83_FR_46123 83 FR 45947 - Prospective Grant of an Exclusive Patent License: Photoactivatable Liposomal Nanoparticle for the Delivery of an Immunotherapeutic or Immunotherapeutic-Enabling Agent

83 FR 45947 - Prospective Grant of an Exclusive Patent License: Photoactivatable Liposomal Nanoparticle for the Delivery of an Immunotherapeutic or Immunotherapeutic-Enabling Agent

DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health

Federal Register Volume 83, Issue 176 (September 11, 2018)

Page Range45947-45948
FR Document2018-19604

The National Cancer Institute, an institute of the National Institutes of Health, Department of Health and Human Services, is contemplating the grant of an Exclusive Patent License to practice the inventions embodied in the Patents and Patent Applications listed in the Supplementary Information section of this notice to Nano Red LLC (``Nano Red'') located in Milwaukee, Wisconsin.

Federal Register, Volume 83 Issue 176 (Tuesday, September 11, 2018)
[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)]
[Notices]
[Pages 45947-45948]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19604]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of an Exclusive Patent License: 
Photoactivatable Liposomal Nanoparticle for the Delivery of an 
Immunotherapeutic or Immunotherapeutic-Enabling Agent

AGENCY: National Institutes of Health, HHS.

ACTION: Notice.

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

SUMMARY: The National Cancer Institute, an institute of the National 
Institutes of Health, Department of Health and Human Services, is 
contemplating the grant of an Exclusive Patent License to practice the 
inventions embodied in the Patents and Patent Applications listed in 
the Supplementary Information section of this notice to Nano Red LLC 
(``Nano Red'') located in Milwaukee, Wisconsin.

DATES: Only written comments and/or applications for a license which 
are received by the National Cancer Institute's Technology Transfer 
Center on or before September 26, 2018 will be considered.

ADDRESSES: Requests for copies of the patent application, inquiries, 
and comments relating to the contemplated an Exclusive Patent License 
should be directed to: Jasmine Yang, Sr. Licensing and Patenting 
Manager, NCI Technology Transfer Center, 9609 Medical Center Drive, RM 
1E530 MSC 9702, Bethesda, MD 20892-9702 (for business mail), Rockville, 
MD 20850-9702 Telephone: (240) 276-5530; Facsimile: (240) 276-5504 
Email: jasmine.yang@nih.gov.

SUPPLEMENTARY INFORMATION: 

Intellectual Property

1. U.S. Provisional Patent Application (Application No. 61/845,861) 
filed July 12, 2013, HHS Reference No.: E-482-2013/0-US-01
2. PCT Application (Application No. PCT/US2014/045922) filed July 
09, 2014, HHS Reference No.: E-482-2013/0-PCT-02
3. Canada Patent Application (Application No. 2917545) filed 09 July 
2014, HHS Reference No.: E-482-2013/0-CA-03
4. European Patent Application (Application No. 14745037.3) filed 09 
July 2014, HHS Reference No.: E-482-2013/0-EP-04
5. U.S. Patent Application (Allowed Application No. 14/904,385) 
filed January 11, 2016, HHS Reference No.: E-482-2013/0-US-05

    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 where patent 
applications are filed and the field of use may be limited to 
``Photoactivatable liposomal nanoparticle for the delivery of an 
immunotherapeutic or immunotherapeutic-enabling agent''. Additional 
licensable fields of use are available (e.g. encapsulating imaging 
agent).
    This technology discloses a photoactivatable, lipid-based 
nanoparticles containing at least one hydrophilic agent, wherein the 
agent could be an anti-cancer agent, an imaging agent, or an anti-
inflammatory agent and the lipid bilayer wall of the nanoparticle is 
comprised of (i) a lipid bilayer comprising (a) 1,2-bis(tricosa-10,12-
diynoyl)-sn-glycero-3-phosphocholine (DC8,9PC), (b) 1,2-distearoyl-sn-
glycero-3-phosphoethanolamine-N-methoxy(polyethylene glycol) (DSPE-PEG) 
and (c) dipalmitoylphosphatidylcholine (DPPC), and (ii) a tetrapyrollic 
photosensitizer, 2-[1-hexyloxyethyl]-2-devinyl pyropheophorbide-a 
(HPPH), and wherein the encapsulated agent is released by exposure to 
near-infrared light.
    This notice is made in accordance with 35 U.S.C. 209 and 37 CFR 
part 404. The prospective exclusive license will be royalty bearing, 
and the prospective exclusive license may be granted unless within 
fifteen (15) days from the date of this published notice, the National 
Cancer Institute 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 part 404.

