[Federal Register Volume 70, Number 133 (Wednesday, July 13, 2005)]
[Notices]
[Pages 40385-40386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13804]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
Prospective Grant of Exclusive License: Mesothelin, a
Differentiation Antigen Present on Mesothelium, Mesotheliomas and
Ovarian Cancers and Methods and Kits for Targeting
AGENCY: National Institutes of Health, Public Health Service, HHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice, in accordance with 35 U.S.C. 209(c)(1) and 37 CFR
part 404.7(a)(1)(i), that the National Institutes of Health, Department
of Health and Human Services, is contemplating the grant of an
exclusive patent license to practice the inventions embodied in U.S.
Patent Application No. 60/010,166, filed January 5, 1996, entitled
``Mesothelin, A Differentiation Antigen Present On Mesothelium,
Mesotheliomas And Ovarian Cancers And Methods And Kits For Targeting''
[E-002-1996/0-US-01]; United States Patent No. 6,153,430, issued on
November 28, 2000, entitled ``Nucleic Acid Encoding Mesothelin, A
Differentiation Antigen Present On Mesothelium, Mesotheliomas And
Ovarian Cancers'' [E-002-1996/0-US-02]; United States Patent
Application No. 09/684,599, filed October 5, 2000, entitled
``Mesothelin, A Differentiation Antigen Present On Mesothelium,
Mesotheliomas And Ovarian Cancers And Methods And Kits For Targeting''
(E-002-1996/0-US-03); United States Patent No. 6,083,502, issued on
July 4, 2000, entitled ``Mesothelium Antigen And Methods And Kits For
Targeting It'' [E-002-1996/1-US-02]; PCT Application No. PCT/US97/
00224, filed January 3, 1997, entitled ``Mesothelium Antigen And
Methods And Kits For Targeting It'' [E-002-1996/1-PCT-01]; Australian
Patent No. 703769, filed January 3, 1997, entitled ``Mesothelium
Antigen And Methods And Kits For Targeting It'' [E-002-1996/1-AU-03];
Canadian Patent No. 2241604, filed January 3, 1997, entitled
``Mesothelium Antigen And Methods And Kits For Targeting It'' [E-002-
1996/1-CA-04]; Japanese Patent Application No. 9-525355, filed January
3, 1997, entitled ``Mesothelium Antigen And Methods And Kits For
Targeting It'' [E-002-1996/1-JP-06]; European Patent No. 0871492, filed
January 3, 1997, entitled ``Mesothelium Antigen And Methods And Kits
For Targeting It'' [E-002-1996/1-EP-05]; Switzerland Patent Application
No. 0871492, filed January 3, 1997, entitled ``Mesothelium Antigen And
Methods And Kits For Targeting It'' [E-002-1996/1-CH-07]; German Patent
No. 69726404.1, filed January 3, 1997, entitled ``Mesothelium Antigen
And Methods And Kits For Targeting It'' (E-002-1996/1-DE-08); French
Patent Application No. 0871492, filed January 3, 1997, entitled
``Mesothelium Antigen And Methods And Kits For Targeting It'' [E-002-
1996/1-FR-09]; Italian Patent No. 05503/BE/2004, January 3, 1997,
entitled ``Mesothelium Antigen And Methods And Kits For Targeting It''
[E-002-1996/1--T-10]; Spanish Patent No. 0871492, filed January 3,
1997, entitled ``Mesothelium Antigen And Methods And Kits For Targeting
It'' [E-002-1996/1-ES-11]; United Kingdom Patent No.
[[Page 40386]]
0871492, filed January 3, 1997, entitled ``Mesothelium Antigen And
Methods And Kits For Targeting It'' [E-002-1996/1-GB-12]; United States
Patent No. 5,320,956, issued June 14, 1996, entitled ``Monoclonal
Antibody'' [E-195-1990/0-US-20]; United States Patent No. 5,525,337,
issued June 11, 1996, entitled ``Monoclonal Antibody Binding Cell
Surface Antigen For Diagnosing Cancer'' [E-195-1990/0-US-21]; United
States Patent No. 5,817,313, issued October 6, 1998, entitled
``Monoclonal Antibodies And Conjugates Thereof Useful For The Treatment
Of Cancer'' [E-195-1990/0-US-22]; PCT Patent Application No. PCT/US91/
07227, filed October 9, 1991, entitled ``Monoclonal Antibody'' [E-195-
1990/0-PCT-02]; Denmark Patent No. 0554356, filed October 9, 1991,
entitled ``Monoclonal Antibody'' [E-195-1990/0-DK-03]; United Kingdom
Patent No. 0554356, filed October 9, 1991, entitled ``Monoclonal
Antibody'' [E-195-1990/0-GB-04]; Austrian Patent No. 0554356, filed
October 9, 1991, entitled ``Monoclonal Antibody'' [E-195-1990/0-AT-05];
Belgium Patent No. 0554356, filed October 9, 1991, entitled
``Monoclonal Antibody'' [E-195-1990/0-BE-06]; European Patent No.
