[Federal Register Volume 70, Number 1 (Monday, January 3, 2005)]
[Notices]
[Pages 96-97]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28686]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of an Exclusive License: ``Vasostatin as Marrow 
Protectant'' and ``Use of Calreticulin and Calreticulin Fragments To 
Inhibit Endothelial Cell Growth and Angiogenesis and Suppress Tumor 
Growth''

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 
part 404.7(a)(1)(i), announces that the Department of Health and Human 
Services is contemplating the grant of an exclusive license to practice 
the inventions embodied in U.S. Patent No. 6,596,690 B2 entitled 
``Vasostatin as Marrow Protectant'' (DHHS Reference E-230-2000/0); U.S. 
Patent Application No. 09/807,148 filed April 5, 2001, entitled ``Use 
of Calreticulin and Calreticulin fragments to inhibit endothelial cell 
growth and angiogenesis and suppress tumor growth'' (DHHS Reference E-
082-1998/0-US-03); PCT Application No. PCT/US99/23240 filed October 5, 
1999 entitled ``Use of Calreticulin and Calreticulin fragments to 
inhibit endothelial cell growth and angiogenesis and suppress tumor 
growth'' (DHHS Reference E-082-1998/0-PCT-02); to BioAccelerate, Inc., 
a venture capital group controlling the following twelve companies: 
Bioenvision, Enhance Biotech, Evolve Oncology, CNS Thera, Innova 
Lifestyle, Inncardio, Anvira, Neuro Bioscience, Biocardio, Oncbio, 
Innovative Oncology and Genar Oncology. The patent rights in these 
inventions have been assigned to the United States of America.
    The prospective exclusive license territory may be worldwide and 
the field of use may be limited to development and sale of a 
pharmaceutical product useful in protecting bone marrow stem cells from 
the toxic effects of chemotherapy and radiotherapy.

DATES: Only written comments and/or license applications which are 
received by the National Institutes of Health on or before March 4, 
2005 will be considered.

ADDRESSES: Requests for copies of the patent and/or patent 
applications, inquiries, comments and other materials relating to the 
contemplated exclusive license should be directed to: Mojdeh Bahar, 
J.D., Technology Licensing Specialist, Office of Technology Transfer, 
National Institutes of Health, 6011 Executive Boulevard, Suite 325, 
Rockville, MD 20852-3804. Telephone: (301) 435-2950; Facsimile: (301) 
402-0220; E-mail: [email protected].

SUPPLEMENTARY INFORMATION: The technology claimed in the aforementioned 
patents is based on the discovery of the calreticulin N-domain 
(vasostatin) and the three previously uncharacterized properties of 
calreticulin. First, calreticulin N-domain is shown to stimulate the 
proliferation and survival in vitro of hematopoietic cells in the 
presence of previously identified growth factors. Second, Vasostatin is 
shown to protect

[[Page 97]]

hematopoietic cells in vitro from toxicity induced by a variety of 
chemotherapeutic agents. Third, Vasostatin is shown to protect a 
subject from toxicity to the hematopoietic system induced by 
chemotherapy or irradiation.
    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 part 
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.
    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: December 20, 2004.
Steven M. Ferguson,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer, National Institutes of Health.
[FR Doc. 04-28686 Filed 12-30-04; 8:45 am]
BILLING CODE 4140-01-P