[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Notices]
[Pages 57832-57833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24331]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
Prospective Grant of Start-Up Exclusive Evaluation Option License
Agreement: Development of Diagnostic Tests and Kits for Detection of
Pathological Angiogenesis in Cancer
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 Angio360 Diagnostics, LLC, a
company having a place of business in Wauwatosa, Wisconsin, to practice
the inventions embodied in U.S. Provisional Patent Application No. 60/
858,068, entitled ``Differential Gene Expression in Physiological and
Pathological Angiogenesis,'' filed November 9, 2006 (HHS Ref. No.: E-
285-2006/0-US-01); US Provisional Patent Application No. 60/879,457,
entitled ``Organ And Tumor Associated Endothelial Markers,'' filed
January 8, 2007 (HHS Ref. No. E-285-2006/1-US-01); PCT Application No.
PCT/US2007/072395, entitled ``Differential Gene Expression in
Physiological and Pathological Angiogenesis,'' filed June 8, 2007 (HHS
Ref. No. E-285-2006/2-PCT-01); U.S. Patent Application No. 12/514,297,
entitled ``Differential Gene Expression in Physiological and
Pathological Angiogenesis,'' filed May 8, 2009 (HHS Ref No. E-285-2006/
2-US-02); Australian Patent No. 2007-317753, entitled ``Differential
Gene Expression in Physiological and Pathological Angiogenesis,'' filed
June 28, 2007 (HHS Ref No. E-285-2006/2-AU-03); Canadian Patent
Application No. 2,669,260, entitled ``Differential Gene Expression in
Physiological and Pathological Angiogenesis,'' filed June 28, 2007 (HHS
Ref. No. E-285-2006/2-CA-04); U.S. Patent No.: 8,440,411, entitled
``Differential Gene Expression in Physiological and Pathological
Angiogenesis,'' filed March 21, 2011 (HHS Ref. No. E-285-2006/2-US-05);
U.S. Patent Application No. 13/052,878, entitled ``Differential Gene
Expression in Physiological and Pathological Angiogenesis,'' filed
April 16, 2013 (HHS Ref. No.: E-285-2006/2-US-06); and Australian
Application Patent No.: 2014-200453, entitled ``Differential Gene
Expression in Physiological and Pathological Angiogenesis,'' filed
January 28, 2014 (HHS Ref No. E-285-2006/2-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 ``Development of diagnostic tests and kits to
determine or monitor pathological angiogenesis related to cancer in
animals or humans.''
[[Page 57833]]
Upon the expiration or termination of the Start-up Exclusive
Evaluation Option License Agreement, Angio360 Diagnostics, LLC 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
October 13, 2015 will be considered.
ADDRESSES: Requests for copies of the patent application(s), inquiries,
comments, and other materials relating to the contemplated Start-Up
Exclusive Evaluation Option License Agreement should be directed to:
Rose M. Freel, Licensing and Patenting Manager, Office of Technology
Transfer, National Institutes of Health, 6011 Executive Boulevard,
Suite 325, Rockville, MD 20852-3804; Telephone: (301) 402-9521;
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: This technology describes a method of
detecting pathological angiogenesis (formation of new blood vessels)
using the expression levels of certain proteins for the diagnosis of
cancer or monitoring response to cancer treatment.
The prospective Start-Up Exclusive Evaluation 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. 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 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: September 21, 2015.
Richard U. Rodriguez,
Acting Director, Office of Technology Transfer, National Institutes of
Health.
[FR Doc. 2015-24331 Filed 9-24-15; 8:45 am]
BILLING CODE 4140-01-P