[Federal Register Volume 68, Number 31 (Friday, February 14, 2003)]
[Notices]
[Pages 7576-7577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3616]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes Of Health


Prospective Grant of Exclusive License: Vaccines Against 
Rotavirus Disease

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 world-wide license to practice the invention embodied USPN 
4,704,275, USPN 4,751,080 (``Vaccine Against Rotavirus Disease'' and 
USPN 4,571,385 (``Genetic Re-assortment Of Rotaviruses For Production 
Of Vaccines And Vaccine Precursors'') and foreign patent applications 
or other related materials to BIOVIRx, Inc. of Shoreview, MN. The 
rights to this invention have been assigned to the United States of 
America.

DATES: Only written comments and/or applications for a license which 
are received by NIH on or before April 15, 2003 will be considered.

ADDRESSES: Requests for a copy of a license application, inquiries, 
comments and other materials relating to the contemplated license 
should be directed to: Steven M. Ferguson, Deputy Director, Division of 
Technology Development and Transfer, Office of Technology Transfer, 
National Institutes of Health, 6011 Executive Boulevard, Suite 325, 
Rockville, MD 20852; Telephone: (301) 435-5561; Facsimile: (301) 402-
0220; E-mail: [email protected].

SUPPLEMENTARY INFORMATION: U.S. Patents 4,704,275 and 4,751,080 
describe a live, attenuated serotype 3 rhesus rotavirus (or 
reassortments thereof) suitable for prevention of rotavirus disease in 
humans. U.S. Patent 4,571,385 describes methods of producing a human 
rotavirus vaccine based upon the re-assortment of human and non-human 
rotavirus 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. 
It is anticipated that this license may be limited to the field of 
immunoprophylactic protection against rotavirus disease.
    This prospective exclusive license may be granted unless within 
sixty (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.
    Applications for a license filed in response to this notice will be 
treated as objections to the grant of 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.


[[Page 7577]]


    Dated: January 29, 2003.
Jack Spiegel,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer.
[FR Doc. 03-3616 Filed 2-13-03; 8:45 am]
BILLING CODE 4140-01-P