[Federal Register Volume 76, Number 65 (Tuesday, April 5, 2011)]
[Notices]
[Pages 18769-18770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8090]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: Device and System for Two 
Dimensional Analysis of Biomolecules From Tissue and Other Samples

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

ACTION: Notice.

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SUMMARY: This is notice, in accordance with 35 U.S.C. 209(c)(1) and 37 
CFR part 404.7(a)(1)(i), that 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 PCT 
Patent Application No. PCT/US03/37208 [HHS Ref. No. E-339-2002/0-PCT-
02], filed November 20, 2003, which published as WO 2004/048928 on June 
10, 2004, now expired, entitled ``Method And Apparatus for Performing 
Multiple Simultaneous Manipulations of Biomolecules In a Two-
Dimensional Array;'' U.S. Patent Application No. 10/535,521 [HHS Ref. 
No. E-339-2002/0-US-03], filed May 18, 2005, now abandoned, which 
published as US-2006-0147926 A1 on July 6, 2006 entitled ``Method And 
Apparatus for Performing Multiple Simultaneous Manipulations of 
Biomolecules In a Two-Dimensional Array;'' U.S. Patent Application No. 
12/587,976 [HHS Ref. No. E-339-2002/0-US-04], filed October 14, 2009, 
which published as US-2010-010506 on April 29, 2010 entitled ``Device 
for External Movement Manipulation of Nucleic Acids and/or Proteins;'' 
U.S. Provisional Patent Application No. 61/206,458 [HHS Ref. No. E-130-
2006/0-US-01] filed January 30, 2009, entitled, ``Amplification 
Platform and Methods of Use Thereof, now expired, and PCT Patent 
Application No. PCT/US10/022586 [HHS Ref. No. E-130-2006/0-PCT-02] 
filed January 29, 2010 and which published as WO 2010/088517 on August 
5, 2010, entitled, ``Methods and Systems for Purifying, Transferring 
and/or Manipulating Nucleic Acids;'' and all continuing applications 
and foreign counterparts to 2-D Bio, LLC, having a place of business in 
Gaithersburg, Maryland. The patent rights in these inventions have been 
assigned to the United States of America. However, the patent rights 
for HHS Ref. No. E-130-2006/0-US-01 and HHS Ref. No. E-130-2006/0-PCT-
02 are co-owned and co-assigned to the University of Maryland. The 
United States of America has obtained an exclusive license to the 
University of Maryland's rights in the invention.
    The prospective exclusive license territory may be ``worldwide'', 
and the field of use may be limited to ``development of devices for 
sale and services for high throughput parallel analysis and two 
dimensional analyses of molecules for all uses.''

DATES: Only written comments and/or applications for a license which 
are received by the NIH Office of Technology Transfer on or before May 
5, 2011 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: Kevin W. Chang, PhD, Senior Licensing 
and Patenting Manager, Office of Technology Transfer, National 
Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, 
MD 20852-3804; Telephone: (301) 435-5018; Facsimile: (301) 402-0220; E-
mail: <a href="/cdn-cgi/l/email-protection#0c6f646d626b67694c616d656022626564226b637a"><span class="__cf_email__" data-cfemail="d8bbb0b9b6bfb3bd98b5b9b1b4f6b6b1b0f6bfb7ae">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The subject technologies are methods, 
systems, and devices for purifying, transferring, or manipulating 
biomolecules, including nucleic acids from a sample, or performing a 
combination thereof, that substantially preserve two-dimensional (2D) 
spatial information on the original locations of the biomolecules 
within the sample.
    The prospective exclusive license will be royalty bearing and will 
comply with the terms and conditions of 35 U.S.C.

[[Page 18770]]

209 and 37 CFR 404.7. The prospective exclusive license may be granted 
unless within thirty (30) 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 29, 2011.
Richard U. Rodriguez,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer, National Institutes of Health.
[FR Doc. 2011-8090 Filed 4-4-11; 8:45 am]
BILLING CODE 4140-01-P


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