80_FR_53721 80 FR 53549 - Prospective Grant of an Exclusive Patent Commercialization License: Cerclage Annuloplasty Devices for Treating Mitral Valve Regurgitation

80 FR 53549 - Prospective Grant of an Exclusive Patent Commercialization License: Cerclage Annuloplasty Devices for Treating Mitral Valve Regurgitation

DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health

Federal Register Volume 80, Issue 172 (September 4, 2015)

Page Range53549-53550
FR Document2015-21969

This is notice, in accordance with 35 U.S.C. 209 and 37 CFR 404, that the National Institutes of Health (NIH), Department of Health and Human Services, is contemplating the grant of a worldwide exclusive license to practice the inventions embodied in:

Federal Register, Volume 80 Issue 172 (Friday, September 4, 2015)
[Federal Register Volume 80, Number 172 (Friday, September 4, 2015)]
[Notices]
[Pages 53549-53550]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21969]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of an Exclusive Patent Commercialization 
License: Cerclage Annuloplasty Devices for Treating Mitral Valve 
Regurgitation

AGENCY: National Institutes of Health, HHS.

ACTION: Notice.

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

SUMMARY: This is notice, in accordance with 35 U.S.C. 209 and 37 CFR 
404, that the National Institutes of Health (NIH), Department of Health 
and Human Services, is contemplating the grant of a worldwide exclusive 
license to practice the inventions embodied in:

----------------------------------------------------------------------------------------------------------------
            NIH Ref No.               Patent application No.        Filing date                  Title
----------------------------------------------------------------------------------------------------------------
E-048-2009/0-US-01.................  61/157,267.............  March 4, 2009.........  Cerclage Locking Device
                                                                                       And Delivery System.
E-048-2009/0-PCT-02................  PCT/US2010/026245......  March 4, 2010.........  Cerclage Locking Device
                                                                                       And Delivery System.
E-048-2009/0-US-03.................  13/254,160.............  March 4, 2010.........  Cerclage Locking Device
                                                                                       And Delivery System.
E-108-2010/0-US-01.................  61/383,061.............  September 15, 2010....  Methods and Devices For
                                                                                       Transcatheter Cerclage
                                                                                       Annuloplasty.
E-108-2010/0-PCT-02................  PCT/US2011/51748.......  September 15, 2011....  Methods and Devices For
                                                                                       Transcatheter Cerclage
                                                                                       Annuloplasty.
E-108-2010/0-EP-03.................  11760945.3.............  September 15, 2011....  Methods and Devices For
                                                                                       Transcatheter Cerclage
                                                                                       Annuloplasty.
E-108-2010/0-US-04.................  13/824,198.............  March 15, 2013........  Methods and Devices For
                                                                                       Transcatheter Cerclage
                                                                                       Annuloplasty.
----------------------------------------------------------------------------------------------------------------

To Transmural Systems, LLC, a limited liability company incorporated 
under the laws of the State of Massachusetts and having its principle 
place of business in Andover, Massachusetts.
    The contemplated exclusive license may be limited to cerclage 
annuloplasty devices for treating mitral valve regurgitation.

DATES: Only written comments and/or applications for a license that are 
received by the NIH Office of Technology Transfer on or before October 
5, 2015 will be considered.

[[Page 53550]]


ADDRESSES: Requests for a copy of the patent application, inquiries, 
comments and other materials relating to the contemplated license 
should be directed to: Michael Shmilovich, Esq. Senior Licensing and 
Patenting Manager, Office of Technology Transfer, National Institutes 
of Health, 6011 Executive Boulevard, Suite 325, Rockville, MD 20852-
3804; Telephone: (301) 435-5019; Facsimile: (301) 402-0220; Email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

E-048-2009

    The invention relates to a device that can be used to non-
invasively secure surgical suture loops when combined with a 
percutaneous delivery system. It has been shown to be effective in 
correcting mitral valve regurgitation (MVR) in an animal model. During 
the procedure, a guidewire is percutaneously conveyed to the atrium of 
the heart and is used to secure the ``cerclage'' suture encircling the 
mitral valve annulus, which is delivered using a delivery catheter. The 
locking device is advanced over the suture by the delivery catheter and 
it permanently secures the suture and maintains the tension on the 
annulus once the delivery system is removed. This locking device, in 
combination with the percutaneous procedure, allows for more complete 
coaptation of the valve leaflets and correction of MVR without the need 
for open heart surgery and its associated risks. The locking device is 
also adjustable, allowing the user to vary the tension on the suture if 
further tightening or loosening is required. It is also MRI compatible 
and all follow-up studies can be performed under MRI. This invention 
demonstrated its ability to correct MVR in animals where the locking 
device was observed to maintain the correct position and tension after 
implantation. This device has the potential to replace the traditional 
loop and knot method used for surgical correction of MVR, and may also 
be useful for other conditions that require permanently secured suture 
loops.

