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34376 Federal Register / Vol. 71, No.

114 / Wednesday, June 14, 2006 / Notices

effective and runs until the approval which was 30 days after FDA receipt of DEPARTMENT OF HEALTH AND
phase begins. The approval phase starts the IND. HUMAN SERVICES
with the initial submission of an 2. The date the application was
application to market the human drug National Institutes of Health
initially submitted with respect to the
product and continues until FDA grants human drug product under section
permission to market the drug product. National Institute of Allergy and
505(b) of the act: December 20, 2002. Infectious Diseases; Cooperative
Although only a portion of a regulatory
FDA has verified the applicant’s claim Research and Development Agreement
review period may count toward the
actual amount of extension that the that the new drug application (NDA) for (CRADA) Opportunity for Furthering
Director of Patents and Trademarks may CUBICIN (NDA 21–572) was initially the Development of a Suite of
award (for example, half the testing submitted on December 20, 2002. Computer Programs for Modeling and
phase must be subtracted as well as any 3. The date the application was Simulating Complex Cellular Biological
time that may have occurred before the approved: September 12, 2003. FDA has Processes
patent was issued), FDA’s determination verified the applicant’s claim that NDA ACTION: Notice.
of the length of a regulatory review 21–572 was approved on September 12,
period for a human drug product will 2003. SUMMARY: The National Institute of
include all of the testing phase and This determination of the regulatory Allergy and Infectious Diseases (NIAID),
approval phase as specified in 35 U.S.C. a component of the National Institutes
review period establishes the maximum
156(g)(1)(B). of Health (NIH), Department of Health
potential length of a patent extension.
FDA recently approved for marketing and Human Services (HHS), seeks to
However, the U.S. Patent and
the human drug product CUBICIN enter into a CRADA with a commercial
Trademark Office applies several
(daptomycin). CUBICIN is indicated for partner to co-develop a suite of
the treatment of complicated skin and statutory limitations in its calculations
computer programs for modeling and
skin structure infections caused by of the actual period for patent extension.
simulating complex cellular biological
susceptible strains of the following In its application for patent extension, processes.
Gram-positive microorganisms: this applicant seeks 1,347 days of patent The existing suite of computer
Staphylococcus aureus (including term extension. programs allows biologists to develop
methicillin-resistant strains), Anyone with knowledge that any of and test quantitative models of cell
Streptococcus pyogenes, S. agalactiae, the dates as published are incorrect may biological processes. The graphical
S. dysgalactiae subsp. equismilis, and submit to the Division of Dockets interfaces of the programs make it
Enterococcus faecalis (vancomycin- Management (see ADDRESSES) written or possible to develop realistic models of
susceptible strains only). Subsequent to electronic comments and ask for a molecular interactions and cellular
this approval, the Patent and Trademark redetermination by August 14, 2006. processes that take into account the
Office received a patent term restoration Furthermore, any interested person may intracellular and extracellular spatial
application for CUBICIN (U.S. Patent petition FDA for a determination inhomogeneity of signaling components
No. 4,885,243) from Cubist regarding whether the applicant for without the user having to deal with the
Pharmaceuticals, Inc., and the Patent extension acted with due diligence partial differential equations and state
and Trademark Office requested FDA’s automata that underlie the quantitative
during the regulatory review period by
assistance in determining this patent’s simulation of the models. The program
December 11, 2006. To meet its burden,
eligibility for patent term restoration. In suite offers graphical symbols and drag-
the petition must contain sufficient facts
a letter dated February 24, 2006, FDA and-drop mechanisms to define
advised the Patent and Trademark to merit an FDA investigation. (See H. molecular interactions, molecular
Office that this human drug product had Rept. 857, part 1, 98th Cong., 2d sess., complexes, cellular stimulus-response
undergone a regulatory review period pp. 41–42, 1984.) Petitions should be in mechanisms, and the structure of
and that the approval of CUBICIN the format specified in 21 CFR 10.30. extracellular compartments. An
represented the first permitted Comments and petitions should be intuitive graphical interface can be used
commercial marketing or use of the submitted to the Division of Dockets to inspect and interact with running
product. Shortly thereafter, the Patent Management. Three copies of any simulations; for example, molecules and
and Trademark Office requested that mailed information are to be submitted, cells can be placed into the simulated
FDA determine the product’s regulatory except that individuals may submit one compartments, cells can be selected for
review period. copy. Comments are to be identified detailed analysis of their behavior and
FDA has determined that the with the docket number found in intracellular, spatially-resolved
applicable regulatory review period for brackets in the heading of this biochemistry. One part of the program
CUBICIN is 6,444 days. Of this time, document. Comments and petitions may suite reads the molecular interaction
6,177 days occurred during the testing be seen in the Division of Dockets network data that are generated by the
phase of the regulatory review period, Management between 9 a.m. and 4 p.m., program based on the user defined
while 267 days occurred during the Monday through Friday. bimolecular interactions and displays
approval phase. These periods of time them as interaction graphs, visualizing
were derived from the following dates: Dated: May 17, 2006. the reaction dynamics in the modeled
1. The date an exemption under Jane A. Axelrad, cellular signaling pathways.
section 505(i) of the Federal Food, Drug, Associate Director for Policy, Center for Drug It is anticipated that the collaboration
and Cosmetic Act (the act) (21 U.S.C. Evaluation and Research. will result in the commercialization of
355(i)) became effective: January 22, [FR Doc. E6–9225 Filed 6–13–06; 8:45 am] the software.
rwilkins on PROD1PC63 with NOTICES

1986. The applicant claims January 18, BILLING CODE 4160–01–S DATES: NIAID will consider all
1986, as the date the investigational new capability statements received within 45
drug application (IND) became effective. days of the date of publication of this
However, FDA records indicate that the notice. Capability statements received
IND effective date was January 22, 1986, thereafter may be considered if a

