[Federal Register Volume 73, Number 219 (Wednesday, November 12, 2008)]
[Notices]
[Pages 66916-66917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26788]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: Non-Invasive Diabetes 
Diagnostics

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), a 
federal agency under the Department of Health and Human Services, is 
contemplating the grant of an exclusive worldwide license to practice 
the invention embodied in HHS Ref. Nos. E-091-1998 ``Method For Non-
Invasive Identification Of Individuals At Risk For Diabetes;'' U.S. 
Patent No. 6,721,583; and HHS Ref. No. E-079-1998 ``Optical Fiber Probe 
and Methods for Measuring Optical Properties;'' U.S. Patent No. 
6,678,541; to Eyelight Diagnostics, Inc., a corporation formed under 
the laws of the state of Connecticut and having a principle place of 
business therein. The United States of America is the assignee of the 
patent rights in the above inventions.
    The contemplated exclusive license may be granted in a field of use 
limited to devices and integrated systems for non-invasive ocular 
clinical diagnostics for diabetes.

DATES: Only written comments and/or applications for a license received 
by the NIH Office of Technology Transfer on or before January 12, 2009 
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: Michael A. Shmilovich, Esq., Office of 
Technology Transfer, National Institutes of Health, 6011 Executive 
Boulevard, Suite 325, Rockville, MD 20852-3804; Telephone: (301) 435-
5019; Facsimile: (301) 402-0220; E-mail: [email protected]. A 
signed confidentiality nondisclosure agreement may be required to 
receive copies of the patent applications.

[[Page 66917]]


SUPPLEMENTARY INFORMATION: The patent applications intended for 
licensure disclose and/or cover the following:

E-079-1998 ``Method For Non-Invasive Identification of Individuals at 
Risk for Diabetes''

    The invention describes a fiber optic probe assembly and methods of 
using the probe for both medical diagnostic and industrial 
applications. This device consists of a single light delivery source in 
combination with an array of light detector fibers. In use, the 
assembly has the ability to simultaneously acquire data from a variety 
of source/detector separations. The entire data set is saved in a 
format, for use with an appropriate mathematical model of light 
transport, to deduce optical properties of the test sample. The 
properties may be associated with the technique known as ``optical 
biopsy'' for diagnostic purposes. Industrial applications where a 
turbid mixture requires analysis can also employ the disclosed device 
and methods. Examples of some industrial uses would be manufacturing 
processes associated with pharmacology, food processing, and emulsion 
technology.

E-091-1998 ``Optical Fiber Probe and Methods for Measuring Optical 
Properties''

    The invention pertains to a non-invasive technique for the 
detection of ocular pathologies, including molecular changes associated 
with diabetes. Raman spectra emitted from the eye that is subject to a 
laser probe provides information regarding early markers of diabetes or 
diabetes-induced ocular pathologies. The invention compares spectra 
taken from the subject under study to spectra from a normal subject. 
Multivariate statistical methods are used to obtain predictive 
information based on the detected spectra, and to diagnose or predict 
the onset or stage of progression of diabetes-induced ocular pathology.
    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, 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: November 3, 2008.
Richard U. Rodriguez,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer, National Institutes of Health.
 [FR Doc. E8-26788 Filed 11-10-08; 8:45 am]
BILLING CODE 4140-01-P