[Federal Register Volume 67, Number 42 (Monday, March 4, 2002)]
[Notices]
[Page 9763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5028]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: The Use of Geldanamycin 
and Its Derivatives for the Treatment of Cancer

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 to practice the invention embodied in: PCT 
Application PCT/US99/30631 (DHHS ref. No. E-151-98/1), ``Water-
Insoluble Drug Delivery Systems;'' PCT/US99/16199 (DHHS ref. No. E-190-
98/1), ``Water Soluble Drugs and Methods for their Production;'' US 
Patent Applications 60/246,258 (Provisional I, DHHS ref. No. E-289-00/
0) 60/279,020 (Provisional II, DHHS ref. No. E-004-01/0), and 60/
280,016 (Provisional III, DHHS ref. No. E-004-01/1) combined and 
converted into a PCT application PCT/US01/44172, filed on 11/6/01, 
``Geldanamycin Derivatives Having Selective Affinity for HSP-90 and 
Methods for Using Same;'' and US Patent Application 60/280,078 (DHHS 
ref. No. E-050-00/1), ``Geldanamycin Derivatives and Method of Treating 
Cancer Using Same'', to Kosan Biosciences, Inc., having a place of 
business in Hayward, CA. The aforementioned patent rights have been 
assigned to the United States of America.

DATES: Only written comments and/or application for a license which are 
received by the NIH Office of Technology Transfer on or before May 3, 
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 to: Wendy R. Sanhai, Ph.D., Office of Technology 
Transfer, National Institutes of Health, 6011 Executive Boulevard, 
Suite 325, Rockville, MD 20852-3804; e-mail: [email protected]; 
Telephone: (301) 496-7056, ext. 244; Facsimile: (301) 402-0220.

SUPPLEMENTARY INFORMATION: These inventions describe and claim methods 
for the treatment of cancers. These methods utilize a class of 
compounds (Geldanamycin and derivatives thereof) as important 
inhibitors of HSP-90 and the HGF-SF-Met signaling pathway. Geldanamycin 
and its derivatives have been shown to inhibit HSP-90 chaperone 
function and down regulate of the expression of the Met receptor. 
Through these pathways these compounds have been implicated in the 
etiology of human cancers and the formation of secondary metastases.
    The field of use may be limited to pharmaceutical use as anti-
cancer agents in humans and animals.
    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: February 25, 2002.
Jack Spiegel,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer.
[FR Doc. 02-5028 Filed 3-1-02; 8:45 am]
BILLING CODE 4140-01-P