[Federal Register Volume 78, Number 66 (Friday, April 5, 2013)]
[Notices]
[Pages 20671-20672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07907]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of A Start-Up Commercialization Exclusive 
License: The Development of Fenoterol Analogues for the Treatment of 
Brain and Hepatocellular Cancers

AGENCY: National Institutes of Health, 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, Department 
of Health and Human Services, is contemplating the grant to Nova 
Therapeutics LLC of a start-up exclusive commercialization license to 
practice the inventions embodied in the following US Provisional Patent 
Application (and all domestic and foreign counterparts claiming 
priority to it): Serial No. 61/651,961, filed May 25, 2012, entitled, 
``Methods of Regulating Cannabinoid Receptor Activity-related Disorders 
and Diseases'' [HHS Ref. E-139-2012/0-US-01]. The patent rights in this 
invention have been assigned to the Government of the United States of 
America.
    The prospective start-up exclusive commercialization license 
territory may be worldwide, and the field of use may be limited to:

    A worldwide exclusive license to the Patent Rights for research, 
development, manufacture, distribution, sale, and use in humans for 
the treatment of brain cancer or hepatocellular cancer within the 
Licensed Territory, exclusive of (R,R')-4'-methoxy-1-
napthylfenoterol (MNF), (R,S')-4'-methoxy-1-napthylfenoterol, 
(R,R')-ethylMNF, (R,R')-napthylfenoterol, (R,S')-napthylfenoterol, 
(R,R')-ethyl-napthylfenoterol, and (R,R')-4'-amino-1-
napthylfenoterol, (R,R')-4'-hydroxy-1-napthylfenoterol, (R,R')-4-
methoxy-ethylfenoterol, (R,R')-methoxyfenoterol, (R,R')-
ethylfenoterol, and (R,R')-fenoterol, and the respective 
stereoisomers of these compounds.

DATES: Only written comments or applications for a license (or both) 
which are received by the NIH Office of Technology Transfer on or 
before April 22, 2013 will be considered.

ADDRESSES: Requests for copies of the patent application, inquiries, 
comments, and other materials relating to the contemplated exclusive 
commercialization license should be directed to: Patrick McCue, Ph.D., 
Licensing and Patenting Manager, Office of Technology Transfer, 
National Institutes of Health, 6011 Executive Boulevard, Suite 325, 
Rockville, MD 20852-3804; Telephone: (301) 435-5560; Facsimile: (301) 
402-0220; Email: [email protected].

SUPPLEMENTARY INFORMATION: This invention concerns the discovery by the 
inventors that specific fenoterol analogues are cannabinoid receptor 
activators that can inhibit one or more signs or symptoms (such as 
growth) associated with a tumor that expresses a cannabinoid receptor. 
Using this discovery, the inventors developed the disclosed methods of 
treating a tumor expressing a cannabinoid receptor.
    The prospective start-up exclusive commercialization license is 
being considered under the small business initiative launched on 1 
October 2011, and will comply with the terms and conditions of 35 
U.S.C. 209 and 37 CFR 404.7. The prospective start-up exclusive 
commercialization license

[[Page 20672]]

may be granted unless 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 within fifteen 
(15) days from the date of this published notice.
    Complete 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 evaluation option 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 1, 2013.
Richard U. Rodriguez,
Director, Division of Technology Development & Transfer, Office of 
Technology Transfer, National Institutes of Health.
[FR Doc. 2013-07907 Filed 4-4-13; 8:45 am]
BILLING CODE 4140-01-P