[Federal Register Volume 72, Number 109 (Thursday, June 7, 2007)]
[Notices]
[Pages 31590-31591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10963]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: Food Quality Indicator 
Device

AGENCY: Food and Drug Administration, 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 Food and Drug Administration, 
Department of Health and Human Services, is contemplating the grant of 
an exclusive patent license to practice the invention embodied in U.S. 
Patent 7,014,816, issued March 21, 2006, entitled ``Food Quality 
Indicator Device'' [E-093-1997/0-US-03] and foreign counterparts; to 
Litmus, LLC, having a place of business in Little Rock, AR. 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 manufacture, use, distribution 
and sale of the Food Quality Indicator Device as claimed in the 
licensed patent rights.

DATES: Only written comments and/or applications for a license which 
are received by the NIH Office of Technology Transfer on or before 
August 6, 2007 will be considered.

ADDRESSES: Requests for copies of the patent application, inquiries, 
comments,

[[Page 31591]]

and other materials relating to the contemplated exclusive license 
should be directed to: Adaku Nwachukwu, J.D., Technology Licensing 
Specialist, Office of Technology Transfer, National Institutes of 
Health, 6011 Executive Boulevard, Suite 325, Rockville, MD 20852-3804; 
Telephone: (301) 435-5560; Facsimile: (301) 402-0220; E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: The technology relates to an effective way 
to monitor food quality and freshness in real time. The major factor 
for food spoilage is the release of volatile bases due to the action of 
enzymes contained within the food or produced by microorganisms, such 
as bacteria, yeasts and molds growing in the food. The rate of release 
of such bases depends on food's storage history. In this technology, a 
reactive dye locked in a water-repellent material reacts with the bases 
released during food decomposition, and changes color. Thus a rapid and 
informed decision can be made about quality of food and its shelf life 
under the storage conditions used. Since the detection is based on 
biological processes that are the root cause for food spoilage, these 
indicators are much more reliable.
    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: May 21, 2007.
Steven M. Ferguson,
Director, Division of Technology Development and Transfer,Office of 
Technology Transfer,National Institutes of Health.
 [FR Doc. E7-10963 Filed 6-6-07; 8:45 am]
BILLING CODE 4140-01-P