[Federal Register Volume 78, Number 111 (Monday, June 10, 2013)]
[Notices]
[Pages 34664-34665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13628]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Start-up Exclusive Evaluation License: 
Portable Device and Method for Detecting Hematomas

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 (NIH), 
Department of Health and Human Services, is contemplating the grant of 
a worldwide exclusive evaluation option license to practice the 
inventions embodied in: HHS Ref. No. E-010-2010/0, U.S. Provisional 
Patent Application No. 61/286,626, filed December 15, 2009, 
International Patent Application PCT/US2010/060506 filed December 15, 
2010 (published as WO2011084480), European Patent Application 
10798422.1 filed December 15, 2010, and U.S. Patent Application 13/
516,480 filed June 15, 2012, to ArcheOptix, having its principle place 
of business in Kingston, Ontario (Canada).
    The United States of America is an assignee to the patent rights of 
these inventions.
    The contemplated exclusive license may be limited to devices for 
the detection of hematomas. Upon the expiration or termination of the 
start-up exclusive evaluation license, ArcheOptix will have the right 
to execute a start-up exclusive patent commercialization license with 
no greater field of use and territory than granted in the evaluation 
license.

DATES: Only written comments and/or applications for a license that are 
received by the NIH Office of Technology Transfer on or before June 25, 
2013 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: Michael Shmilovich, Esq., Senior Licensing and 
Patent Manager, Office of Technology Transfer, National Institutes of 
Health, 6011 Executive Boulevard, Suite 325, Rockville, MD 20852-3804; 
Telephone: (301) 435-5019; Facsimile: (301) 402-0220; Email: 
[email protected].

SUPPLEMENTARY INFORMATION: The invention is a device and method for 
detecting hematomas based on near infrared light emitted 
perpendicularly into a tissue from a non-stationary emitter and on 
continuous detection of the reflected light with a non-stationary 
probe. The device is designed as a handheld detector that can be used 
either in an ER or at the scene of an accident, which will allow the 
Doctor or EMT to diagnose hematoma for patients with a traumatic brain 
injury at the scene. Furthermore, this device can be utilized to 
discriminate between subdural, epidural and bi-lateral hematomas. The 
specific combination and sequences of data analysis are performed to 
discriminate healthy tissue from tissue perfused with blood. This 
invention will result in a better triage and treatment for patients 
with traumatic brain injury (TBI) and fills a must filled gap in TBI 
health care.
    The prospective exclusive evaluation option license is being 
considered under the small business initiative launched on October 1, 
2011 and will comply with the terms and conditions of 35 U.S.C. 209 and 
37 CFR 404.7. The prospective exclusive evaluation option license, and 
a subsequent exclusive patent commercialization license, may

[[Page 34665]]

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.
    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: June 4, 2013.
Richard Rodriguez,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer, National Institutes of Health.
[FR Doc. 2013-13628 Filed 6-7-13; 8:45 am]
BILLING CODE 4140-01-P