[Federal Register Volume 76, Number 236 (Thursday, December 8, 2011)]
[Notices]
[Pages 76744-76745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31556]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: Use of Agents Targeting 
Thrombospondin-1 and CD47 To Treat Radiation-Induced Damage and Enhance 
the Effectiveness of Radiotherapy in Cancer Patients

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

ACTION: Notice.

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SUMMARY: This is a 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 (HHS), is contemplating the 
grant of a worldwide exclusive license, to practice the inventions 
embodied in U.S. Provisional Patent Application No. 60/850,132, filed 
October 6, 2006, now abandoned (HHS Ref. No. E-227-2006/0-US-01); U.S. 
Provisional Patent Application No. 60/864,153, filed November 02, 2006, 
now abandoned (HHS Ref. No. E-227-2006/1-US-01); U.S. Provisional 
Patent Application No. 60/888,754, filed February 07, 2007, now 
abandoned (HHS Ref. No. E-227-2006/2-US-01); U.S. Provisional Patent 
Application No. 60/910,549, filed April 06, 2007, now abandoned (HHS 
Ref. No. E-227-2006/3-US-01); U.S. Provisional Patent Application No. 
60/956,375, filed August 16, 2007, now abandoned (HHS Ref. No. E-227-
2006/4-US-01); PCT Patent Application No. PCT/2007/080647, filed 
October 5, 2007, now abandoned (HHS Ref. No. E-227-2006/5-PCT-01); U.S. 
Patent Application No. 12/444,364, filed April 3, 2009 (HHS Ref. No. E-
227-2006/5-US-02); Canadian Patent Application No. 2,665,287, filed 
October 5, 2007 (HHS Ref. No. E-227-2006/5-CA-03); Australian Patent 
Application No. 2007319576, filed October 5, 2007 (HHS Ref. No. E-227-
2006/5-AU-04); European Patent Application No. 07868382.8, filed 
October 5, 2007 (HHS Ref. No. E-227-2006/5-EP-05); U.S. Provisional 
Patent Application No. 61/086,991, filed August 7, 2008, now abandoned 
(HHS Ref. No. E-153-2008/0-US-01); PCT Patent Application No. PCT/2009/
052902, filed August 5, 2009, now abandoned (HHS Ref. No. E-153-2008/0-
PCT-02); U.S. Patent Application No. 13/057,447, filed February 3, 2011 
(HHS Ref. No. E-153-2008/0-US-06); Canadian Patent Application No. 
2732102 filed August 5, 2009 (HHS Ref. No. E-153-2008/0-CA-043); 
Australian Patent Application No. 2009279676, filed August 5, 2009 (HHS 
Ref. No. E-153-2008/0-AU-03); and European Patent Application No. 
09791202.6, filed August 5, 2009 (HHS Ref. No. E-153-2008/0-EP-08), 
entitled ``Prevention of Tissue Ischemia, Related Methods and 
Compositions,'' and ``Radioprotectants Targeting Thrombospondin-1 and 
CD47,'' to Radiation Control Technologies, Inc., a company incorporated 
under the laws of the State of Delaware having its headquarters in 
Rockville, Maryland. The United States of America is the assignee of 
the rights of the above inventions. The prospective exclusive license 
territory may be ``worldwide,''

[[Page 76745]]

and the field of use may be limited to: (1) The use of morpholino 
oligonucleotides that reduce expression of CD47 in combination with 
radiotherapy, to treat or prevent cancers in humans; and (2) the use of 
morpholino oligonucleotides that reduce expression of CD47 to treat or 
prevent radiation exposure damage in humans.

DATES: Only written comments and/or applications for a license received 
by the NIH Office of Technology Transfer on or before January 9, 2012 
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: Suryanarayana (Sury) Vepa, Ph.D., J.D., Office 
of Technology Transfer, National Institutes of Health, 6011 Executive 
Boulevard, Suite 325, Rockville, MD 20852-3804; Telephone: (301) 435-
5020; 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 present inventions provide for 
compositions and methods for preventing and/or reducing tissue ischemia 
and/or tissue damage due to ischemia, increasing blood vessel diameter, 
blood flow and tissue perfusion in the presence of vascular disease, by 
suppressing CD47 and/or blocking TSP1 and/or CD47 activity or 
interaction. The present inventions also provide for the use of 
morpholinos, peptides and antibodies that block the TSP1/CD47 signaling 
pathway as radioprotectants for normal tissue, radioenhancers for tumor 
tissue, and as protectants of normal tissue from damage caused by 
radiation exposure.
    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 thirty 
(30) 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.
    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: December 2, 2011.
Richard U. Rodriguez,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer, National Institutes of Health.
[FR Doc. 2011-31556 Filed 12-7-11; 8:45 am]
BILLING CODE 4140-01-P