Prospective Grant of Exclusive License: The Use of IL13-PE38 for the Treatment of Asthma and Pulmonary Fibrosis, 14232-14233 [E6-4078]

Download as PDF sroberts on PROD1PC70 with NOTICES 14232 Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Notices The prospective exclusive license territory may be worldwide, and the field of use may be limited to the treatment of adenocarcinoma and Ewing’s sarcoma with HMG-CoA inhibitors. DATES: Only written comments and/or applications for a license which are received by the NIH Office of Technology Transfer on or before May 22, 2006 will be considered. ADDRESSES: Requests for copies of the patent application, inquiries, comments, and other materials relating to the contemplated exclusive license should be directed to: David A. Lambertson, PhD, Technology Licensing Specialist, Office of Technology Transfer, National Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, MD 20852–3804; Telephone: (301) 435– 4632; Facsimile: (301) 402–0220; E-mail: lambertsond@od.nih.gov. SUPPLEMENTARY INFORMATION: The technology relates to the treatment of adenocarcinomas and Ewing’s sarcoma with HMG-CoA inhibitors. Adenocarcinoma affects the inner lining or inner surface of a number of organs, and is responsible for approximately 95% of prostate cancers, over 75% of pancreatic cancers, and is the most common form of lung cancer. Ewing’s sarcoma is a bone tumor typically attacking the long bones. Current methods of treating these cancers include surgery, chemotherapy, radiation therapy or a combination thereof. The current technology involves the use of HMG-CoA inhibitors (such as lovastatin or simvastatin) to treat adenocarcinomas and Ewing’s sarcoma. HMG-CoA inhibitors have been approved for use in the treatment of high cholesterol in humans, with typical doses of 10mg, 20mg or 40mg. This technology recommends using higher doses (based on the weight of the patient) for the treatment of cancer. 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 sixty (60) days from the date of this published notice, the 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. Applications for a license in the field of use filed in response to this notice will be treated as objections to the grant of the contemplated exclusive license. Comments and objections submitted to this notice will not be made available VerDate Aug<31>2005 19:30 Mar 20, 2006 Jkt 208001 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 13, 2006. Steven M. Ferguson, Director, Division of Technology Development and Transfer, Office of Technology Transfer, National Institutes of Health. [FR Doc. E6–4074 Filed 3–20–06; 8:45 am] BILLING CODE 4140–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Prospective Grant of Exclusive License: The Use of IL13–PE38 for the Treatment of Asthma and Pulmonary Fibrosis National Institutes of Health, Public Health Service, HHS. ACTION: Notice. AGENCY: 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 an exclusive patent license to practice the inventions embodied in U.S. Patent Application No. 60/337,179 filed December 4, 2001, entitled ‘‘IL–13 Receptor-Targeted Immunotoxins Ameliorates Symptoms of Asthma and of Allergy’’ [HHS Reference No. E–296–2001/0–US–01], PCT Application No. PCT/US02/00616 filed February 28, 2002, entitled ‘‘Alleviating Symptoms of TH2-Like Cytokine Mediated Disorders by Reducing IL–13 Receptor-Expressing Cells in the Respiratory Tract’’ [HHS Reference No. E–296–2001/0–PCT–02], U.S. Patent Application No. 10/497,804 filed June 4, 2004, entitled ‘‘Alleviating Symptoms of TH2-Like Cytokine Mediated Disorders by Reducing IL–13 Receptor-Expressing Cells in the Respiratory Tract’’ [HHS Reference No. E–296–2001/0-US–03], Australian Patent Application No. 2002258011 filed June 8, 2004, entitled ‘‘Alleviating Symptoms of TH2-Like Cytokine Mediated Disorders by Reducing IL–13 Receptor-Expressing Cells in the Respiratory Tract’’ [HHS Reference No. E–296–2001/0–AU–04], Canadian Patent Application No. 2469082 filed February 28, 2002, entitled ‘‘Chimeric Molecule for the Treatment of TH2-Like Cytokine Mediated Disorders’’ [HHS Reference No. E–296–2001/0-CA–05], and European Patent Application No. 02727815.9 filed June 29, 2004 