[Federal Register Volume 81, Number 97 (Thursday, May 19, 2016)]
[Notices]
[Page 31652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11769]



[[Page 31652]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive Start-up Option License: Anti-TNF 
Induced Apoptosis (ATIA) Diagnostic Markers and Therapies

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 part 404.7(a)(1)(i), that the National Cancer Institute (NCI), 
National Institutes of Health, Department of Health and Human Services, 
is contemplating the grant of a Start-Up Exclusive Option License 
Agreement to IntelliPanel Medical, LLC, a company having a place of 
business in Philadelphia, PA, to practice the inventions embodied in 
the following patent applications:

Intellectual Property

    U.S. Patent Application No. 13/322,863, titled ``Anti-TNF Induced 
Apoptosis (ATIA) Diagnostic Markers and Therapies'' filed 28 November 
2011 (HHS Ref. No.: E-178-2009/0-US-03); PCT Application No. PCT/
US2010/36394, titled ``Anti-TNF Induced Apoptosis (ATIA) Diagnostic 
Markers and Therapies'' filed 27 May 2010 (HHS Ref. No.: E-178-2009/0-
PCT-02); and U.S. Provisional Patent Application No. 61/182,072, titled 
``Anti-TNF Induced Apoptosis (ATIA) Diagnostic Markers and Therapies'' 
filed May 28, 2009 (HHS Ref. No.: E-178-2009/0-US-01).
    The patent rights in these inventions have been assigned and/or 
exclusively licensed to the government of the United States of America.
    The territory of the prospective Start-Up Exclusive Option License 
Agreement may be worldwide, and the field of use may be limited to 
``Anti-TNF Induced Apoptosis (ATIA) for the diagnosis, monitoring, and 
treatment of Glioblastoma Multiforme (GBM).''
    Upon the expiration or termination of the Start-up Exclusive Option 
License Agreement, IntelliPanel Medical, LLC will have the exclusive 
right to execute a Start-Up Exclusive Patent License Agreement which 
will supersede and replace the Start-up Exclusive Option License 
Agreement, with no greater field of use and territory than granted in 
the Start-up Exclusive 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 June 
3, 2016 will be considered.

ADDRESSES: Requests for copies of the patent application(s), inquiries, 
comments, and other materials relating to the contemplated Start-Up 
Exclusive Option License Agreement should be directed to: Jaime M. 
Greene, M.S., Senior Licensing and Patenting Manager, Technology 
Transfer Center, National Cancer Institute, 9609 Medical Center Drive, 
Rockville, MD 20850; telephone: 240-276-6633; fax: 240-276-5504; 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: This technology concerns the Anti-TNF 
Induced Apoptosis (ATIA) protein along with methods of diagnosing and 
treating neoplasia by blocking ATIA. This technology may be useful for 
the development of diagnostics and therapeutics for brain cancers 
including GBM.
    The prospective Start-Up Exclusive Option License Agreement 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 part 404.7. The prospective Start-Up Exclusive 
Option 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 Option License Agreement would not be consistent 
with the requirements of 35 U.S.C. 209 and 37 CFR part 404.7.
    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 Option License 
Agreement. 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: May 12, 2016.
Richard U. Rodriguez,
Associate Director, Technology Transfer Center, National Cancer 
Institute.
[FR Doc. 2016-11769 Filed 5-18-16; 8:45 am]
 BILLING CODE 4140-01-P