[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Notices]
[Pages 80955-80956]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33131]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
Prospective Grant of Exclusive License: Use of Methanocarba
Analogues of Purine and Pyrimidine Nucleosides and Nucleotides to Treat
or Prevent Cardiac Diseases in Humans
AGENCY: National Institutes of Health, Public Health Service, 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 (HHS), is contemplating the
grant of a worldwide exclusive evaluation option license, to practice
the inventions embodied in U.S. Provisional Patent Application No. 60/
176,373, filed January 14, 2000 and currently abandoned [HHS Ref. No.
E-176-1999/0-US-01]; PCT Application PCT/US01/00981, filed January 12,
2001 and currently expired [HHS Ref. No. E-176-1999/0-PCT-02]; U.S.
Patent Application No. 10/169,975, filed July 12, 2002 and issued as
U.S. Patent No. 7,087,589 on August 8, 2006 [HHS Ref. No. E-176-1999/0-
US-06]; U.S. Patent Application No. 11/500,860, filed August 8, 2006
and issued as U.S. Patent No. 7,790,735 on September 14, 2006 [HHS Ref.
No. E-176-1999/0-US-07]; Australian Patent Application No. 2001230913,
filed January 12, 2001 and issued as Australian Patent No. 2001230913
on October 13, 2005 [HHS Ref. No. E-176-1999/0-AU-03]; Canadian Patent
Application No. 2,397,366, filed January 12, 2001 and issued as
Canadian Patent No. 2,397,366 on March 15, 2011 [HHS Ref. No. E-176-
1999/0-CA-04]; European Patent Application No. 01903043.6, filed
January 12, 2001 and issued as European Patent No. 1252160 on August 6,
2006 and currently abandoned [HHS Ref. No. E-176-1999/0-EP-05]; and UK
Patent Application No. 01903043.6, filed January 12, 2001 and issued as
UK Patent No. 1252160 on August 16, 2006 [HHS Ref. No. E-176-1999/0-GB-
08], entitled ``Methanocarba Cycloalkyl
[[Page 80956]]
Nucleoside Analogues'' to Cornovus Pharmaceuticals, Inc., a company
incorporated under the laws of the State of Delaware having its
headquarters in Farmington, Connecticut. The United States of America
is the assignee of the rights of the above inventions. The prospective
exclusive evaluation option license territory may be ``worldwide'', and
the field of use may be limited to ``The use of (1'S,2R,3S,4'R,5'S)-4-
(6-amino-2-chloro-9H-purin-9-yl)-1-[phosphoryloxymethyl]
bicycle[3.1.0]hexane-2,3-diol) (MRS2339) to treat and/or prevent
cardiac diseases in humans.'' Upon the expiration or termination of the
exclusive evaluation option license, Cornovus Pharmaceuticals, Inc.
will have the right to execute an exclusive patent commercialization
license which will supersede and replace the exclusive evaluation
option 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 received
by the NIH Office of Technology Transfer on or before January 11, 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: vepas@mail.nih.gov. 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 technology is premised upon the
novel combination of adenine and uracil and their derivatives with a
constrained cycloalkyl group, typically a cyclopentyl group. The
constraint on the cycloalkyl group is introduced by fusion to a second
cycloalkyl group. In the case of cyclopentane, the fusion is typically
with cyclopropane. The compounds disclosed in this technology retain a
surprising binding affinity despite the substitution for the ribose
group. Moreover, the absence of the glycosidic bond in the compounds
assists in improving the chemical stability of these compounds and aids
in overcoming the stability problem associated with the glycosidic bond
in previously known P1 and P2 receptor ligands. The compounds of the
present technology are useful in the treatment or prevention of various
cardiac and other disorders.
The prospective exclusive evaluation option license will comply
with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7. The
prospective exclusive evaluation option license may be granted unless,
within fifteen (15) 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 20, 2011.
Richard U. Rodriguez,
Director, Division of Technology Development and Transfer, Office of
Technology Transfer, National Institutes of Health.
[FR Doc. 2011-33131 Filed 12-23-11; 8:45 am]
BILLING CODE 4140-01-P