[[Page 45948]]

    In response to this Notice, the public may file comments or 
objections. Comments and objections, other than those in the form of a 
license application, will not be treated confidentially, and may be 
made publicly available.
    License applications submitted in response to this Notice will be 
presumed to contain business confidential information and any release 
of information in these license applications will be made only as 
required and upon a request under the Freedom of Information Act, 5 
U.S.C. 552.

    Dated: August 31, 2018.
Richard U. Rodriguez,
Associate Director, Technology Transfer Center, National Cancer 
Institute.
[FR Doc. 2018-19604 Filed 9-10-18; 8:45 am]
 BILLING CODE 4140-01-P



                                                                         Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices                                            45947

                                                  Agenda: The committee will be asked                  meetings and will make every effort to                SUPPLEMENTARY INFORMATION:
                                               to discuss new drug application (NDA)                   accommodate persons with disabilities.
                                                                                                                                                             Intellectual Property
                                               209128, sufentanil sublingual tablets,                  If you require accommodations due to a
                                               submitted by AcelRx Pharmaceuticals,                    disability, please contact Moon Hee V.                1. U.S. Provisional Patent Application
                                               Inc., for the management of moderate-to-                Choi (see FOR FURTHER INFORMATION                         (Application No. 61/845,861) filed July
                                               severe acute pain severe enough to                      CONTACT) at least 7 days in advance of                    12, 2013, HHS Reference No.: E–482–
                                               require an opioid analgesic and for                     the meeting.                                              2013/0–US–01
                                               which alternative treatments are                           FDA is committed to the orderly                    2. PCT Application (Application No. PCT/
                                               inadequate, in adult patients in a                      conduct of its advisory committee                         US2014/045922) filed July 09, 2014,
                                               medically supervised setting. The                       meetings. Please visit our website at                     HHS Reference No.: E–482–2013/0–PCT–
                                               committee will also be asked to discuss                 https://www.fda.gov/Advisory                              02
                                               risk-benefit considerations and whether                 Committees/AboutAdvisoryCommittees/                   3. Canada Patent Application (Application
                                                                                                                                                                 No. 2917545) filed 09 July 2014, HHS
                                               this product should be approved.                        ucm111462.htm for procedures on
                                                                                                                                                                 Reference No.: E–482–2013/0–CA–03
                                                  FDA intends to make background                       public conduct during advisory                        4. European Patent Application (Application
                                               material available to the public no later               committee meetings.                                       No. 14745037.3) filed 09 July 2014, HHS
                                               than 2 business days before the meeting.                   Notice of this meeting is given under                  Reference No.: E–482–2013/0–EP–04
                                               If FDA is unable to post the background                 the Federal Advisory Committee Act (5                 5. U.S. Patent Application (Allowed
                                               material on its website prior to the                    U.S.C. app. 2).                                           Application No. 14/904,385) filed
                                               meeting, the background material will                     Dated: September 4, 2018.                               January 11, 2016, HHS Reference No.: E–
                                               be made publicly available at the                                                                                 482–2013/0–US–05
                                                                                                       Leslie Kux,
                                               location of the advisory committee                      Associate Commissioner for Policy.                       The patent rights in these inventions
                                               meeting, and the background material                                                                          have been assigned and/or exclusively
                                                                                                       [FR Doc. 2018–19668 Filed 9–10–18; 8:45 am]
                                               will be posted on FDA’s website after                                                                         licensed to the government of the
                                                                                                       BILLING CODE 4164–01–P
                                               the meeting. Background material is                                                                           United States of America.
                                               available at https://www.fda.gov/                                                                                The prospective exclusive license
                                               AdvisoryCommittees/Calendar/                            DEPARTMENT OF HEALTH AND                              territory may be where patent
                                               default.htm. Scroll down to the                         HUMAN SERVICES                                        applications are filed and the field of
                                               appropriate advisory committee meeting                                                                        use may be limited to ‘‘Photoactivatable
                                               link.                                                   National Institutes of Health                         liposomal nanoparticle for the delivery
                                                  Procedure: Interested persons may
                                                                                                                                                             of an immunotherapeutic or
                                               present data, information, or views,                    Prospective Grant of an Exclusive                     immunotherapeutic-enabling agent’’.
                                               orally or in writing, on issues pending                 Patent License: Photoactivatable
                                               before the committee. All electronic and                                                                      Additional licensable fields of use are