E-108-2010

    The invention relates to techniques and devices for cardiovascular 
valve repair, particularly annuloplasty techniques and devices in which 
tensioning elements are positioned to treat regurgitation of the mitral 
valve or tricuspid valve. More specifically, the technology pertains to 
a new device for myocardial septal traversal (``cerclage reentry'') 
that also serves to capture (ensnare) and externalize the traversing 
guidewire. The focus of the invention is to avoid a phenomenon in 
cardiac surgery known as ``trabecular entrapment.'' The device features 
an expandable and collapsible mesh deployed in the right ventricle to 
simplify capture of a reentering guidewire during transcatheter 
cerclage annuloplasty. The wire mesh exerts pressure against 
trabecular-papillary elements of the tricuspid valve to displace them 
against the right ventricular septal wall. By abutting the right 
ventricular reentry site of the cerclage guidewire, trabecular 
entrapment is avoided. The device comprises a shaft having a distal 
loop which provides a target in the interventrical myocardial septum 
through which a catheter-delivered tensioning system is guided. The 
loop ensnares the catheter-delivered tensioning system as it reenters 
the right ventricle or right atrium. The expandable and collapsible 
mesh is disposed within the right ventricle such that the catheter-
delivered tensioning system is directed from the ventricular septum 
into the right ventricular cavity through only a suitable opening in 
the mesh and such that the catheter delivered tensioning system is 
captured or ensnared within the mesh opening.
    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. 
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. 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: September 1, 2015.
Richard U. Rodriguez,
Acting Director, Office of Technology Transfer, National Institutes of 
Health.
[FR Doc. 2015-21969 Filed 9-3-15; 8:45 am]
 BILLING CODE 4140-01-P



                                                                              Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Notices                                                             53549

