[Federal Register Volume 73, Number 164 (Friday, August 22, 2008)]
[Notices]
[Page 49691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19463]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: The Development of 
Inmunotoxins as Therapeutics for Focal Muscle Spasms

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)(l) and 37 
CFR part 404.7(a)(l)(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 invention embodied in 
issued U.S. Patent 6,780,413 entitled ``Immunotoxin (MAB-Ricin) for the 
Treatment of Focal Movement Disorders'' [HHS Ref. E-132-1996/0-US-04] 
to Aphrodite Therapeutics, Inc., which has offices in Vancouver, 
Canada. This patent has been assigned to the Government of the United 
States of America. There are no foreign patents or patent applications 
associated with this technology. There are no other U.S. Patents or 
Patent Applications associated with this technology.
    The prospective exclusive license territory may be worldwide, and 
the field of use maybe limited to the development and sale of antibody 
conjugated toxins targeting the nicotinic acetylcholine receptors for 
therapeutic treatment of focal muscle spasms, 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 
October 21, 2008 will be considered.

ADDRESSES: Requests for copy of the patent, inquiries, comments, and 
other materials relating to the contemplated exclusive license should 
be directed to: Betty B. Tong, PhD, Technology Licensing Specialist, 
Office of Technology Transfer, National Institutes of Health, 6011 
Executive Boulevard, Suite 325, Rockville, MD 20852-3804; Telephone: 
(301) 594-6565; Facsimile: (301) 402-0220; E-mail: [email protected].

SUPPLEMENTARY INFORMATION: The invention describes immunotoxins and 
methods of using the immunotoxins for the treatment of focal muscle 
spasms. A specific immunotoxin covered by this technology is MAB-Ricin. 
The immunotoxins are targeted via an antibody that is specific to 
acetylcholine receptors present in large numbers on the muscle side of 
the neuromuscular junction, allowing the specific destruction of muscle 
cells.
    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 part 
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 part 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: August 14, 2008.
Richard U. Rodriguez,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer, National Institutes of Health.
 [FR Doc. E8-19463 Filed 8-21-08; 8:45 am]
BILLING CODE 4140-01-P