Advisory Committee Act, as
                                                 3. The date the application was                       amended, notice is hereby given of the                 National Institutes of Health
                                               approved: June 17, 2015. FDA has                        National Center for Advancing
                                               verified the applicant’s claim that PMA                 Translational Sciences Special                         National Institute on Aging; Notice of
                                               P140031 was approved on June 17,                        Emphasis Panel.                                        Closed Meetings
                                               2015.                                                     The meetings will be closed to the                     Pursuant to section 10(d) of the
                                                 This determination of the regulatory                  public in accordance with the                          Federal Advisory Committee Act, as
                                               review period establishes the maximum                   provisions set forth in sections                       amended, notice is hereby given of the
                                                                                                       552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,             following meetings.
                                               potential length of a patent extension.
                                                                                                       as amended. The grant applications and                   The meetings will be closed to the
                                               However, the USPTO applies several
                                                                                                       the discussions could disclose                         public in accordance with the
                                               statutory limitations in its calculations
                                                                                                       confidential trade secrets or commercial               provisions set forth in sections
                                               of the actual period for patent extension.              property such as patentable material,                  552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
                                               In its applications for patent extension,               and personal information concerning                    as amended. The grant applications and
                                               this applicant seeks 250 days of patent                 individuals associated with the grant                  the discussions could disclose
                                               term extension.                                         applications, the disclosure of which                  confidential trade secrets or commercial
                                               III. Petitions                                          would constitute a clearly unwarranted                 property such as patentable material,
                                                                                                       invasion of personal privacy.                          and personal information concerning
                                                  Anyone with knowledge that any of                      Name of Committee: National Center for               individuals associated with the grant
                                               the dates as published are incorrect may                Advancing Translational Sciences Special               applications, the disclosure of which
                                               submit either electronic or written                     Emphasis Panel; CTSA Collaborative                     would constitute a clearly unwarranted
                                               comments and, under 21 CFR 60.24, ask                   Innovation Award Review.                               invasion of personal privacy.
                                               for a redetermination (see DATES).                        Date: February 22–23, 2018.
                                                                                                                                                                Name of Committee: National Institute on
                                                                                                         Time: 8:00 a.m. to 5:00 p.m.
                                               Furthermore, as specified in § 60.30 (21                                                                       Aging Special Emphasis Panel; GEMSSTAR.
                                                                                                         Agenda: To review and evaluate grant                   Date: February 26, 2018.
                                               CFR 60.30), any interested person may                   applications.
                                               petition FDA for a determination                                                                                 Time: 8:00 a.m. to 6:00 p.m.
                                                                                                         Place: National Institutes of Health,                  Agenda: To review and evaluate grant
                                               regarding whether the applicant for                     Democracy I, Room 1068, 6701 Democracy                 applications.
                                               extension acted with due diligence                      Blvd., Bethesda, MD 20817 (Virtual Meeting).             Place: Bethesda Marriott Hotel, 5151 Pooks
                                               during the regulatory review period. To                   Contact Person: M. Lourdes Ponce, Ph.D.,             Hill Road, Bethesda, MD 20814.
                                               meet its burden, the petition must                      Scientific Review Officer, Office of Scientific          Contact Person: Isis S. Mikhail, MD, MPH,
                                                                                                       Review, National Center for Advancing                  DRPH, National Institute on Aging, Gateway
                                               comply with all the requirements of                     Translational Sciences (NCATS), National
                                               § 60.30, including but not limited to:                                                                         Building, 7201 Wisconsin Avenue, Suite
                                                                                                       Institutes of Health, 6701 Democracy Blvd.,            2C212, Bethesda, MD 20892, 301–402–7704,
                                               Must be timely (see DATES), must be                     Democracy I, Room 1073 Bethesda, MD                    MIKHAILI@MAIL.NIH.GOV.
                                               filed in accordance with § 10.20, must                  20892, 301–435–0810, lourdes.ponce@                      Name of Committee: National Institute on
                                               contain sufficient facts to merit an FDA                nih.gov.                                               Aging Special Emphasis Panel; Primate
                                               investigation, and must certify that a                    Name of Committee: National Center for               Aging Database and Management.
                                               true and complete copy of the petition                  Advancing Translational Sciences Special                 Date: March 1, 2018.
                                               has been served upon the patent                         Emphasis Panel; Bench Testing.                           Time: 11:30 a.m. to 12:30 p.m.
                                                                                                         Date: February 27, 2018.                               Agenda: To review and evaluate contract
                                               applicant. (See H. Rept. 857, part 1, 98th                Time: 8:00 a.m. to 5:30 p.m.                         proposals.
                                               Cong., 2d sess., pp. 41–42, 1984.)                        Agenda: To review and evaluate grant                   Place: National Institute on Aging,
                                               Petitions should be in the format                       applications,                                          Gateway Building, Suite 2W233, 7201
                                               specified in 21 CFR 10.30.                                Place: National Institutes of Health,                Wisconsin Avenue, Bethesda, MD 20892
                                                                                                       Democracy I, Room 1066, 6701 Democracy                 (Telephone Conference Call).
                                                  Submit petitions electronically to                                                                            Contact Person: Anita H. Undale, Ph.D.,
                                                                                                       Blvd., Bethesda, MD 20817 (Virtual Meeting).
                                               https://www.regulations.gov at Docket
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                         Contact Person: Barbara J. Nelson, Ph.D.,            MD, Scientific Review Branch, National
                                               No. FDA–2013–S–0610. Submit written                     Scientific Review Officer, Office of Scientific        Institute on Aging, Gateway Building, Suite
                                               petitions (two copies are required) to the              Review, National Center for Advancing                  2W200, 7201 Wisconsin Avenue, Bethesda,
                                               Dockets Management Staff (HFA–305),                     Translational Sciences (NCATS), National               MD 20892, 240–747–7825, anita.undale@
                                               Food and Drug Administration, 5630                      Institutes of Health, 6701 Democracy Blvd.,            nih.gov.
                                               Fishers Lane, Rm. 1061, Rockville, MD                   Democracy I, Room 1080, Bethesda, MD                   (Catalogue of Federal Domestic Assistance
                                                                                                       20892–4874, 301–435–0806, nelsonbj@                    Program Nos. 93.866, Aging Research,
                                               20852.                                                  mail.nih.gov.                                          National Institutes of Health, HHS)



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Document Created: 2018-10-26 10:12:24
Document Modified: 2018-10-26 10:12:24
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 April 2, 2018. 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 July 30, 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 Citation83 FR 4224 

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