entitled ‘‘Alleviating Symptoms of TH2-Like PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 Cytokine Mediated Disorders by Reducing IL–13 Receptor-Expressing Cells in the Respiratory Tract’’ [HHS Reference No. E–296–2001/0–EP–06], including background patent rights to U.S. Patent No. 4,892,827, issued on January 9, 1990, entitled ‘‘Recombinant Pseudomonas Exotoxins: Construction of an Active Immunotoxin with Low Side Effects’’ [HHS Reference No. E– 385–1986/0–US–01], U.S. Patent No. 5,919,456, issued on July 6, 1999, entitled ‘‘IL–13 Receptor Specific Chimeric Proteins’’ [HHS Reference No. E–266–1994/0–US–07], U.S. Patent 6,518,061, issued on February 11, 2003, entitled ‘‘IL–13 Receptor Specific Chimeric Proteins and Uses Thereof’’ [HHS Reference No. E–266–1994/0-US– 08], to NeoPharm, Inc., which has offices in Waukegan, Illinois. The patent rights in these inventions have been assigned and/or exclusively licensed to the Government of the United States of America. The prospective exclusive license territory may be worldwide, and the field of use may be limited to the treatment of asthma and pulmonary fibrosis with IL13–PE38. This notice replaces the Prospective Grant notice published in the Federal Register on Monday, March 6, 2006 (71 FR 11213). DATES: Only written comments and/or applications for a license which are received by the NIH Office of Technology Transfer on or before May 22, 2006 will be considered. ADDRESSES: Requests for copies of the patent application, inquiries, comments, and other materials relating to the contemplated exclusive license should be directed to: David A. Lambertson, Ph.D., Technology Licensing Specialist, Office of Technology Transfer, National Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, MD 20852–3804; Telephone: (301) 435– 4632; Facsimile: (301) 402–0220; E-mail: lambertsond@od.nih.gov. SUPPLEMENTARY INFORMATION: The technology relates to the treatment of asthma and pulmonary fibrosis. When airway inflammation occurs (e.g., during an asthmatic attack or a response to an allergen), the number of cells that produce the receptor for IL–13 increases in the lungs. When IL–13 interacts with the receptor, an inflammatory response is induced; when this occurs in the lungs, it leads to the symptom of constricted breathing. Blocking the interaction between IL–13 and its receptors on the cells has been shown to reduce the inflammatory response. A chimeric molecule was developed that comprised both an IL–13 domain E:\FR\FM\21MRN1.SGM 21MRN1 Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Notices (capable of interacting with its cognate receptor) and a toxin domain. This molecule has the capacity to interact with and kill IL–13 receptor expressing cells. The invention relates to a method of treating asthma or pulmonary fibrosis by administering a chimeric molecule comprising a toxin linked to an IL–13 targeting moiety (e.g., IL13–PE38). By administering the toxin in this form, cells involved in airway inflammation can be selectively targeted and killed, thereby alleviating the symptom of constricted breathing. 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 sixty (60) days from the date of this published notice, the 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. Applications for a license in the field of use filed in response to this notice will be treated as objections to the grant of the contemplated exclusive license. 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: March 14, 2006. Steven M. Ferguson, Director, Division of Technology Development and Transfer, Office of Technology Transfer, National Institutes of Health. [FR Doc. E6–4078 Filed 3–20–06; 8:45 am] BILLING CODE 4140–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard [USCG–2006–24163] National Environmental Policy Act; Environmental Impact Statement on U.S. Coast Guard Pacific Area Operations Coast Guard, DHS. ACTION: Notice of intent; request for public comments. sroberts on PROD1PC70 with NOTICES AGENCY: SUMMARY: The Coast Guard announces its intent to prepare an Environmental Impact Statement (EIS) to review possible changes to the Coast Guard’s operations in the areas of responsibility for Coast Guard Districts 11 and 13 (California, Oregon and Washington) and requests public comments. The EIS VerDate Aug<31>2005 19:01 Mar 20, 2006 Jkt 208001 will analyze the environmental impacts of Coast Guard vessel and air operations when engaged in the following missions and activities: law enforcement, national security, search and rescue, aids to navigation, and oil pollution and vessel grounding response. Publication of this notice begins the official scoping process that will help identify alternatives and refine the scope of environmental issues to be addressed in the EIS. This notice requests public participation in the scoping process for this Coast Guard action, provides information on how to participate, and identifies a set of preliminary alternatives to serve as a starting point for discussion. DATES: Comments and related material must reach the Docket Management Facility on or before May 5, 2006. ADDRESSES: You may submit comments identified by Coast Guard docket number USCG–2006–24163 to the Docket Management Facility at the U.S. Department of Transportation. To avoid duplication, please use only one of the following methods: (1) Electronically through the Web site for the Docket Management System at https://dms.dot.gov. (2) By mail to the Docket Management Facility, (USCG–2006–24163), U.S. Department of Transportation, Room PL–401, 400 Seventh Street SW., Washington, DC 20590–0001. (3) By fax to the Docket Management Facility at 202–493–2251. (4) By delivery to room PL–401 on the Plaza level of the Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366– 9329. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, contact Frank Esposito, Coast Guard, (fesposito@comdt.uscg.mil) or 2100 2nd St., SW., Washington, DC 20593. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–493–0402. SUPPLEMENTARY INFORMATION: Request for Comments All comments received will be posted, without change, to https://dms.dot.gov and will include any personal information you have provided. We have an agreement with the Department of Transportation (DOT) to use the Docket Management Facility. Please see DOT’s ‘‘Privacy Act’’ paragraph below. Submitting comments: If you submit a comment, please include your name and address, identify the docket number for PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 14233 this notice (USCG–2006–24163) and give the reason for each comment. You may submit your comments by electronic means, mail, fax, or delivery to the Docket Management Facility at the address under ADDRESSES; but please submit your comments by only one means. If you submit them by mail or delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments received during the comment period. Viewing comments and documents: To view comments, go to https:// dms.dot.gov at any time, click on ‘‘Simple Search,’’ enter the last five digits of the docket number for this rulemaking, and click on ‘‘Search.’’ You may also visit the Docket Management Facility in room PL–401 on the Plaza level of the Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Privacy Act: Anyone can search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the Department of Transportation’s Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477), or you may visit https://dms.dot.gov. If you wish to be added to the mailing list for this project, you may make a request through the project Web site, by mail to the docket at Docket Management Facility, (USCG–2006– 24163), U.S. Department of Transportation, Room PL–401, 400 Seventh Street SW., Washington, DC 20590–0001, or by fax to the Docket Management Facility at 202–493–2251. Background The Coast Guard is one of the country’s five armed services and the nation’s oldest maritime agency. Positioned within the Department of Homeland Security, the Coast Guard is the only maritime service with regulatory and law enforcement authority, military capabilities, and humanitarian operations. Coast Guard activities encompass critical elements of Homeland Security operations in littoral regions, including port security and safety, marine environmental response, maritime interception, coastal control, and maritime force protection. More than two centuries of littoral operations E:\FR\FM\21MRN1.SGM 21MRN1

