[Federal Register Volume 71, Number 163 (Wednesday, August 23, 2006)]
[Notices]
[Page 49465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13935]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Co-Exclusive License: Method for Diagnosis 
of Atherosclerosis

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 404.7(a)(1)(i), that the National Institutes of Health (NIH), 
Department of Health and Human Services, is contemplating the grant of 
a worldwide co-exclusive license to practice the invention embodied in: 
PCT Application No. US2005/031469 filed 9/2/2005, titled ``Method for 
Diagnosis of Atherosclerosis'' referenced at DHHS as E-276-2004/2-PCT-
01 to Ortho-Clinical Diagnostics, Inc., having a place of business in 
the state of New Jersey. The field of use may be limited to an FDA 
approved clinical diagnostic product for atherosclerosis. The United 
States of America is the assignee of the patent rights in this 
invention. The territory may be worldwide. This announcement is the 
second Notice to grant a license to this technology. The initial Notice 
was published in 70 FR 39525, July 8, 2005.

DATES: Only written comments and/or application for a license, which 
are received by the NIH Office of Technology Transfer on or before 
October 23, 2006 will be considered.

ADDRESSES: Requests for a copy of the patent applications, inquiries, 
comments and other materials relating to the contemplated license 
should be directed to: Fatima Sayyid, Technology Licensing Specialist, 
Office of Technology Transfer, National Institutes of Health, 6011 
Executive Boulevard, Suite 325, Rockville, MD 20852-3804; telephone: 
(301) 435-4521; facsimile: (301) 402-0220; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: The subject PCT application is related to 
the field of vascular disease and biomarkers FOS and DUSP1 as expressed 
in peripheral blood or secreted into serum.
    The prospective co-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 co-exclusive license may be granted unless, 
within 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.
    Properly filed competing applications for a license filed in 
response to this notice will be treated as objections to the 
contemplated license. Comments and objections submitted in response 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: August 15, 2006.
Steven M. Ferguson,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer, National Institutes of Health.
[FR Doc. E6-13935 Filed 8-22-06; 8:45 am]
BILLING CODE 4140-01-P