[Federal Register Volume 74, Number 96 (Wednesday, May 20, 2009)]
[Notices]
[Pages 23735-23736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11680]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: The Development of 
Thalidomide Analogs for the Treatment of Cancer

AGENCY: National Institutes of Health, Public Health Service, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

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 National Institutes of Health, 
Department of Health and Human Services, is contemplating the grant of 
an exclusive patent license to practice the inventions embodied in US 
Patent Application 60/792,098 entitled ``Tetrahalogenated Compounds 
Useful as Inhibitors'' [HHS Ref. E-080-2006/0-US-01], PCT Application 
PCT/US2007/008849 entitled ``Tetrahalogenated Compounds Useful as 
Inhibitors'' [HHS Ref. E-080-2006/0-PCT-02], Australian Patent 
Application 2007238785 entitled ``A New Series Of Thalidomide Analogs 
That Have Potent Anti-angiogenic Properties'' [HHS Ref. E-080-2006/0-
AU-03], Canadian Patent Application 2,648,216 entitled ``A New Series 
Of Thalidomide Analogs That Have Potent Anti-angiogenic Properties'' 
[HHS Ref. E-080-2006/0-CA-04], European Patent Application 07755201.6 
entitled ``A New Series Of Thalidomide Analogs That Have Potent Anti-
angiogenic Properties'' [HHS Ref. E-080-2006/0-EP-05], US Patent 
Application 12/287,597 entitled ``A New Series Of Thalidomide Analogs 
That Have Potent Anti-angiogenic Properties'' [HHS Ref. E-080-2006/0-
US-06], and all continuing patents, patent applications, and foreign 
counterparts thereto, to CuriRx, Inc., which has offices in Andover, 
Massachusetts. The patent rights in these inventions have been assigned 
to and/or exclusively licensed to the Government of the United States 
of America.
    The prospective exclusive license territory may be worldwide, and 
the field of use may be limited to:

    The use of Gu998 (Compound 19e), Gu973 (Compound 19f), Gu1029 
(Compound 20d) or Gu992 (Compound 20g) as cancer therapeutics.


[[Page 23736]]



DATES: Only written comments and/or applications for a license which 
are received by the NIH Office of Technology Transfer on or before July 
20, 2009 will be considered.

ADDRESSES: Requests for copies of the patent application, inquiries, 
comments, and other materials relating to the contemplated exclusive 
license should be directed to: David A. Lambertson, Ph.D., Senior 
Licensing and Patenting Manager, Office of Technology Transfer, 
National Institutes of Health, 6011 Executive Boulevard, Suite 325, 
Rockville, MD 20852-3804; Telephone: (301) 435-4632; Facsimile: (301) 
402-0220; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The invention concerns the use of 
tetrahalogenated thalidomide derivatives for the treatment of cancer. 
Thalidomide has been shown to be a potent inhibitor of angiogenesis 
(the formation of new blood vessels). The popular belief is that 
angiogenesis enhances tumor formation by providing tumors with 
increased nutrients, allowing their sustained growth. However, 
thalidomide is a natural teratogen that can cause severe birth defects, 
and has a propensity towards causing neotropenia and deep venous 
thrombosis in recipients of the drug. This led researchers to seek out 
safer derivatives of thalidomide that retain an anti-cancer activity. 
The tetrahalogenated derivatives disclosed by this technology may 
represent both a safer alternative to thalidomide and potentially a 
more successful alternative to the angiogenesis inhibitors currently 
being clinically tested.
    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 12, 2009.
Richard U. Rodriguez,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer, National Institutes of Health.
[FR Doc. E9-11680 Filed 5-19-09; 8:45 am]
BILLING CODE 4140-01-P