[Federal Register Volume 68, Number 135 (Tuesday, July 15, 2003)]
[Notices]
[Page 41835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17865]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: ``Modulating IL-13 
Activity Using Mutated IL-13 Molecules That Are Antagonists or Agonists 
of IL-13'', PCT Application PCT/US00/31044

AGENCY: National Institutes of Health and Food and Drug Administration, 
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 Food and Drug Administration and the 
Department of Health and Human Services is contemplating the grant of 
an exclusive license to practice the inventions embodied in PCT 
application PCT/US00/31044, entitled ``Modulating IL-13 Activity Using 
Mutated IL-13 Molecules that are Antagonists or Agonists of IL-13'', 
which was filed on November 10, 2000, to Lee's Pharmaceutical Holdings, 
Limited, which is incorporated in Hong Kong. The patent rights in these 
inventions have been assigned to the United States of America.
    The prospective exclusive license territory will be China, Taiwan 
and Hong Kong and the field of use may be limited to therapy for asthma 
and other immunological disorders.

DATES: Only written comments and/or license applications that are 
received by the National Institutes of Health on or before September 
15, 2003 will be considered.

ADDRESSES: Requests for copies of the patent, inquiries, comments and 
other materials relating to the contemplated exclusive license should 
be directed to: Brenda J. Hefti, Technology Licensing Specialist, 
Office of Technology Transfer, National Institutes of Health, 6011 
Executive Boulevard, Suite 325, Rockville, MD 20852-3804. Telephone: 
(301) 435-4632; Facsimile: (301) 402-0220; and E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: 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 sixty (60) days from the date of this published 
notice, the NIH receives written evidence and argument that establish 
that the grant of the license would not be consistent with the 
requirements of 35 U.S.C. 209 and 37 CFR part 404.7.
    The technology claimed in the issued patent relates to mutated 
forms of IL-13, either agonists or antagonists, which have higher 
binding affinity for the IL-13 receptor than does wild-type IL-13. The 
application also claims therapeutic uses of these mutated forms of IL-
13, and their use as targeting moieties.
    Applications for a license in the field of use filed in response to 
this notice will be treated as objections to the grant of the 
contemplated exclusive license. Comments and objections submitted 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: July 8, 2003.
Steven M. Ferguson,
Acting Director, Division of Technology Development and Transfer, 
Office of Technology Transfer.
[FR Doc. 03-17865 Filed 7-14-03; 8:45 am]
BILLING CODE 4140-01-P