[Federal Register Volume 77, Number 86 (Thursday, May 3, 2012)]
[Notices]
[Page 26304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10636]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: Development of Ocular 
Therapeutics Utilizing the Peptide C16Y and Related Peptides

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 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 ODIN Biotech, a Texas corporation, 
having a place of business in Dallas, Texas, to practice the inventions 
embodied in the patents and patent applications belonging to the patent 
family having HHS Reference Number E-008-2004/0. The exclusive license 
is one which qualifies under the Start-Up License Agreement program 
which is in place from October 1, 2011 through September 30, 2012. 
Specific details regarding the individual patents or patent 
applications which belong to this patent family are set forth in the 
table below:

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                                                Filing date or
   Patent application number        Country      international        Status        Publication or patent number
                                                  filing date
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PCT/US2004/04142...............  PCT                02/12/2004  Expired...........  WO 2005/087250
10/588,884.....................  US                 08/09/2006  Issued............  8,039,585 B2
2004317159.....................  AU                 02/12/2004  Issued............  2004317159 B2
2,555,792......................  CA                  2/12/2004  Pending...........  2555792 A1
04 710659.6....................  EP                  2/12/2004  Pending...........  1737479 A1
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    The patent rights in these inventions have been assigned to the 
United States of America.
    The prospective exclusive license territory may be ``worldwide'', 
and the field of use may be limited to ``use of C16Y and related 
peptides in the treatment of ocular disease.''

DATES: Only written comments and/or applications for a license which 
are received by the NIH Office of Technology Transfer on or before May 
18, 2012 will be considered.

FOR FURTHER INFORMATION CONTACT: Requests for copies of the patent 
application(s), inquiries, AND comments relating to the contemplated 
exclusive license should be directed to: Susan S. Rucker, JD, CLP, 
Senior Advisor for Intellectual Property Transactions, Office of 
Technology Transfer, National Institutes of Health, 6011 Executive 
Boulevard, Suite 325, Rockville, MD 20852-3804; Telephone: (301) 435-
4478; Facsimile: (301) 402-0220; Email: [email protected].

SUPPLEMENTARY INFORMATION: The technology encompassed by the patents 
and/or patent applications (IP) to be included in this exclusive 
license relates to a protein designated C16Y and variations thereof. 
C16Y is an engineered peptide derived from laminin gamma 1 chain having 
anti-angiogenic properties. The C16Y peptide is at least 5-fold more 
potent than the previously described C16S peptide and has been shown to 
inhibit choroidal neovascularization (CNV) in vivo and inhibit 
angiogenesis in a tumor bearing mouse model (see Ponce, et al Cancer 
Research 63: 5060-64 (2003)). The IP covers various C16Y compositions 
and uses thereof, particularly its use in treating ocular diseases.
    The prospective start up 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 start up exclusive license may be granted 
unless within fifteen (15) 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.
    Only applications for a license in the field of use set forth in 
this notice and filed in response to this notice will be treated as 
objections to the grant of the contemplated start up 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: April 27, 2012.
Richard U. Rodriguez,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer, National Institutes of Health.
[FR Doc. 2012-10636 Filed 5-2-12; 8:45 am]
BILLING CODE 4140-01-P