9678 Federal Register / Vol. 77, No. 33 / Friday, February 17, 2012 / Notices 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Institutes of Health 

Prospective Grant of Exclusive 

License: Photosensitizing AntibodyFluorophore Conjugates for PhotoImmunotherapy 

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 a worldwide 

exclusive evaluation option license, to 

practice the inventions embodied in US 

patent application 13/180,111, filed July 

11, 2011 (HHS Reference# E–205–2010/ 

0–US–02), originated from provisional 

application 61/363,079 filed July 09, 

2010, and entitled ‘‘Photosensitizing 

Antibody Fluorophore Conjugates for 

Photo-Immunotherapy’’ to Aspyrian 

Therapeutics, Inc., a company 

incorporated under the laws of the State 

of Delaware, having its headquarters in 

San Diego, California. The United States 

of America is the assignee of the rights 

of the above inventions. 

The field of use may be limited to 

‘‘use of photosensitizing antibodyfluorophore conjugate for imaging and 

photo-immunotherapy of cancer’’ and 

may be further limited to certain types 

of cancer and/or specific platforms. 

Upon the expiration or termination of 

the exclusive evaluation option license, 

Aspyrian Therapeutics, Inc. will have 

the right to execute an exclusive 

worldwide patent commercialization 

license which will supersede and 

replace the exclusive evaluation option 

license with the same field of use. 

DATES: Only written comments and/or 

applications for a license received by 

the NIH Office of Technology Transfer 

on or before March 5, 2012 will be 

considered. 

ADDRESSES: Requests for a copy of the 

patent application, inquiries, comments 

and other materials relating to the 

contemplated license should be directed 

to: Uri Reichman, Ph.D., M.B.A., Office 

of Technology Transfer, National 

Institutes of Health, 6011 Executive 

Boulevard, Suite 325, Rockville, MD 

20852–3804; Telephone: (301) 435– 

4616; Facsimile: (301) 402–0220; Email: 

Reichmau@mail.nih.gov. A signed 

confidentiality nondisclosure agreement 

will be required to receive copies of any 

patent applications that have not been 

published or issued by the United States 

Patent and Trademark Office or the 

World Intellectual Property 

Organization. 

SUPPLEMENTARY INFORMATION: The 

present technology provides a novel 

method for cancer therapy which may 

offer improved specificity and 

sensitivity in cancer treatment. The 

method is based on molecular targeting. 

More specifically, it is based on 

photoimmunotherapy (PIT). The 

therapeutic agent is a targeted 

photosensitizer composed of a tumor 

specific antibody conjugated to IR700 

dye, where the dye is sensitive to a near 

infrared light. Upon administration of 

the conjugated antibody to a subject, it 

specifically binds to the targeted 

cancerous tissue. Upon subsequent 

irradiation with a near infrared light, the 

dye releases energy that leads to the 

killing of the targeted cells. The concept 

was proven by the inventors in vitro and 

in vivo with mouse models, using 

humanized anti-HER1 (Panitumumab, 

for colon cancer), anti-HER2 

(Trastuzumab, for breast cancer) and 

anti-PSMA antibody (huJ591, for 

prostate cancer). Targeted cells were 

completely killed while normal cells 

were not noticeably affected. The 

technology provides also for wearable 

LED systems that can be used to 

irradiate the photosensitizer. 

The prospective exclusive evaluation 

option license will comply with the 

terms and conditions of 35 U.S.C. 209 

and 37 CFR 404.7. The prospective 

exclusive evaluation option license may 

be granted unless, within fifteen (15) 

days from the date of this published 

notice, NIH receives written evidence 

and argument that establishes that the 

grant of the license would not be 

consistent with the requirements of 35 

U.S.C. 209 and 37 CFR 404.7. 

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: February 13, 2012. 

Richard U. Rodriguez, 

Director, Division of Technology Development 

and Transfer, Office of Technology Transfer, 

National Institutes of Health. 

[FR Doc. 2012–3828 Filed 2–16–12; 8:45 am] 

BILLING CODE 4140–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Institutes of Health 

Prospective Grant of Exclusive 

License: The Development of Human 

Anti-CD22 Monoclonal Antibodies for 

the Treatment of Human Cancers and 

Autoimmune Disease 

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, Department of 

Health and Human Services, is 

contemplating the grant of an exclusive 

evaluation option license to practice the 

inventions embodied in U.S. Patent 

Application 61/042,239 entitled 

‘‘Human Monoclonal Antibodies 

Specific for CD22’’ [HHS Ref. E–080– 

2008/0–US–01], PCT Application PCT/ 

US2009/124109 entitled ‘‘Human and 

Improved Murine Monoclonal 

Antibodies Against CD22’’ [HHS Ref. E– 

080–2008/0–PCT–02], U.S. patent 

application 12/934,214 entitled ‘‘Human 

Monoclonal Antibodies Specific for 

CD22’’ [HHS Ref. E–080–2008/0–US– 

03], and all related continuing and 

foreign patents/patent applications for 

the technology family, to Sanomab, Ltd. 

The patent rights in these inventions 

have been assigned to and/or 

exclusively licensed to the Government 

of the United States of America. 

The prospective exclusive evaluation 

option license territory may be 

worldwide, and the field of use may be 

limited to: 

The use of the m971 and m972 (SMB–002) 

monoclonal antibodies as therapies for the 

treatment of B cell cancers and autoimmune 

disease. The Licensed Field of Use includes 

the use of the antibodies in the form of an 

immunoconjugate, including immunotoxins. 

Upon the expiration or termination of 

the exclusive evaluation option license, 

Sanomab, Ltd. will have the exclusive 

right to execute an exclusive 

commercialization license which will 

supersede and replace the exclusive 

evaluation option license with no 

greater field of use and territory than 

granted in the exclusive evaluation 

option license. 

DATES: Only written comments and/or 

applications for a license which are 

received by the NIH Office of 

Technology Transfer on or before March 

5, 2012 will be considered. 

ADDRESSES: Requests for copies of the 

patent application, inquiries, comments, 

and other materials relating to the 

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