[Federal Register Volume 74, Number 154 (Wednesday, August 12, 2009)]
[Notices]
[Page 40576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19298]


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DEPARTMENT OF ENERGY


APOGEE Medical, LLC

AGENCY: Department of Energy.

ACTION: Notice of intent to grant exclusive patent license.

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SUMMARY: Notice is hereby given with an intent to grant to APOGEE 
Medical, LLC of Atlanta, Georgia, an exclusive license to practice the 
inventions described in U.S. Patent No. 5,413,596, entitled ``Digital 
Electronic Bone Growth Stimulator.'' The inventions are owned by the 
United States of America, as represented by the U.S. Department of 
Energy (DOE).

DATES: Written comments or nonexclusive license applications are to be 
received at the address listed below no later than August 27, 2009.

ADDRESSES: Office of the Assistant General Counsel for Technology 
Transfer and Intellectual Property, U.S. Department of Energy, 1000 
Independence Ave., SW., Washington, DC 20585.

FOR FURTHER INFORMATION CONTACT: Annette R. Reimers, Office of the 
Assistant General Counsel for Technology Transfer and Intellectual 
Property, U.S. Department of Energy, Forrestal Building, Room 6F-067, 
1000 Independence Ave., SW., Washington, DC 20585; Telephone (202) 586-
3815.

SUPPLEMENTARY INFORMATION: 35 U.S.C. 209 provides Federal agencies with 
authority to grant exclusive licenses in federally-owned inventions, 
if, among other things, the agency finds that the public will be served 
by the granting of the license. The statute requires that no exclusive 
license may be granted unless public notice of the intent to grant the 
license has been provided, and the agency has considered all comments 
received in response to that public notice before the end of the 
comment period.
    APOGEE Medical, LLC of Atlanta, Georgia has applied for an 
exclusive license to practice the inventions embodied in U.S. Patent 
No. 5,413,596 and has plans for commercialization of the inventions. 
The exclusive license will be subject to a license and other rights 
retained by the U.S. Government and other terms and conditions to be 
negotiated. DOE intends to negotiate to grant the license, unless, 
within 15 days of this notice, the Assistant General Counsel for 
Technology Transfer and Intellectual Property, Department of Energy, 
Washington, DC 20585, receives in writing any of the following, 
together with supporting documents:
    (i) A statement from any person setting forth reason why it would 
not be in the best interests of the United States to grant the proposed 
license; or
    (ii) An application for a nonexclusive license to the invention in 
which applicant states that it already has brought the invention to 
practical application or is likely to bring the invention to practical 
application expeditiously.
    The Department will review all timely written responses to this 
notice and will proceed with negotiating the license if, after 
consideration of written responses to this notice, a finding is made 
that the license is in the public interest.

    Issued in Washington, DC, on August 6, 2009.
Paul A. Gottlieb,
Assistant General Counsel for Technology Transfer and Intellectual 
Property.
[FR Doc. E9-19298 Filed 8-11-09; 8:45 am]
BILLING CODE 6450-01-P