                                                    Licensing Contact: Michael                              Potential Commercial Applications                               • HHS Reference E–292–2007/0
                                                  Shmilovich, Esq.; 301–435–5019;                           • Essential for the payload component                           • HHS Reference E–269–2009/0
                                                  shmilovm@mail.nih.gov                                       of immunotoxins                                               • HHS Reference E–174–2011/0
                                                    Collaborative Research Opportunity:                     • Treatment of any disease associated                           • HHS Reference E–263–2011/0
                                                  The National Heart, Lung and Blood                          with increased or preferential                                  Licensing Contact: David A.
                                                  Institute is seeking statements of                          expression of a specific cell surface                         Lambertson, Ph.D.; 301–435–4632;
                                                  capability or interest from parties                         receptor                                                      lambertsond@mail.nih.gov.
                                                  interested in collaborative research to                   • Specific diseases include                                       Collaborative Research Opportunity:
                                                                                                              hematological cancers, lung cancer                            The National Cancer Institute is seeking
                                                  further develop, evaluate or
                                                                                                              (including mesothelioma), ovarian                             statements of capability or interest from
                                                  commercialize devices for pericardial
                                                                                                              cancer, breast cancer, and head and                           parties interested in collaborative
                                                  interventional procedures. For
                                                                                                              neck cancers                                                  research to further develop, evaluate or
                                                  collaboration opportunities, please                                                                                       commercialize Pseudomonas Exotoxin
                                                  contact Peg Koelble at 301–594–4095 or                    Competitive Advantages                                          A with Modified Furin Cleavage Site.
                                                  koelblep@nhlbi.nih.gov.                                   • Designing specific furin cleavage sites                       For collaboration opportunities, please
                                                  Pseudomonas Exotoxin A With                                 for particular immunotoxins can                               contact John D. Hewes, Ph.D. at
                                                  Modified Furin Cleavage Site                                improve cleavage and enhance toxin                            hewesj@mail.nih.gov.
                                                                                                              efficacy, resulting in improved                                 Dated: August 31, 2015.
                                                     Description of Technology:                               therapeutic effectiveness                                     Richard U. Rodriguez,
                                                  Immunotoxins kill cancer cells while                      • Targeted therapy decreases non-
                                                                                                                                                                            Acting Director, Office of Technology
                                                  allowing healthy, essential cells to                        specific killing of healthy, essential                        Transfer, National Institutes of Health.
                                                  survive. As a result, patients receiving                    cells, resulting in fewer non-specific
                                                                                                                                                                            [FR Doc. 2015–21940 Filed 9–3–15; 8:45 am]
                                                  immunotoxins are less likely to                             side-effects and healthier patients
                                                                                                                                                                            BILLING CODE 4140–01–P
                                                  experience the deleterious side-effects                     Development Stage: In vitro data
                                                  associated with non-specific therapies                    available.
                                                  such as chemotherapy. In order to make                      Inventors: Ira Pastan et al. (NCI).                           DEPARTMENT OF HEALTH AND
                                                  an effective immunotoxin, three                           Publications                                                    HUMAN SERVICES
                                                  components are generally required: A
                                                  targeting domain, a furin cleavage site                   1. Weldon JE, et al. Designing the furin-                       National Institutes of Health
                                                  (FCS), and a toxic payload molecule                           cleavable linker in recombinant
                                                  (such as Pseudomonas exotoxin A (PE)).                        immunotoxins based on Pseudomonas                           Prospective Grant of an Exclusive
                                                  The purpose of the FCS is to allow the                        exotoxin A. Bioconjug Chem. 2015 Jun                        Patent Commercialization License:
                                                  toxin domain to be processed by the                           17;26(6):1120–8. [PMID 25997032]                            Cerclage Annuloplasty Devices for
                                                                                                            2. Weldon JE, et al. A protease-resistant                       Treating Mitral Valve Regurgitation
                                                  target cell so that it can exert its toxic                    immunotoxin against CD22 with greatly
                                                  effect. This technology concerns the                          increased activity against CLL and                          AGENCY:     National Institutes of Health,
                                                  engineering of FCS in order to improve                        diminished animal toxicity’’ Blood. 2009                    HHS.
                                                  the efficacy of specific immunotoxins                         Apr 16;113(16):3792–800. [PMID                              ACTION:    Notice.
                                                  having distinct targeting domains.                            18988862]
                                                  Several novel FCS have been generated                        Intellectual Property: HHS Reference                         SUMMARY:   This is notice, in accordance
                                                  which can be substituted for the native                   No. E–197–2015/0–US–01—US                                       with 35 U.S.C. 209 and 37 CFR 404, that
                                                  FCS in PE. By using specific FCS with                     Provisional Application No. 62/163,667                          the National Institutes of Health (NIH),
                                                  different targeting moieties, it is                       filed May 19, 2015.                                             Department of Health and Human
                                                  possible to engineer an immunotoxin                                                                                       Services, is contemplating the grant of a
                                                  that is better suited to treating specific                Related Technologies                                            worldwide exclusive license to practice
                                                  types of cancer.                                          • HHS Reference E–262–2005/0                                    the inventions embodied in:

                                                             NIH Ref No.                         Patent application No.                               Filing date                                    Title

                                                  E–048–2009/0–US–01 ................      61/157,267 ................................   March 4, 2009 ...........................   Cerclage Locking Device    And Delivery
                                                                                                                                                                                       System.
                                                  E–048–2009/0–PCT–02 ..............       PCT/US2010/026245 ................            March 4, 2010 ...........................   Cerclage Locking Device    And Delivery
                                                                                                                                                                                       System.
                                                  E–048–2009/0–US–03 ................      13/254,160 ................................   March 4, 2010 ...........................   Cerclage Locking Device    And Delivery
                                                                                                                                                                                       System.
                                                  E–108–2010/0–US–01 ................      61/383,061 ................................   September 15, 2010 .................        Methods and Devices For    Transcatheter
                                                                                                                                                                                       Cerclage Annuloplasty.
                                                  E–108–2010/0–PCT–02 ..............       PCT/US2011/51748 ..................           September 15, 2011 .................        Methods and Devices For    Transcatheter
                                                                                                                                                                                       Cerclage Annuloplasty.
                                                  E–108–2010/0–EP–03 ................      11760945.3 ...............................    September 15, 2011 .................        Methods and Devices For    Transcatheter
                                                                                                                                                                                       Cerclage Annuloplasty.
                                                  E–108–2010/0–US–04 ................      13/824,198 ................................   March 15, 2013 .........................    Methods and Devices For    Transcatheter
                                                                                                                                                                                       Cerclage Annuloplasty.
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                                                  To Transmural Systems, LLC, a limited                       The contemplated exclusive license                            DATES: Only written comments and/or
                                                  liability company incorporated under                      may be limited to cerclage annuloplasty                         applications for a license that are
                                                  the laws of the State of Massachusetts                    devices for treating mitral valve                               received by the NIH Office of
                                                  and having its principle place of                         regurgitation.                                                  Technology Transfer on or before
                                                  business in Andover, Massachusetts.                                                                                       October 5, 2015 will be considered.


