[Federal Register Volume 69, Number 30 (Friday, February 13, 2004)]
[Notices]
[Page 7242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3166]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: Construction of West Nile 
Virus and Dengue Virus Chimeras for Use in a Live Virus Vaccine To 
Prevent Disease Caused by West Nile Virus

AGENCY: National Institutes of Health, Public Health Service, DHHS.

ACTION: Notice.

-----------------------------------------------------------------------

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 
an exclusive license to practice the invention embodied in U.S. 
Provisional Application 60/347,281, filed January 10, 2002, and PCT/
US03/00594 filed January 9, 2003, entitled ``Construction of West Nile 
Virus and Dengue Virus Chimeras for Use in a Live Virus Vaccine to 
Prevent Disease Caused by West Nile Virus,'' to MacroGenics, Inc., 
having a place of business in Rockville, Maryland. The patent rights in 
this invention have been assigned to the United States of America.

DATES: Only written comments and/or application for a license which are 
received by the NIH Office of Technology Transfer on or before April 
13, 2004 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: Peter Soukas, Office of Technology Transfer, 
National Institutes of Health, 6011 Executive Boulevard, Suite 325, 
Rockville, MD 20852-3804; Email: [email protected]; Telephone: (301) 435-
4646; Facsimile: (301) 402-0220.

SUPPLEMENTARY INFORMATION: West Nile Virus (WNV) has recently emerged 
in the U.S. and is considered a significant emerging disease that has 
embedded itself over a considerable region of the U.S. WNV infections 
have been recorded in humans as well as in different animals. In 2003 
alone, WNV has killed 182 people in the U.S. and caused severe disease 
in more than 8219 others.
    The methods and compositions of this invention provide a means for 
prevention of WNV infection by immunization with attenuated, 
immunogenic viral vaccines against WNV. The invention involves a 
chimeric virus form comprising portions of WNV and Dengue virus. 
Construction of the hybrids and their properties are described in 
detail in PNAS, Pletnev AG et al., 2002; 99(5):3036-3041.
    The prospective 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 exclusive license may be granted unless, within 60 days 
from the date of this published Notice, 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.
    The field of use may be limited to West Nile Virus chimeras as a 
live attenuated vaccine against infections of WNV in humans and 
animals.
    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: February 5, 2004.
Steven M. Ferguson,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer, National Institutes of Health.
[FR Doc. 04-3166 Filed 2-12-04; 8:45 am]
BILLING CODE 4140-01-P