0554356, filed October 9, 1991, entitled ``Monoclonal Antibody'' [E-
195-1990/0-EP-09]; French Patent No. 0554356, filed October 9, 1991,
entitled ``Monoclonal Antibody'' [E-195-1990/0-FR-11]; German Patent
No. 0554356, filed October 9, 1991, entitled ``Monoclonal Antibody''
[E-195-1990/0-DE-08]; Greece Patent No. 0554356, filed October 9, 1991,
entitled ``Monoclonal Antibody'' [E-195-1990/0-GR-12]; Netherlands
Patent No. 0554356, filed October 9, 1991, entitled ``Monoclonal
Antibody'' [E-195-1990/0-NL-15]; Italian Patent No. 0554356, filed
October 9, 1991, entitled ``Monoclonal Antibody'' [E-195-1990/0-IT-13];
Luxembourg Patent No. 0554356, filed October 9, 1991, entitled
``Monoclonal Antibody'' [E-195-1990/0-LU-14]; Spanish Patent No.
0554356, filed October 9, 1991, entitled ``Monoclonal Antibody'' [E-
195-1990/0-ES-10]; Sweden Patent No. 0554356, filed October 9, 1991,
entitled ``Monoclonal Antibody'' [E-195-1990/0-SE-16]; Switzerland
Patent No. 0554356, filed October 9, 1991, entitled ``Monoclonal
Antibody'' [E-195-1990/0-CH-07]; Australian Patent No. 648363, filed
October 9, 1991, entitled ``Monoclonal Antibody'' [E-195-1990/0-AU-17];
Canadian Patent No. 2093928, filed October 9, 1991, entitled
``Monoclonal Antibody'' [E-195-1990/0-CA-18]; and Japanese Patent No.
2660241, filed October 9, 1991, entitled ``Monoclonal Antibody'' [E-
195-1990/0-JP-19] to Morphotek, Inc., which has offices in Exton,
Pennsylvania. 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 the use of licensee's MORAb-009
antibody for the treatment of mesothelin-expressing cancer.
DATES: Only written comments and/or applications for a license which
are received by the NIH Office of Technology Transfer on or before
September 12, 2005 will be considered.
ADDRESSES: Requests for copies of the patent application, inquiries,
comments, and other materials relating to the contemplated exclusive
license should be directed to: Jesse S. Kindra, J.D., M.S., Technology
Licensing Specialist, Office of Technology Transfer, National
Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville,
MD 20852-3804; Telephone: (301) 435-5559; Facsimile: (301) 402-0220; E-
mail: [email protected].
SUPPLEMENTARY INFORMATION: The technology relates to CAK1, or
``mesothelin'', which is an antigen present on the cell surface in
mesothelium and on many mesotheliomas and ovarian cancers. While the
role of this differentiation antigen has not yet been determined, it is
postulated that it may be implicated in adhesion and in the
dissemination of mesotheliomas and of ovarian cancers. CAK1, therefore,
is a potential target for monoclonal antibodies to be used in the
diagnosis and treatment of these cancers. The gene for CAK1 has been
cloned and sequenced, as embodied in the current technology. This
technology, therefore, should provide a valuable research tool for use
in the development of diagnostics and/or therapeutic agents toward
mesotheliomas and ovarian cancers.
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 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 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 1, 2005.
Steven M. Ferguson,
Director, Division of Technology Development and Transfer, Office of
Technology Transfer, National Institutes of Health.
[FR Doc. 05-13804 Filed 7-12-05; 8:45 am]
BILLING CODE 4140-01-P