[Federal Register: May 23, 2002 (Volume 67, Number 100)]
[Notices]               
[Page 36205-36206]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23my02-83]                         

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

 
Prospective Grant of Exclusive License: Adenosine A3 Agonists for 
Use as Therapeutic Agents

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 (NIH), 
Department of Health and Human Services, is contemplating the grant of 
an exclusive license worldwide to practice the invention embodied in 
U.S. Patent Number 5,773,423 entitled ``A3 adenosine receptor 
agonists'', filed July 13, 1994, issued June 30, 1998 and corresponding 
foreign applications to CanFite BioPharma, Ltd having a place of 
business in Petah-Tikva, Israel. The patent rights in these inventions 
have been assigned to the United States of America.
    The contemplated exclusive license may be limited to the use of 
specific compositions of matter disclosed and claimed in the invention 
for myeloprotection, the treatment of cancer, stem cell mobilization, 
viral infection and arthritis.

DATES: Only written comments and/or applications for a license which 
are received by the NIH Office of Technology Transfer on or before July 
22, 2002, 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

[[Page 36206]]

to: Norbert J. Pontzer, J.D., 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. 284; facsimile: (301) 402-0220, e-mail: 
np59n@ott.nih.gov. A signed Confidential Disclosure Agreement will be 
required to receive copies of the patent application.

SUPPLEMENTARY INFORMATION: Current cancer treatment with chemotherapy 
or radiation is often accompanied by serious side effects related to 
cytotoxicity at non-cancerous tissue sites. Depression of bone marrow 
function is one of the most serious side effects in terms of patient 
morbidity and mortality. CanFite discovered that Adenosine A3 agonists 
had both a protective action in preventing neutropenia after cancer 
therapy and in mobilizing bone marrow stem cells for harvest. They 
found that these agonists also appear to have direct anti-cancer 
actions.
    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: May 13, 2002.
Jack Spiegel,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer.
[FR Doc. 02-13016 Filed 5-22-02; 8:45 am]
BILLING CODE 4140-01-P