[Federal Register: November 29, 2002 (Volume 67, Number 230)]
[Notices]
[Page 71187-71188]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29no02-113]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
Prospective Grant of Exclusive License: Conjugate Vaccines To
Prevent Diseases Caused by Nontypeable Haemophilus Influenzae and
Moraxella Catarrhalis, Particularly Otitis Media
AGENCY: National Institutes of Health, Public Health Service, DHHS.
ACTION: Notice.
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SUMMARY: This notice, in accordance with 35 U.S.C. 209(c)(1) and 37 CFR
[[Page 71188]]
404.7(a)(1)(i), that the National Institutes of Health (NIH),
Department of Health and Human Services, is contemplating the grant of
an exclusive license concerning the inventions embodied in: U.S. Patent
Application Serial Number 08/842,409 (now USPN 6,207,157) entitled
``Conjugate vaccine for Nontypeable H. influenzae'', its divisional
application U. S. Patent Application Serial Number 09/789,017, and U.S.
Patent Application Serial Number 60/071,483 (now U.S. Patent
Application Serial Number 09/610,034 and PCT/US99/00590, National
Staged in Australia, Brazil, Canada, China, Europe, Korea, Mexico, and
Japan), entitled ``Lipooligosaccharide-Based Vaccine for Prevention of
Moraxella (Branhamella) catarrhalis Infections in Humans'', to Apovia,
Inc., a company of San Diego, California. The United States of America
is an assignee to the patent rights of these inventions.
The contemplated exclusive license may be limited to the
development of vaccines for the prevention or treatment of diseases in
humans caused by infection with nontypeable H. influenzae and M.
catarrhalis.
This notice is a modification to two previous Federal Register
Notices related to the technology published on March 5, 1999 (64 FR
10671) and on July 30, 1999 (64 FR 41452).
DATES: Only written comments and/or applications for a license which
are received by the NIH Office of Technology Transfer on or before
January 28, 2003 will be considered.
ADDRESSES: Requests for a copy of the patents, inquiries or comments
relating to the contemplated license should be directed to: Uri
Reichman, Ph.D., Technology Licensing Specialist, Office of Technology
Transfer, National Institutes of Health, 6011 Executive Boulevard,
Suite 325, Rockville, MD 20852-3804; Telephone: (301) 435-4616,
Facsimile: (301) 402-0220; E-mail: reichmau@od.nih.gov.
SUPPLEMENTARY INFORMATION: The inventions included in the prospective
license describe conjugates of detoxified lipooligosaccharide (dLOS),
isolated from the cellular membrane of either nontypeable H. Influenzae
or M. catarrhalis and a carrier. These conjugates have been shown to
raise bactericidal antibodies against the bacterial strain from which
the dLOS was isolated and are also cross-reactive with different
strains.
The prospective exclusive license will be royalty-bearing and will
comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7.
The prospective exclusive license may be granted unless, within 60 days
from the date of this published Notice, NIH receives written evidence
and argument that establishes that the grant of the license would not
be consistent with the requirements of 35 U.S.C. 209 and 37 CFR 404.7.
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: November 19, 2002.
Jack Spiegel,
Director, Division of Technology Development and Transfer, Office of
Technology Transfer.
[FR Doc. 02-30230 Filed 11-27-02; 8:45 am]
BILLING CODE 4140-01-P