[Federal Register Volume 71, Number 54 (Tuesday, March 21, 2006)]
[Notices]
[Pages 14231-14232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4074]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: The Use of HMG-CoA 
Inhibitors for the Treatment of Adenocarcinomas and Ewing's Sarcoma

AGENCY: National Institutes of Health, Public Health Service, HHS.

ACTION: Notice.

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SUMMARY: This is 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 (NIH), 
Department of Health and Human Services (HHS), is contemplating the 
grant of an exclusive patent license to practice the inventions 
embodied in U.S. Patent No. 6,040,334 issued March 21, 2000, entitled 
``Use of Inhibitors of 3-Hydroxy-3-Methylglutaryl Coenzyme A reductase 
as a Modality in Cancer Therapy'' [HHS Reference E-146-1992/0-US-23] 
and related foreign applications to Nascent Oncology, Inc., which has 
offices in Chapel Hill, North Carolina. The patent rights in these 
inventions have been assigned and/or exclusively licensed to the 
Government of the United States of America.

[[Page 14232]]

    The prospective exclusive license territory may be worldwide, and 
the field of use may be limited to the treatment of adenocarcinoma and 
Ewing's sarcoma with HMG-CoA inhibitors.

DATES: Only written comments and/or applications for a license which 
are received by the NIH Office of Technology Transfer on or before May 
22, 2006 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: David A. Lambertson, PhD, 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; E-
mail: [email protected].

SUPPLEMENTARY INFORMATION: The technology relates to the treatment of 
adenocarcinomas and Ewing's sarcoma with HMG-CoA inhibitors. 
Adenocarcinoma affects the inner lining or inner surface of a number of 
organs, and is responsible for approximately 95% of prostate cancers, 
over 75% of pancreatic cancers, and is the most common form of lung 
cancer. Ewing's sarcoma is a bone tumor typically attacking the long 
bones. Current methods of treating these cancers include surgery, 
chemotherapy, radiation therapy or a combination thereof.
    The current technology involves the use of HMG-CoA inhibitors (such 
as lovastatin or simvastatin) to treat adenocarcinomas and Ewing's 
sarcoma. HMG-CoA inhibitors have been approved for use in the treatment 
of high cholesterol in humans, with typical doses of 10mg, 20mg or 
40mg. This technology recommends using higher doses (based on the 
weight of the patient) for the treatment of cancer.
    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: March 13, 2006.
Steven M. Ferguson,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer, National Institutes of Health.
 [FR Doc. E6-4074 Filed 3-20-06; 8:45 am]
BILLING CODE 4140-01-P