                                                                                                       Liposomal Nanoparticle for the                        available (e.g. encapsulating imaging
                                               written submissions submitted to the                    Delivery of an Immunotherapeutic or
                                               Docket (see ADDRESSES) on or before                                                                           agent).
                                                                                                       Immunotherapeutic-Enabling Agent
                                               October 4, 2018, will be provided to the                                                                         This technology discloses a
                                               committee. Oral presentations from the                  AGENCY:    National Institutes of Health,             photoactivatable, lipid-based
                                               public will be scheduled between                        HHS.                                                  nanoparticles containing at least one
                                               approximately 1 p.m. and 2 p.m. Those                   ACTION:   Notice.                                     hydrophilic agent, wherein the agent
                                               individuals interested in making formal                                                                       could be an anti-cancer agent, an
                                                                                                       SUMMARY:    The National Cancer Institute,            imaging agent, or an anti-inflammatory
                                               oral presentations should notify the                    an institute of the National Institutes of
                                               contact person and submit a brief                                                                             agent and the lipid bilayer wall of the
                                                                                                       Health, Department of Health and                      nanoparticle is comprised of (i) a lipid
                                               statement of the general nature of the                  Human Services, is contemplating the
                                               evidence or arguments they wish to                                                                            bilayer comprising (a) 1,2-bis(tricosa-
                                                                                                       grant of an Exclusive Patent License to               10,12-diynoyl)-sn-glycero-3-
                                               present, the names and addresses of                     practice the inventions embodied in the
                                               proposed participants, and an                                                                                 phosphocholine (DC8,9PC), (b) 1,2-
                                                                                                       Patents and Patent Applications listed                distearoyl-sn-glycero-3-
                                               indication of the approximate time                      in the Supplementary Information
                                               requested to make their presentation on                                                                       phosphoethanolamine-N-
                                                                                                       section of this notice to Nano Red LLC                methoxy(polyethylene glycol) (DSPE–
                                               or before September 26, 2018. Time                      (‘‘Nano Red’’) located in Milwaukee,
                                               allotted for each presentation may be                                                                         PEG) and (c)
                                                                                                       Wisconsin.                                            dipalmitoylphosphatidylcholine
                                               limited. If the number of registrants
                                               requesting to speak is greater than can                 DATES: Only written comments and/or                   (DPPC), and (ii) a tetrapyrollic
                                               be reasonably accommodated during the                   applications for a license which are                  photosensitizer, 2-[1-hexyloxyethyl]-2-
                                               scheduled open public hearing session,                  received by the National Cancer                       devinyl pyropheophorbide-a (HPPH),
                                               FDA may conduct a lottery to determine                  Institute’s Technology Transfer Center                and wherein the encapsulated agent is
                                               the speakers for the scheduled open                     on or before September 26, 2018 will be               released by exposure to near-infrared
                                               public hearing session. The contact                     considered.                                           light.
                                               person will notify interested persons                   ADDRESSES: Requests for copies of the                    This notice is made in accordance
                                               regarding their request to speak by                     patent application, inquiries, and                    with 35 U.S.C. 209 and 37 CFR part 404.
                                               September 27, 2018.                                     comments relating to the contemplated                 The prospective exclusive license will
                                                  Persons attending FDA’s advisory                     an Exclusive Patent License should be                 be royalty bearing, and the prospective
                                               committee meetings are advised that                     directed to: Jasmine Yang, Sr. Licensing              exclusive license may be granted unless
daltland on DSKBBV9HB2PROD with NOTICES




                                               FDA is not responsible for providing                    and Patenting Manager, NCI Technology                 within fifteen (15) days from the date of
                                               access to electrical outlets.                           Transfer Center, 9609 Medical Center                  this published notice, the National
                                                  For press inquiries, please contact the              Drive, RM 1E530 MSC 9702, Bethesda,                   Cancer Institute receives written
                                               Office of Media Affairs at fdaoma@                      MD 20892–9702 (for business mail),                    evidence and argument that establishes
                                               fda.hhs.gov or 301–796–4540.                            Rockville, MD 20850–9702 Telephone:                   that the grant of the license would not
                                                  FDA welcomes the attendance of the                   (240) 276–5530; Facsimile: (240) 276–                 be consistent with the requirements of
                                               public at its advisory committee                        5504 Email: jasmine.yang@nih.gov.                     35 U.S.C. 209 and 37 CFR part 404.


