[Federal Register Volume 69, Number 165 (Thursday, August 26, 2004)]
[Notices]
[Pages 52514-52515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19538]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: Development of Antibody-
Based Therapeutics That Specifically Bind the Platelet-Derived Growth 
Factor Receptor Alpha (CD140A/PDGFR2/PDGFRA)

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 inventions embodied in 
any or all of (a) U.S. patents 5,468,468 (11/21/1995); 5,833,986 (11/
10/1998); 5,863,739 (01/26/1999); 5,965,359 (10/12/1999); 6,228,600 
(05/08/2001) and 6,660,488 (12/09/2003), (b) U.S. patent applications 
07/308,282 (02/09/1989, now abandoned), 07/915,884 (7/20/1992, now 
abandoned), 08/439,095 (05/11/1995, pending), 10/700,249 (11/03/2003, 
pending) and (c) foreign applications corresponding to PCT Patent 
Application PCT/US90/00617 entitled ``Type Alpha Platelet Derived 
Growth Factor Receptor Gene'', published as WO 90/10013 (9/7/1990) to 
ImClone Systems Incorporated of New York, New York.
    The prospective exclusive license may be limited to the development 
of compositions and methods of utilizing antibody-based products that 
specifically bind the alpha platelet-derived growth factor receptor 
([alpha]-PDGFR/CD140a/PDGFRA/PDGF2/PDGFR-[alpha]), for the treatment of 
cancer.

DATES: Only written comments and/or applications for a license which 
are received by NIH on or before October 25, 2004 will be considered.

ADDRESSES: Requests for a copy of these patent applications, inquiries, 
comment and other materials relating to the contemplated license should 
be directed to Susan S. Rucker, Esq., Technology Licensing Specialist, 
Office of Technology Transfer, National Institutes of Health, 6011 
Executive Boulevard,

[[Page 52515]]

Suite 325, Rockville, Maryland 20852-3804; telephone: 301/435-4478; 
fax: 301/402-0220. A signed Confidentiality Agreement (CDA) will be 
required to receive copies of the patent applications.

SUPPLEMENTARY INFORMATION: The patents and patent applications describe 
and claim compositions and methods that incorporate or are derived from 
the molecule known as alpha platelet derived growth factor receptor 
([alpha]-PDGFR). [alpha]-PDGFR is also known as CD140a/PDGFRA/PDGF2/
PDGFR-[alpha]. PDGFR-[alpha] is a type III receptor tyrosine kinase 
characterized by an extracellular domain having five IgG-like domains, 
a transmembrane domain and a catalytic intracellular domain. Research 
suggests it has autocrine and paracrine signaling capability. PDGFRA 
expression and signaling have been linked to tumorigenesis and its 
activity, although not always coupled with over-expression, has been 
implicated in a number of cancers including lung cancer, ovarian 
cancer, prostate cancer, glioblastoma and melanoma.
    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. 
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 (i.e., a completed ``Application for 
License to Public Health Service Inventions'') in the indicated 
exclusive field of use filed in response to this notice will be treated 
as objections to the grant of the contemplated license. Comments and/or 
objections filed in response to the notices of January 27, 1993 [58 FR 
6287] and February 15, 1994 [59 FR 7259] are not considered responsive 
to this notice and will not be treated as objections thereto. Comments 
and objections will not be made available for public inspection and, to 
the extent permitted by law, will not be subject to disclosure under 
the Freedom of Information Act 5 U.S.C. 552.

    Dated: August 18, 2004.
Steven M. Ferguson,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer.
[FR Doc. 04-19538 Filed 8-25-04; 8:45 am]
BILLING CODE 4140-01-P