[Federal Register: August 29, 2001 (Volume 66, Number 168)]
[Notices]               
[Page 45688-45689]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29au01-82]                         

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

 
Prospective Grant of Exclusive License: Treatment of Cancer, 
Osteoporosis or any Disease Involving Unwanted or Dysregulated 
Angiogenesis

AGENCY: National Institutes of Health, Public Health Service, DHHS.

ACTION: Notice.

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SUMMARY: This is notice, in accordance with 35 U.S.C. 209(c)(1) and 37 
CFR 404.7(a)(1)(i), that the National Institutes of Health, Department 
of Health and Human Services, is contemplating the grant of an 
exclusive license worldwide to practice the invention embodied in the 
Provisional Patent Application No. 60/220,270, entitled ``Biologically 
Active Macrolides, Compositions and Uses Thereof'', filed July 24, 
2000, to Attenuon LLC, a U.S. corporation located at 10130 Sorrento 
Valley Rd. Suite B, San Diego, CA 92121. The patent rights of this 
invention have been assigned to the United States of America. The 
proposed field of use may be limited to the treatment of cancer, 
osteoporosis or any disease involving unwanted or dysregulated 
angiogenesis.

DATES: Only written comments and/or applications for a license received 
by the NIH Office of Technology Transfer on or before October 29, 2001 
will be considered.

ADDRESSES: Requests for a copy of the patent application, inquiries, 
comments and other materials relating to the contemplated license 
should be directed to: Wendy R. Sanhai, Ph.D., Technology Licensing 
Specialist, Office of Technology Transfer, National Institutes of 
Health, 6011 Executive Boulevard, Suite 325, Rockville, MD 20852-3804; 
Telephone: (301) 496-7736 ext. 244; Facsimile: (301) 402-0220; E-mail: 
sanhaiw@od.nih.gov. A signed Confidential Disclosure Agreement will be 
required to receive copies of the patent application.

SUPPLEMENTARY INFORMATION: The invention describes the identification 
of a novel class of polyunsaturated macrolides called the chondropsins. 
They are implicated in processes relating to cellular proliferation, 
angiogenesis, tumor cell invasiveness, metastasis and drug resistance.
    The prospective exclusive license territory will be worldwide and 
will be royalty-bearing. Said license may be granted within sixty (60) 
days from the date of this published notice unless the NIH receives 
written evidence and argument establishing that granting this license 
is inconsistent with the terms and conditions of 35 U.S.C. 209(c)(1) 
and 37 CFR 404.7(a)(1)(i).
    Since the chondropsins were first reported from an Australian 
collection, the prospective licensee will be required to comport with 
all applicable federal and country-of-collection policies relating to 
biodiversity. The prospective licensee will, therefore, be obligated to 
negotiate and enter into an agreement with the Australian Institute of 
Marine

[[Page 45689]]

Science (AIMS) in Townsville, Queensland.
    Properly filed competing applications for a license filed in 
response to this notice will be treated as objections to the 
contemplated license. Comments and objections submitted in response to 
this notice will not be made available for public inspection, and, to 
the extent permitted by law, will not be released under the Freedom of 
Information Act, 5 U.S.C. 552.

    Dated: August 23, 2001.
Jack Spiegel,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer.
[FR Doc. 01-21779 Filed 8-28-01; 8:45 am]
BILLING CODE 4140-01-P