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                                               45948                     Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices

                                                 In response to this Notice, the public                  Closed: 1:00 p.m. to 5:00 p.m.                      Emphasis Panel; NIAID Clinical Trial
                                               may file comments or objections.                          Agenda: To review and evaluate grant                Implementation Cooperative Agreement (U01
                                               Comments and objections, other than                     applications.                                         Clinical Trial Required) and NIAID SBIR
                                                                                                         Place: NIH, National Eye Institute, 6700B           Phase II Clinical Trial Implementation
                                               those in the form of a license
                                                                                                       Rockledge Drive, First Floor Conference               Cooperative Agreement (U44 Clinical Trial
                                               application, will not be treated                        Rooms, Bethesda, MD 20817.
                                               confidentially, and may be made                                                                               Required).
                                                                                                         Contact Person: Paul A. Sheehy, Ph.D.,
                                               publicly available.                                     Director, Division of Extramural Affairs,               Date: October 10, 2018.
                                                 License applications submitted in                     National Eye Institute, National Institutes of          Time: 11:00 a.m. to 3:00 p.m.
                                               response to this Notice will be                         Health, 5635 Fishers Lane, Suite 12300,                 Agenda: To review and evaluate grant
                                               presumed to contain business                            Bethesda, MD 20892, 301–451–2020, ps32h@              applications.
                                               confidential information and any release                nih.gov.                                                Place: National Institutes of Health, 5601
                                               of information in these license                           Information is also available on the                Fishers Lane, Rockville, MD 20892
                                               applications will be made only as                       Institute’s/Center’s home page:                       (Telephone Conference Call).
                                               required and upon a request under the                   www.nei.nih.gov, where an agenda and any                Contact Person: Brenda Lange-Gustafson,
                                                                                                       additional information for the meeting will           Ph.D., Scientific Review Officer, NIAID/NIH/
                                               Freedom of Information Act, 5 U.S.C.                    be posted when available.
                                               552.                                                                                                          DHHS, Scientific Review Program,5601
                                                                                                       (Catalogue of Federal Domestic Assistance             Fishers Lane, Room 3G13, Rockville, MD
                                                 Dated: August 31, 2018.                               Program Nos. 93.867, Vision Research,                 20852, 240–669–5047, bgustafson@
                                               Richard U. Rodriguez,                                   National Institutes of Health, HHS)                   niaid.nih.gov.
                                               Associate Director, Technology Transfer                   Dated: September 5, 2018.                           (Catalogue of Federal Domestic Assistance
                                               Center, National Cancer Institute.                      Natasha M. Copeland,                                  Program Nos. 93.855, Allergy, Immunology,
                                               [FR Doc. 2018–19604 Filed 9–10–18; 8:45 am]             Program Analyst, Office of Federal Advisory           and Transplantation Research; 93.856,
                                               BILLING CODE 4140–01–P                                  Committee Policy.                                     Microbiology and Infectious Diseases
                                                                                                       [FR Doc. 2018–19606 Filed 9–10–18; 8:45 am]           Research, National Institutes of Health, HHS)
                                                                                                       BILLING CODE 4140–01–P                                  Dated: September 5, 2018.
                                               DEPARTMENT OF HEALTH AND
                                               HUMAN SERVICES                                                                                                Natasha M. Copeland,
                                                                                                       DEPARTMENT OF HEALTH AND                              Program Analyst, Office of Federal Advisory
                                               National Institutes of Health                                                                                 Committee Policy.
                                                                                                       HUMAN SERVICES
                                               National Eye Institute; Notice of                                                                             [FR Doc. 2018–19607 Filed 9–10–18; 8:45 am]
                                               Meeting                                                 National Institutes of Health                         BILLING CODE 4140–01–P

