[Federal Register Volume 71, Number 184 (Friday, September 22, 2006)]
[Notices]
[Pages 55504-55505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8083]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of an Option to a Co-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, 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 
an option to a co-exclusive commercialization 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 AstraZeneca Pharmaceuticals LP having a 
principal place of business in Boston, MA.
    The prospective option to a co-exclusive license will have a 
Licensed Territory which is worldwide. The prospective option to the 
co-exclusive license will have a Field of Use 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 and diagnostics specifically useful therewith. 
Only a single option to a co-exclusive license will be granted. This 
notice modifies the notice previously published at FR 69(165): 52514-15 
(August 26, 2004).

DATES: Only written comments and/or applications for a license which 
are received by NIH within sixty (60) days of this notice will be 
considered. Comments and/or objections filed in response to the notices 
of January 27, 1993, February 15, 1994 and August 26, 2004 are not 
considered responsive to

[[Page 55505]]

this notice and will not be treated as objections thereto.

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., Senior Technology Licensing 
Specialist, Office of Technology Transfer, National Institutes of 
Health, 6011 Executive Boulevard, Suite 325, Rockville, Maryland 20852-
3804; telephone: 301/435-4478; fax: 301/402-0220; or e-mail: 
[email protected]. A signed Confidentiality Agreement (CDA) will be 
required to receive copies of the patent applications not otherwise 
publicly available. Interested parties may obtain copies of U.S. 
patents and pending U.S. patent applications at http://www.uspto.gov. 
European patents and patent applications as well as other international 
patent documents are available at: http://www.epoline.org. Information 
on Canadian Patents is available at: http://patents1.ic.gc.ca/.

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 
characterised 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 option to a 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. This prospective option to a co-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 option to a co-exclusive 
license. 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: September 18, 2006.
Steven M. Ferguson,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer, National Institutes of Health.
[FR Doc. 06-8083 Filed 9-21-06; 8:45 am]
BILLING CODE 4140-01-P