[Federal Register Volume 61, Number 190 (Monday, September 30, 1996)]
[Notices]
[Pages 51120-51121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25022]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Prospective Grant of Exclusive License: Synthesis of Medical 
Opiate Compounds

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 in the United States to practice the invention 
embodied in: U.S. Patent No. 4,410,700, issued October 18, 1983 (U.S. 
Patent Application Serial No. 06/265,469, filed May 20, 1981), entitled 
``Preparation of Chiral 1-Benzyl-1,2,3,4-Tetrahydroisoquinolines by 
Optical Resolution''; U.S. Patent No. 4,521,601, issued June 4, 1985 
(U.S. Patent Application Serial No. 06/477,970, filed March 23, 1983), 
entitled ``Practical Total Synthesis Unnatural Enantiomers of Opium 
Derived Morphinans''; U.S. Patent No. 4,556,712, issued December 3, 
1985 (U.S. Patent Application Serial No. 06/476,830, filed March 18, 
1983), entitled ``Preparation and Racemization of Chiral 1-Benzyl-
1,2,3,4-Tetrahydroisoquinolines''; U.S. Patent No. 4,613,668, issued 
September 23, 1986 (U.S. Patent Application Serial No. 06/564,515, 
filed December 22, 1983), entitled ``Short Total Synthesis of Morphinan 
Compounds Which Uses Cyclization of a Cycloalkylcarbonyl Compound 
Selected from Cyclopropylcarbonyl Cyclobutylcarbonyl''; U.S. Patent No. 
4,727,146, issued February 23, 1988 (U.S. Patent Application Serial No. 
06/

[[Page 51121]]

748,854, filed June 26, 1985), entitled ``Synthesis of Chiral 1-Benzyl-
1,2,3,4-Hydroisoquinolines by Asymmetric Reduction''; U.S. Patent No. 
5,008,449, issued April 16, 1991 (U.S. Patent Application Serial No. 
07/318,590, filed March 3, 1989), entitled ``Method of Synthesis of 
Hydrozy-Substituted-4-Alkoxyphenylacetic Acids''; and U.S. Patent 
Application Serial No. 07/851,672, filed March 12, 1992, entitled 
``Total Synthesis of Northebaine, Normorphine, Noroxymorphone 
Enantiomers and Derivatives via N-Nor Intermediates''; to Mallinckrodt 
Chemical, Inc., having a place of business in Chesterfield, Missouri. 
The patent rights in these inventions have been assigned to the United 
States of America.
    The patents and patent applications claim material compositions and 
synthetic methods for a class of compounds used as cough suppressants, 
narcotic analgesics, and potential therapeutic treatments of psychoses, 
epilepsy, phencyclidine intoxication, and as other yet undiscovered 
clinical applications. The portfolio of inventions relates to the 
synthesis of medical opiate compounds that are independent of the 
natural and sole commercial source of these drugs (i.e., the opium 
poppy). It also includes the synthesis of the racemic compound for 
which certain isoforms do not produce narcotic side effects.
    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.

ADDRESSES: Requests for a copy of the patent applications, inquiries, 
comments and other materials relating to the contemplated license 
should be directed to: Leopold J. Luberecki, Jr., J.D., Technology 
Licensing Specialist, Office of Technology Transfer, National 
Institutes of Health, 6011 Executive Boulevard, Box 13, Rockville, MD 
20852-3804. Telephone: (301) 496-7735, ext. 223; Facsimile: (301) 402-
0220. Properly filed competing applications for a license filed in 
response to this notice will be treated as objections to the 
contemplated license. Only written comments and/or application for a 
license which are received by the NIH Office of Technology Transfer on 
or before November 29, 1996 will be considered.
    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: September 9, 1996.
Barbara M. McGarey,
Deputy Director, Office of Technology Transfer.
[FR Doc. 96-25022 Filed 9-27-96; 8:45 am]
BILLING CODE 4140-01-M