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[Federal Register Volume 71, Number 54 (Tuesday, March 21, 2006)]
[Notices]
[Pages 14232-14233]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-4078]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: The Use of IL13-PE38 for 
the Treatment of Asthma and Pulmonary Fibrosis

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 (HHS), is contemplating the 
grant of an exclusive patent license to practice the inventions 
embodied in U.S. Patent Application No. 60/337,179 filed December 4, 
2001, entitled ``IL-13 Receptor-Targeted Immunotoxins Ameliorates 
Symptoms of Asthma and of Allergy'' [HHS Reference No. E-296-2001/0-US-
01], PCT Application No. PCT/US02/00616 filed February 28, 2002, 
entitled ``Alleviating Symptoms of TH2-Like Cytokine Mediated Disorders 
by Reducing IL-13 Receptor-Expressing Cells in the Respiratory Tract'' 
[HHS Reference No. E-296-2001/0-PCT-02], U.S. Patent Application No. 
10/497,804 filed June 4, 2004, entitled ``Alleviating Symptoms of TH2-
Like Cytokine Mediated Disorders by Reducing IL-13 Receptor-Expressing 
Cells in the Respiratory Tract'' [HHS Reference No. E-296-2001/0-US-
03], Australian Patent Application No. 2002258011 filed June 8, 2004, 
entitled ``Alleviating Symptoms of TH2-Like Cytokine Mediated Disorders 
by Reducing IL-13 Receptor-Expressing Cells in the Respiratory Tract'' 
[HHS Reference No. E-296-2001/0-AU-04], Canadian Patent Application No. 
2469082 filed February 28, 2002, entitled ``Chimeric Molecule for the 
Treatment of TH2-Like Cytokine Mediated Disorders'' [HHS Reference No. 
E-296-2001/0-CA-05], and European Patent Application No. 02727815.9 
filed June 29, 2004 entitled ``Alleviating Symptoms of TH2-Like 
Cytokine Mediated Disorders by Reducing IL-13 Receptor-Expressing Cells 
in the Respiratory Tract'' [HHS Reference No. E-296-2001/0-EP-06], 
including background patent rights to U.S. Patent No. 4,892,827, issued 
on January 9, 1990, entitled ``Recombinant Pseudomonas Exotoxins: 
Construction of an Active Immunotoxin with Low Side Effects'' [HHS 
Reference No. E-385-1986/0-US-01], U.S. Patent No. 5,919,456, issued on 
July 6, 1999, entitled ``IL-13 Receptor Specific Chimeric Proteins'' 
[HHS Reference No. E-266-1994/0-US-07], U.S. Patent 6,518,061, issued 
on February 11, 2003, entitled ``IL-13 Receptor Specific Chimeric 
Proteins and Uses Thereof'' [HHS Reference No. E-266-1994/0-US-08], to 
NeoPharm, Inc., which has offices in Waukegan, Illinois. The patent 
rights in these inventions have been assigned and/or exclusively 
licensed to the Government of the United States of America.
    The prospective exclusive license territory may be worldwide, and 
the field of use may be limited to the treatment of asthma and 
pulmonary fibrosis with IL13-PE38.
    This notice replaces the Prospective Grant notice published in the 
Federal Register on Monday, March 6, 2006 (71 FR 11213).

DATES: Only written comments and/or applications for a license which 
are received by the NIH Office of Technology Transfer on or before May 
22, 2006 will be considered.

ADDRESSES: Requests for copies of the patent application, inquiries, 
comments, and other materials relating to the contemplated exclusive 
license should be directed to: David A. Lambertson, Ph.D., Technology 
Licensing Specialist, Office of Technology Transfer, National 
Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, 
MD 20852-3804; Telephone: (301) 435-4632; Facsimile: (301) 402-0220; E-
mail: lambertsond@od.nih.gov.

SUPPLEMENTARY INFORMATION: The technology relates to the treatment of 
asthma and pulmonary fibrosis. When airway inflammation occurs (e.g., 
during an asthmatic attack or a response to an allergen), the number of 
cells that produce the receptor for IL-13 increases in the lungs. When 
IL-13 interacts with the receptor, an inflammatory response is induced; 
when this occurs in the lungs, it leads to the symptom of constricted 
breathing. Blocking the interaction between IL-13 and its receptors on 
the cells has been shown to reduce the inflammatory response.
    A chimeric molecule was developed that comprised both an IL-13 
domain

[[Page 14233]]

(capable of interacting with its cognate receptor) and a toxin domain. 
This molecule has the capacity to interact with and kill IL-13 receptor 
expressing cells. The invention relates to a method of treating asthma 
or pulmonary fibrosis by administering a chimeric molecule comprising a 
toxin linked to an IL-13 targeting moiety (e.g., IL13-PE38). By 
administering the toxin in this form, cells involved in airway 
inflammation can be selectively targeted and killed, thereby 
alleviating the symptom of constricted breathing.
    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 sixty 
(60) days from the date of this published notice, the 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.
    Applications for a license in the field of use filed in response to 
this notice will be treated as objections to the grant of the 
contemplated exclusive license. 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: March 14, 2006.
Steven M. Ferguson,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer, National Institutes of Health.
[FR Doc. E6-4078 Filed 3-20-06; 8:45 am]
BILLING CODE 4140-01-P
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