[Federal Register Volume 79, Number 94 (Thursday, May 15, 2014)]
[Notices]
[Page 27885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11145]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Start-Up Exclusive Evaluation Option License 
Agreement: Nitric Oxide (NO) Releasing Materials for Use in Medical 
Devices Related to Microbial Management and Wound Care

AGENCY: National Institutes of Health, HHS.

ACTION: Notice.

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SUMMARY: This is notice, in accordance with 35 U.S.C. 209 and 37 CFR 
part 404, that the National Institutes of Health, Department of Health 
and Human Services, is contemplating the grant of a Start-Up Exclusive 
Evaluation Option License Agreement to iFyber LLC, a company having a 
place of business in Ithaca, New York to practice the inventions 
embodied in the following patent applications and patents:

1. U.S. Patent 7,968,664, issued June 28, 2011, titled ``Nitric 
Oxide Releasing Diazeniumdiolated Acrylonitrile-Based Polymers, And 
Compositions, Medical Devices, And Uses Thereof'' [HHS Ref. No. E-
188-2004/0-US-06];
2. U.S. Patent 8,093,343, issued January 10, 2012, titled ``Nitric 
Oxide-Releasing Diazeniumdiolated Compounds'' [HHS Ref. No. E-188-
2004/0-US-08];
3. European Patent Application 05802080.1, filed September 27, 2005, 
titled ``Nitric Oxide Releasing Diazeniumdiolated Acrylonitrile-
Based Polymers, And Compositions, Medical Devices, And Uses 
Thereof'' [HHS Ref. No. E-188-2004/0-EP-05];
4. Canadian Patent 2581939, issued January 8, 2013, titled ``Nitric 
Oxide Releasing Diazeniumdiolated Acrylonitrile-Based Polymers, And 
Compositions, Medical Devices, And Uses Thereof'' [HHS Ref. No. E-
188-2004/0-CA-04];
5. Australian Patent Application 2005289414, filed September 27, 
2005, titled ``Nitric Oxide Releasing Diazeniumdiolated 
Acrylonitrile-Based Polymers, And Compositions, Medical Devices, And 
Uses Thereof'' [HHS Ref. No. E-188-2004/0-AU-03]; and
6. Australian Patent 2011200972, issued July 5, 2012, titled 
``Nitric Oxide-Releasing Compounds and Uses Thereof'' [HHS Ref. No. 
E-188-2004/0-AU-07]

    The patent rights in these inventions have been assigned to the 
Government of the United States of America. The territory of the 
prospective Start-up Exclusive Evaluation Option License Agreement may 
be worldwide, and the field of use may be limited to: ``Nitric oxide 
(NO) releasing materials for use in medical/surgical tubing and 
attachment devices related to tubing; and wound healing devices, 
including wound dressings/bandages.''
    Upon the expiration or termination of the Start-up Exclusive 
Evaluation Option License Agreement, iFyber will have the exclusive 
right to execute a Start-up Exclusive Patent License Agreement which 
will supersede and replace the Start-up Exclusive Evaluation Option 
License Agreement, with no greater field of use and territory than 
granted in the Start-up Exclusive Evaluation Option License Agreement.

DATES: Only written comments and/or applications for a license which 
are received by the NIH Office of Technology Transfer on or before May 
30, 2014 will be considered.

ADDRESSES: Requests for copies of the patents, patent applications, 
inquiries, comments, and other materials relating to the contemplated 
Start-Up Exclusive Evaluation Option License Agreement should be 
directed to: Betty B. Tong, Ph.D., Senior Licensing and Patenting 
Manager, Office of Technology Transfer, National Institutes of Health, 
6011 Executive Boulevard, Suite 325, Rockville, MD 20852-3804; 
Telephone: (301) 594-6565; 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 subject invention describes a family of 
polymers based on poly(acrylonitrile) that are capable of storing 
Nitric oxide (NO) bound in a stable chemical functionality, called a 
diazeniumdiolate group, and releasing NO under aqueous conditions. The 
incorporation of these NO-releasing diazeniumdiolated acrylonitrile-
based compositions into suitable, biocompatible dressings could be used 
to treat wounds to fight infection, modulate inflammation, and promote 
angiogenesis and collagen synthesis in order to accelerate wound 
closure and/or otherwise improve functional outcomes. These 
polyacrylonitrile-based products could be useful in conjunction with 
medical devices where the many therapeutic actions of NO would be 
beneficial.
    The prospective Start-up Exclusive Evaluation Option License 
Agreement and a subsequent Start-up Exclusive Patent License Agreement 
may be granted unless the NIH receives written evidence and argument, 
within fifteen (15) days from the date of this published notice, that 
establishes that the grant of the contemplated Start-up Exclusive 
Evaluation Option License Agreement would not be consistent with the 
requirements of 35 U.S.C. 209 and 37 CFR part 404.
    Complete applications for a license in the prospective field of use 
that are filed in response to this notice will be treated as objections 
to the grant of the contemplated Start-Up Exclusive Evaluation Option 
License Agreement. 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: May 12, 2014.
Richard U. Rodriguez,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer, National Institutes of Health.
[FR Doc. 2014-11145 Filed 5-14-14; 8:45 am]
BILLING CODE 4140-01-P