                                                  Pursuant to section 10(d) of the                     National Institute of Allergy and
                                               Federal Advisory Committee Act, as                      Infectious Diseases; Notice of Closed                 DEPARTMENT OF HEALTH AND
                                               amended, notice is hereby given of a                    Meetings                                              HUMAN SERVICES
                                               meeting of the National Advisory Eye                      Pursuant to section 10(d) of the
                                               Council.                                                Federal Advisory Committee Act, as                    National Institutes of Health
                                                  The meeting will be open to the
                                                                                                       amended, notice is hereby given of the
                                               public as indicated below, with                                                                               National Institute on Drug Abuse
                                                                                                       following meetings.
                                               attendance limited to space available.                    The meetings will be closed to the                  Amended; Notice of Meeting
                                               Individuals who plan to attend and                      public in accordance with the
                                               need special assistance, such as sign                   provisions set forth in sections                        Notice is hereby given of a change in
                                               language interpretation or other                        552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,            the meeting of the National Institute on
                                               reasonable accommodations, should                       as amended. The grant applications and                Drug Abuse Special Emphasis Panel,
                                               notify the Contact Person listed below                  the discussions could disclose                        September 25, 2018, 10:00 a.m. to
                                               in advance of the meeting.                              confidential trade secrets or commercial              September 25, 2018, 12:00 p.m.,
                                                  The meeting will be closed to the                                                                          National Institutes of Health,
                                                                                                       property such as patentable material,
                                               public in accordance with the                                                                                 Neuroscience Center, 6001 Executive
                                                                                                       and personal information concerning
                                               provisions set forth in sections                                                                              Boulevard, Rockville, MD 20852 which
                                                                                                       individuals associated with the grant
                                               552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
                                                                                                       applications, the disclosure of which                 was published in the Federal Register
                                               as amended. The grant applications and
                                                                                                       would constitute a clearly unwarranted                on August 15, 2018, 83 159 FR 2018–
                                               the discussions could disclose
                                                                                                       invasion of personal privacy.                         17674.
                                               confidential trade secrets or commercial
                                               property such as patentable material,                     Name of Committee: National Institute of              The meeting date was changed to
                                               and personal information concerning                     Allergy and Infectious Diseases Special               October 9, 2018. The meeting time did
                                                                                                       Emphasis Panel; NIAID Peer Review Meeting.
                                               individuals associated with the grant                                                                         not change. The meeting is closed to the
                                                                                                         Date: October 10, 2018.
                                               applications, the disclosure of which                     Time: 10:30 a.m. to 6:00 p.m.                       public.
                                               would constitute a clearly unwarranted                    Agenda: To review and evaluate contract               Dated: September 5, 2018.
                                               invasion of personal privacy.                           proposals.
                                                                                                                                                             Natasha M. Copeland,
                                                 Name of Committee: National Advisory                    Place: National Institutes of Health, 5601
                                                                                                       Fishers Lane, Rockville, MD 20892                     Program Analyst, Office of Federal Advisory
                                               Eye Council.
                                                 Date: October 12, 2018.                               (Telephone Conference Call).                          Committee Policy.
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                                                 Open: 8:30 a.m. to 12:00 p.m.                           Contact Person: Chelsea D. Boyd, Ph.D.,             [FR Doc. 2018–19608 Filed 9–10–18; 8:45 am]
                                                 Agenda: Following opening remarks by the              Scientific Review Officer, Scientific Review
                                                                                                                                                             BILLING CODE 4140–01–P
                                               Director, NEI, there will be presentations by           Program, DEA/NIAID/NIH/DHHS, 5601
                                               the staff of the Institute and discussions              Fishers Lane, MSC–9823, Rockville, MD
                                               concerning Institute programs.                          20852–9834, 240–669–2081, chelsea.boyd@
                                                 Place: NIH, National Eye Institute, 6700B             nih.gov.
                                               Rockledge Drive, First Floor Conference                   Name of Committee: National Institute of
                                               Rooms, Bethesda, MD 20817.                              Allergy and Infectious Diseases Special



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Document Created: 2018-09-11 01:02:40
Document Modified: 2018-09-11 01:02:40
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 which are received by the National Cancer Institute's Technology Transfer Center on or before September 26, 2018 will be considered.
FR Citation83 FR 45947 

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