[Federal Register Volume 78, Number 58 (Tuesday, March 26, 2013)]
[Page 18360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06835]



National Institutes of Health

Prospective Grant of Start-Up Exclusive License: Manual Device 
for Constructing Tissue Micro Arrays and Methods for Making Cryo Arrays 
for Use in Association With the Device

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

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 
a start-up exclusive license to practice the inventions embodied in 
U.S. Patent No. 7,854,899, (E-098-2004/0) filed 08/26/2004 and issued 
12/20/2010 entitled ``Template Methods and Device for Preparing Sample 
Arrays''; by Hewitt et al. (NCI); and U.S. Patent No. 6,951,761 9 (E-
064-2001/0) filed 08/30/2002 and issued 11/04/2005 ``Measurements of 
Multiple Molecules Using a Cryoarray'' by Star et al. (NIDDK) to 
Micatu, Inc. having a place of business at 231 West Water Street, 
Elmira, NY 14901. 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 that are 
received by the NIH Office of Technology Transfer on or before April 
10, 2013 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: Tedd Fenn, Office of Technology Transfer, 
National Institutes of Health, 6011 Executive Boulevard, Suite 325, 
Rockville, MD 20852-3804; Email: fennea@mail.nih.gov; Telephone: 301-
435-5031; Facsimile: 301-402-0220.

SUPPLEMENTARY INFORMATION: The prospective worldwide 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 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.
    The patents relate to a device for tissue microarray construction 
having a block of embedding medium, a platform configured to retain the 
block, a templates secured to the platform and aligned to guide needles 
into the embedding block; and methods of making a block containing 
liquid biological samples that can be frozen and sectioned to make 
tissue microarray.
    The field of use may be limited to the field of devices for 
construction of tissue microarrays.
    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: March 18, 2013.
Richard U. Rodriguez,
Director, Division of Technology Development & Transfer, Office of 
Technology Transfer, National Institutes of Health.
[FR Doc. 2013-06835 Filed 3-25-13; 8:45 am]