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                                                  53550                       Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Notices

                                                  ADDRESSES:    Requests for a copy of the                surgery known as ‘‘trabecular                         DEPARTMENT OF HEALTH AND
                                                  patent application, inquiries, comments                 entrapment.’’ The device features an                  HUMAN SERVICES
                                                  and other materials relating to the                     expandable and collapsible mesh
                                                  contemplated license should be directed                 deployed in the right ventricle to                    National Institutes of Health
                                                  to: Michael Shmilovich, Esq. Senior                     simplify capture of a reentering
                                                  Licensing and Patenting Manager, Office                                                                       Center for Scientific Review; Notice of
                                                                                                          guidewire during transcatheter cerclage
                                                  of Technology Transfer, National                                                                              Closed Meetings
                                                                                                          annuloplasty. The wire mesh exerts
                                                  Institutes of Health, 6011 Executive                    pressure against trabecular-papillary                   Pursuant to section 10(d) of the
                                                  Boulevard, Suite 325, Rockville, MD                     elements of the tricuspid valve to                    Federal Advisory Committee Act, as
                                                  20852–3804; Telephone: (301) 435–                                                                             amended (5 U.S.C. App.), notice is
                                                                                                          displace them against the right
                                                  5019; Facsimile: (301) 402–0220; Email:                                                                       hereby given of the following meetings.
                                                                                                          ventricular septal wall. By abutting the
                                                  shmilovm@mail.nih.gov.                                                                                          The meetings will be closed to the
                                                                                                          right ventricular reentry site of the
                                                  SUPPLEMENTARY INFORMATION:                                                                                    public in accordance with the
                                                                                                          cerclage guidewire, trabecular
                                                  E–048–2009                                              entrapment is avoided. The device                     provisions set forth in sections
                                                                                                          comprises a shaft having a distal loop                552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
                                                     The invention relates to a device that                                                                     as amended. The grant applications and
                                                  can be used to non-invasively secure                    which provides a target in the
                                                                                                          interventrical myocardial septum                      the discussions could disclose
                                                  surgical suture loops when combined                                                                           confidential trade secrets or commercial
                                                  with a percutaneous delivery system. It                 through which a catheter-delivered
                                                                                                                                                                property such as patentablematerial,
                                                  has been shown to be effective in                       tensioning system is guided. The loop
                                                                                                                                                                and personal information concerning
                                                  correcting mitral valve regurgitation                   ensnares the catheter-delivered                       individuals associated with the grant
                                                  (MVR) in an animal model. During the                    tensioning system as it reenters the right            applications, the disclosure of which
                                                  procedure, a guidewire is                               ventricle or right atrium. The                        would constitute a clearly unwarranted
                                                  percutaneously conveyed to the atrium                   expandable and collapsible mesh is                    invasion of personal privacy.
                                                  of the heart and is used to secure the                  disposed within the right ventricle such
                                                  ‘‘cerclage’’ suture encircling the mitral                                                                       Name of Committee: Surgical Sciences,
                                                                                                          that the catheter-delivered tensioning                Biomedical Imaging and Bioengineering
                                                  valve annulus, which is delivered using                 system is directed from the ventricular
                                                  a delivery catheter. The locking device                                                                       Integrated Review Group Surgery,
                                                                                                          septum into the right ventricular cavity              Anesthesiology and Trauma Study Section.
                                                  is advanced over the suture by the                      through only a suitable opening in the                  Date: October 7–8, 2015.
                                                  delivery catheter and it permanently                                                                            Time: 8:00 a.m. to 5:00 p.m.
                                                                                                          mesh and such that the catheter
                                                  secures the suture and maintains the                                                                            Agenda: To review and evaluate grant
                                                                                                          delivered tensioning system is captured
                                                  tension on the annulus once the                                                                               applications.
                                                  delivery system is removed. This                        or ensnared within the mesh opening.
                                                                                                                                                                  Place: Hilton Washington/Rockville, 1750
                                                  locking device, in combination with the                    The prospective exclusive license will             Rockville Pike, Rockville, MD 20852.
