[Federal Register Volume 77, Number 33 (Friday, February 17, 2012)]
[Page 9678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3828]

[[Page 9678]]



National Institutes of Health

Prospective Grant of Exclusive License: Photosensitizing 
Antibody-Fluorophore Conjugates for Photo-Immunotherapy

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 404.7(a)(1)(i), that the National Institutes of Health (NIH), 
Department of Health and Human Services (HHS), is contemplating the 
grant of a worldwide exclusive evaluation option license, to practice 
the inventions embodied in US patent application 13/180,111, filed July 
11, 2011 (HHS Reference E-205-2010/0-US-02), originated from 
provisional application 61/363,079 filed July 09, 2010, and entitled 
``Photosensitizing Antibody Fluorophore Conjugates for Photo-
Immunotherapy'' to Aspyrian Therapeutics, Inc., a company incorporated 
under the laws of the State of Delaware, having its headquarters in San 
Diego, California. The United States of America is the assignee of the 
rights of the above inventions.
    The field of use may be limited to ``use of photosensitizing 
antibody-fluorophore conjugate for imaging and photo-immunotherapy of 
cancer'' and may be further limited to certain types of cancer and/or 
specific platforms.
    Upon the expiration or termination of the exclusive evaluation 
option license, Aspyrian Therapeutics, Inc. will have the right to 
execute an exclusive worldwide patent commercialization license which 
will supersede and replace the exclusive evaluation option license with 
the same field of use.

DATES: Only written comments and/or applications for a license received 
by the NIH Office of Technology Transfer on or before March 5, 2012 
will be considered.

ADDRESSES: Requests for a copy of the patent application, inquiries, 
comments and other materials relating to the contemplated license 
should be directed to: Uri Reichman, Ph.D., M.B.A., Office of 
Technology Transfer, National Institutes of Health, 6011 Executive 
Boulevard, Suite 325, Rockville, MD 20852-3804; Telephone: (301) 435-
4616; Facsimile: (301) 402-0220; Email: [email protected]. A signed 
confidentiality nondisclosure agreement will be required to receive 
copies of any patent applications that have not been published or 
issued by the United States Patent and Trademark Office or the World 
Intellectual Property Organization.

SUPPLEMENTARY INFORMATION: The present technology provides a novel 
method for cancer therapy which may offer improved specificity and 
sensitivity in cancer treatment. The method is based on molecular 
targeting. More specifically, it is based on photoimmunotherapy (PIT). 
The therapeutic agent is a targeted photosensitizer composed of a tumor 
specific antibody conjugated to IR700 dye, where the dye is sensitive 
to a near infrared light. Upon administration of the conjugated 
antibody to a subject, it specifically binds to the targeted cancerous 
tissue. Upon subsequent irradiation with a near infrared light, the dye 
releases energy that leads to the killing of the targeted cells. The 
concept was proven by the inventors in vitro and in vivo with mouse 
models, using humanized anti-HER1 (Panitumumab, for colon cancer), 
anti-HER2 (Trastuzumab, for breast cancer) and anti-PSMA antibody 
(huJ591, for prostate cancer). Targeted cells were completely killed 
while normal cells were not noticeably affected. The technology 
provides also for wearable LED systems that can be used to irradiate 
the photosensitizer.
    The prospective exclusive evaluation option license will comply 
with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7. The 
prospective exclusive evaluation option license may be granted unless, 
within fifteen (15) 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: February 13, 2012.
Richard U. Rodriguez,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer, National Institutes of Health.
[FR Doc. 2012-3828 Filed 2-16-12; 8:45 am]