[Federal Register Volume 67, Number 178 (Friday, September 13, 2002)]
[Notices]
[Pages 58067-58068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23335]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: ``Laser Capture 
Microdissection (LCM) for Cellular Protein Analysis''

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

ACTION: Notice.

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SUMMARY: This is a public 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 inventions 
embodied in:

    U.S. Patent Application No. 09/913,667, filed August 16, 2001, 
and PCT Application No. PCT/US00/04023, filed February 16, 2000, 
``Methods and Devices for Isolation and Analysis of Cellular Protein 
Content'' by Liotta, Petricoin, Simone, and Emmert-Buck (NIH 
Reference Numbers E-261-98/0, 1, 2)

to EntPharma, Inc., having a place of business in Rockville, Maryland.
    The United States of America is the assignee to the patent rights 
of these inventions.
    The contemplated limited term exclusive license may be restricted 
to the field of providing in-house commercial services for drug design 
using reverse phase protein microarrays, for non-cancer indications 
only. The field may further include a co-exclusive commercial license 
limited to the licensee and a fixed number of co-exclusive licensees, 
for diagnostic products and services using reverse phase protein 
microarrays, for non-cancer indications.

DATES: Only written comments and/or applications for a license that are 
received by the NIH Office of Technology Transfer on or before November 
12, 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: Dale D. Berkley, Ph.D., J.D. Technology 
Licensing Specialist, Office of Technology Transfer, National 
Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, 
MD 20852-3804; Telephone: (301) 496-7735, ext. 223; Facsimile: (301) 
402-0220; e-mail: [email protected]. A signed Confidential Disclosure 
Agreement will be required to receive copies of the patent application.

SUPPLEMENTARY INFORMATION: The invention is a method and device for the 
analysis of cell samples where the samples are pure populations or 
subpopulations of desired types. Laser Capture Microdissection (LCM) is 
used in this invention to retrieve cells of interest from a tissue 
sample, which permits proteomic analysis on cells of different 
populations. The proteins in the micro-dissected cells are subjected to 
various analytic processes, such as immunoassays, 1D and 2D 
electrophoresis characterization, Western blotting, Matrix Assisted 
Desorption/Ionization/Time of Flight (MALDI/TOF), Liquid Chromatography 
Quadrapole Ion Trap Electrospray (LCQ-MS), and Surface Enhanced Laser 
Desorption Ionization Spectroscopy (SELDI). These methods allow for 
convenient and direct comparison of qualitative and quantitative 
protein

[[Page 58068]]

content of diseased cells and normal cells from the same tissue sample.
    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: September 6, 2002.
Jack Spiegel,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer.
[FR Doc. 02-23335 Filed 9-12-02; 8:45 am]
BILLING CODE 4140-01-P