[Federal Register Volume 67, Number 230 (Friday, November 29, 2002)]
[Notices]
[Pages 71187-71188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30230]


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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: [email protected].

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