                                                  percutaneous procedure, allows for                      be royalty bearing and will comply with                 Contact Person: Weihua Luo, MD, Ph.D.,
                                                  more complete coaptation of the valve                   the terms and conditions of 35 U.S.C.                 Scientific Review Officer, Center for
                                                  leaflets and correction of MVR without                  209 and 37 CFR 404. The prospective                   Scientific Review,National Institutes of
                                                  the need for open heart surgery and its                                                                       Health, 6701 Rockledge Drive, Room 5114,
                                                                                                          exclusive license may be granted unless,              MSC 7854, Bethesda, MD 20892, (301) 435–
                                                  associated risks. The locking device is                 within thirty (30) days from the date of              1170, luow@csr.nih.gov.
                                                  also adjustable, allowing the user to                   this published notice, NIH receives                     Name of Committee: Endocrinology,
                                                  vary the tension on the suture if further               written evidence and argument that                    Metabolism, Nutrition and Reproductive
                                                  tightening or loosening is required. It is              establishes that the grant of the license             Sciences IntegratedReview Group Integrative
                                                  also MRI compatible and all follow-up                   would not be consistent with the                      Nutrition and Metabolic Processes Study
                                                  studies can be performed under MRI.                     requirements of 35 U.S.C. 209 and 37                  Section.
                                                  This invention demonstrated its ability                                                                         Date: October 8–9, 2015.
                                                                                                          CFR 404. Properly filed competing
                                                  to correct MVR in animals where the                                                                             Time: 8:00 a.m. to 1:00 p.m.
                                                                                                          applications for a license filed in                     Agenda: To review and evaluate grant
                                                  locking device was observed to maintain
                                                  the correct position and tension after                  response to this notice will be treated as            applications.
                                                  implantation. This device has the                       objections to the contemplated license.                 Place: Courtyard Long Beach, 500 E 1st
                                                  potential to replace the traditional loop               Comments and objections submitted in                  Street, Long Beach, CA 90802.
                                                                                                          response to this notice will not be made                Contact Person: Gregory S Shelness, Ph.D.,
                                                  and knot method used for surgical                                                                             Scientific Review Officer, Center for
                                                  correction of MVR, and may also be                      available for public inspection, and, to
                                                                                                                                                                Scientific Review, National Institutes of
                                                  useful for other conditions that require                the extent permitted by law, will not be              Health, 6701 Rockledge Dr., Room 6156,
                                                  permanently secured suture loops.                       released under the Freedom of                         Bethesda, MD 20892–7892, (301) 435–0492,
                                                                                                          Information Act, 5 U.S.C. 552.                        shelnessgs@csr.nih.gov.
                                                  E–108–2010
                                                                                                            Dated: September 1, 2015.                             Name of Committee: Endocrinology,
                                                     The invention relates to techniques                                                                        Metabolism, Nutrition and Reproductive
                                                  and devices for cardiovascular valve                    Richard U. Rodriguez,
                                                                                                                                                                Sciences Integrated, Review Group,
                                                  repair, particularly annuloplasty                       Acting Director, Office of Technology                 Molecular and Cellular Endocrinology Study
                                                  techniques and devices in which                         Transfer, National Institutes of Health.              Section.
                                                  tensioning elements are positioned to                   [FR Doc. 2015–21969 Filed 9–3–15; 8:45 am]              Date: October 8–9, 2015.
                                                                                                                                                                  Time: 8:00 a.m. to 3:00 p.m.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  treat regurgitation of the mitral valve or              BILLING CODE 4140–01–P
                                                  tricuspid valve. More specifically, the                                                                         Agenda: To review and evaluate grant
                                                  technology pertains to a new device for                                                                       applications.
                                                                                                                                                                  Place: Courtyard Long Beach, 500 East
                                                  myocardial septal traversal (‘‘cerclage                                                                       First Street, Long Beach, CA 90802.
                                                  reentry’’) that also serves to capture                                                                          Contact Person: John Bleasdale, Ph.D.,
                                                  (ensnare) and externalize the traversing                                                                      Scientific Review Officer, Center for
                                                  guidewire. The focus of the invention is                                                                      Scientific Review, National Institutes of
                                                  to avoid a phenomenon in cardiac                                                                              Health, 6701 Rockledge Drive, Room 6170



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Document Created: 2015-12-15 09:58:25
Document Modified: 2015-12-15 09:58:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesOnly written comments and/or applications for a license that are received by the NIH Office of Technology Transfer on or before October 5, 2015 will be considered.
FR Citation80 FR 53549 

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