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Federal Register / Vol. 71, No. 114 / Wednesday, June 14, 2006 / Notices 34377

suitable CRADA collaborator has not behavior of the simulated biological DEPARTMENT OF HEALTH AND
been selected. system use state-of-the-art approaches to HUMAN SERVICES
FOR FURTHER INFORMATION CONTACT: deal with very large reaction networks
Queries and capability statements and the stiffness of the equations. National Institutes of Health
should be addressed to William C. Simulations created with the software
Ronnenberg, JD, M.I.P., Office of Government-Owned Inventions;
take into account the differential Availability for Licensing
Technology Development, National behavior of cytosolic and membrane-
Institute of Allergy and Infectious AGENCY: National Institutes of Health,
bound complexes as well as
Diseases, 6610 Rockledge Drive, Room Public Health Service, HHS.
4071, MSC 6606, Bethesda, MD 20892– transmembrane signaling events and
generates the equivalent of a set of ACTION: Notice.
6606 (Zip Code for Courier: 20817),
telephone 301–451–3522, fax: 301–402– partial differential equations describing
SUMMARY: The inventions listed below
7123, e-mail: the spatio-temporal dynamics of the are owned by an agency of the U.S.
wronnenberg@niaid.nih.gov. system. The graphical user interface of Government and are available for
the software allows the user to define bi- licensing in the U.S. in accordance with
SUPPLEMENTARY INFORMATION: With the
molecular interactions, enzymatic 35 U.S.C. 207 to achieve expeditious
increased availability of detailed
proteomic data, the main obstacle to transformations, (initial) spatial commercialization of results of
developing realistic software-based distribution of the components of federally-funded research and
simulation models of cellular signaling cellular biochemistry and the location of development. Foreign patent
processes is the technical difficulty of cells within extracellular spatial applications are filed on selected
transforming complex biological models compartments. Based on the initial inventions to extend market coverage
into quantitative simulations. Biological distribution of molecules and cells for companies and may also be available
models typically describe cellular defined by the user the software then for licensing.
signaling processes in terms of simulates the behavior of the system ADDRESSES: Licensing information and
bimolecular interactions or the providing a range of different graphical copies of the U.S. patent applications
interaction between specific sites on and tabular representations of the listed below may be obtained by writing
two proteins. These bimolecular system’s evolving state. At any time to the indicated licensing contact at the
interactions can be integrated by during the simulations, the user can add Office of Technology Transfer, National
available software into diagrammatic components (cells, molecules) and Institutes of Health, 6011 Executive
representations of signaling pathways. query the detailed biochemical state of Boulevard, Suite 325, Rockville,
However, these descriptions are cells (localized concentrations of Maryland 20852–3804; telephone: 301/
generally qualitative and are not useful signaling components) and investigate 496–7057; fax: 301/402–0220. A signed
for a quantitative understanding of the how these correlate with the cells’ Confidential Disclosure Agreement will
underlying biological systems. For behavior. be required to receive copies of the
quantitative representations of patent applications.
biological models, the current approach The capability statement must
is to ask theorists (mathematicians, address, with specificity, each of the Generation of Regulatory T Cells for
physicists, etc.) to transform these following selection criteria: Immunotherapy
qualitative models into sets of equations (1) A demonstration of expertise and Description of Technology:
or automata rules that roughly reflect experience in the areas of design and Abnormalities in immunoregulation are
the properties of the original model. The coding of biological software with an responsible for a wide variety of
resulting descriptions of complex extensive GUI component, as well as the disorders such as autoimmune disease,
biological models are frequently development of supporting chronic inflammatory diseases, and
inadequate because the theorist documentation; allergic diseases. These diseases include
involved lacks an understanding of systemic lupus erythematosus,
(2) A demonstration of and a rheumatoid arthritis, type I diabetes
biological details or the resulting
mathematical descriptions are over- willingness to commit reasonable and mellitus, inflammatory bowel disease,
simplified. adequate resources (including facilities, multiple sclerosis, Crohn’s disease and
The goals of the proposed CRADA are equipment, and personnel) the asthma. The defining event for
to integrate an existing software development of this technology; induction of an immune-mediated
program for the simulation of multi- (3) A demonstration of the expertise disorder is the loss of T cell tolerance
scale, cellular, biological models with and ability to commercially develop, to self-antigens, which is provided by
protein database interfaces and to produce, sell, and provide user support regulatory T cells. Traditional methods
improve the software’s graphical user for similar technologies; and for treating immune-mediated disorders
interface. NIAID has developed, in part, involve the use of steroids or other
(4) Ability to provide adequate and
software that simulates reaction immunosuppressive drugs, which have
networks of all possible molecular sustained funding for CRADA activities.
significant undesirable side effects.
interactions in biological systems based Dated: June 2, 2006. This invention provides methods for
on user inputs. The current Michael R. Mowatt, generating regulatory T cells by
development stage of the software Director, Office of Technology Development, culturing CD4+CD25¥T cells with
combines several unique features, such National Institute of Allergy and Infectious autologous antigen-presenting cells
as a graphical interface for the definition Diseases, National Institutes of Health. (APCs) in the presence of the Th2
and simulation of cell biological models cytokines interleukin-4 (IL-4) and/or
rwilkins on PROD1PC63 with NOTICES

[FR Doc. E6–9301 Filed 6–13–06; 8:45 am]


spanning the scale from bi-molecular interleukin-13 (IL-13). Immunotherapy
BILLING CODE 4140–01–P
interactions to the behavior of cell via this mechanism is anticipated to
populations. Its internal algorithms for have a large number of potential
the integration of the partial differential therapeutic applications. Methods are
equations governing the spatio-temporal also provided for treatment of

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