75004 Federal Register / Vol. 88, No. 210 / Wednesday, November 1, 2023 / Notices 

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, Omegaven (fish 

oil triglycerides) indicated as a source of 

calories and fatty acids in pediatric 

patients with parenteral nutritionassociated cholestasis. Subsequent to 

this approval, the USPTO received a 

patent term restoration application for 

Omegaven (U.S. Patent No. 9,566,260) 

from Children’s Medical Center 

Corporation and the USPTO requested 

FDA’s assistance in determining the 

patent’s eligibility for patent term 

restoration. In a letter dated November 

29, 2019, FDA advised the USPTO that 

this human drug product had undergone 

a regulatory review period and that the 

approval of Omegaven 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 

Omegaven is 4,246 days. Of this time, 

4,007 days occurred during the testing 

phase of the regulatory review period, 

while 239 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 (FD&C Act) (21 U.S.C. 

355(i)) became effective: December 13, 

2006. FDA has verified the applicant’s 

claim that the date the investigational 

new drug application became effective 

was on December 13, 2006. 

2. The date the application was 

initially submitted with respect to the 

human drug product under section 505 

of the FD&C Act: December 1, 2017. 

FDA has verified the applicant’s claim 

that the new drug application (NDA) for 

Omegaven (NDA 210589) was initially 

submitted on December 1, 2017. 

3. The date the application was 

approved: July 27, 2018. FDA has 

verified the applicant’s claim that NDA 

210589 was approved on July 27, 2018. 

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 383 days of patent 

term extension. 

III. Petitions 

Anyone with knowledge that any of 

the dates as published are incorrect may 

submit either electronic or written 

comments and, under 21 CFR 60.24, ask 

for a redetermination (see DATES). 

Furthermore, as specified in § 60.30 (21 

CFR 60.30), any interested person may 

petition FDA for a determination 

regarding whether the applicant for 

extension acted with due diligence 

during the regulatory review period. To 

meet its burden, the petition must 

comply with all the requirements of 

§ 60.30, including but not limited to: 

must be timely (see DATES), must be 

filed in accordance with § 10.20, must 

contain sufficient facts to merit an FDA 

investigation, and must certify that a 

true and complete copy of the petition 

has been served upon the patent 

applicant. (See H. Rept. 857, part 1, 98th 

Cong., 2d sess., pp. 41–42, 1984.) 

Petitions should be in the format 

specified in 21 CFR 10.30. 

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: October 27, 2023. 

Lauren K. Roth, 

Associate Commissioner for Policy. 

[FR Doc. 2023–24124 Filed 10–31–23; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Health Resources and Services 

Administration 

Meeting of the Advisory Committee on 

Infant and Maternal Mortality; 

Correction 

AGENCY: Health Resources and Services 

Administration (HRSA), Department of 

Health and Human Services. 

ACTION: Notice; correction. 

SUMMARY: HRSA published a notice in 

the Federal Register of October 12, 

2023, concerning a meeting of the 

Advisory Committee on Infant and 

Maternal Mortality. The document 

contained incorrect location 

information. The notice originally stated 

that the meeting would be held in 

person at HRSA Headquarters (5600 

Fishers Lane, Room 5W07, Rockville, 

Maryland, 20857) and virtually via 

webinar. The meeting will now be fully 

virtual via webinar and not held in 

person. The webinar link and log-in 

information will be available at the 

Committee’s website before the meeting: 

https://www.hrsa.gov/advisorycommittees/infant-mortality/index.html. 

FOR FURTHER INFORMATION CONTACT: 

Vanessa Lee, MPH, Designated Federal 

Official, Maternal and Child Health 

Bureau, HRSA, 5600 Fishers Lane, 

Room 18N84, Rockville, Maryland, 

20857; 301–443–0543; or SACIM@

hrsa.gov. 

SUPPLEMENTARY INFORMATION: 

Correction 

In the Federal Register of October 12, 

2023, FR Doc. 2023–22509, page 70682, 

column 1, ADDRESSES section, paragraph 

1, correct ‘‘This meeting will be held in 

person at HRSA Headquarters (5600 

Fishers Lane, Room 5W07, Rockville, 

Maryland, 20857) and virtually via 

webinar’’ to read: ‘‘This meeting will be 

held by webinar.’’ 

Maria G. Button, 

Director, Executive Secretariat. 

[FR Doc. 2023–24080 Filed 10–31–23; 8:45 am] 

BILLING CODE 4165–15–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Institutes of Health 

National Institute of Neurological 

Disorders and Stroke; Notice of Closed 

Meeting 

Pursuant to section 1009 of the 

Federal Advisory Committee Act, as 


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