[Federal Register Volume 59, Number 151 (Monday, August 8, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-19222] [[Page Unknown]] [Federal Register: August 8, 1994] ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Opportunity for Exclusive or Non-Exclusive Licensing: Prostratin, a Novel Anti-viral Compound Useful in the Treatment of Acquired Immunodeficiency Syndrome (AIDS) AGENCY: National Institutes of Health, Public Health Service, DHHS. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The National Institutes of Health (NIH), Department of Health and Human Services (DHHS), seeks exclusive or non-exclusive licensee(s) who can effectively pursue the preclinical, clinical and commercial development of prostratin for the treatment of human immunodeficiency virus (HIV) infection. Scientists at the National Cancer Institute have identified a new composition comprising the 12-deoxyphorbol ester derivative, prostratin, and a pharmaceutically acceptable carrier that has been found to have strong antiviral activity against HIV-1. These compounds may have advantageous pharmacologic, toxicologic, and/or antiviral properties, especially in the treatment of AIDS. NIH intends to grant the selected firm(s) world-wide royalty-bearing license(s) to practice the inventions embodied in U.S. Patent Application SN 07/ 530,562 entitled ``Antiviral Composition'' and related foreign patent applications for this field of use. The patent rights in these inventions have been assigned to the United States of America. SUPPLEMENTARY INFORMATION: The NIH seeks exclusive or non-exclusive licensee(s), who in accordance with requirements and regulations governing the licensing of government-owned inventions (37 CFR part 404), have the most meritorious plan for the development of prostratin to a marketable status to meet the needs of the public and with the best terms for the NIH. Specifically, firm(s) are sought who directly or indirectly, will be able to: (1) Isolate or synthesize and provide sufficient amounts (e.g. multi-kilogram amounts) of compounds for preclinical drug development; (2) Carry out preclinical toxicology and pharmacology studies and testing, without guaranteed assistance from the government, to complement preclinical toxicology and pharmacology currently being performed to the Investigational New Drug (IND) stage by NCI. (3) Perform formulation for oral and intravenous use, vialing, quality control testing, bioavailability testing and distribution of the drug for Phase I and Phase II and, if appropriate, Phase III clinical trials both in the NIH intramural program and in the extramural AIDS Clinical Trials Groups (ACTGs) established by the National Institute of Allergy and Infectious Diseases (NIAID). The clinical trials may be performed under the sponsorship of an IND to be held by NCI or NIAID. Prior to being released for commercial distribution, the drug will have to be granted a product license by the Food and Drug Administration (FDA); (4) Synthesize bulk pharmaceutical product necessary for the treatment of 500-1,500 patients with HIV infection in Phase I, II and III developmental studies; (5) Perform clinical studies. NCI and NIAID may conduct studies of prostratin in the ACTGs and the NIH Clinical Center, and the company will be expected to provide the drug free of charge to NIH for studies conducted in the ACTGs and in the NIH intramural program; the company will be expected to cooperate with NCI and NIAID in providing the drug and supporting distribution of the drug under a treatment IND when appropriate; (6) Provide data management support for both the intramural NIH and extramural studies of prostratin necessary for the timely submission of a NDA to the FDA; (7) Share the cost with NIH of intramural and extramural clinical monitoring studies (pharmacokinetics, patient immune profiles and viral outgrowth studies) necessary for the demonstration of clinical efficacy of prostratin for the treatment of AIDS; (8) Since prostratin and its anti-HIV properties were discovered through Samoan healers' knowledge of flora indigenous to the primary forests of Samoa, the NIH is concerned that the collection and utilization of the natural plant material comport with all applicable Federal and Samoan policies related to biodiversity. In order to comport with such policies, the successful applicant will be required to negotiate and enter into agreements with the appropriate Samoan government agencies. The original collector of the source plant which was tested for anti-HIV activity on the basis of interviews with Samoan healers, may be willing to facilitate such negotiations. In the event that these negotiations with the Samoan authorities are unsuccessful, the licensee must agree to consent to binding arbitration. The criteria that NIH will use to evaluate exclusive or non- exclusive license applications will include, but not be limited to those set forth by 37 CFR 404.7(a)(1)(ii)-(iv), as well as: (1) Manufacturing capabilities for antiviral compounds and a plan for production of prostratin; (2) Experience in preclinical and clinical drug development with special emphasis on the development of antiviral compounds; (3) Experience in the evaluation, monitoring and interpretation of data for investigational biologic and virologic assays under an IND; (4) Experience in the evaluation, monitoring and interpretation of data from Phase I and Phase II clinical studies for an IND; (5) Demonstrated expertise in monitoring drug levels using state- of-the-art methods for measuring drugs in blood, urine and CSF; (6) A willingness to cooperate with NCI in the collection, evaluation, publication and maintenance of data from animal studies and from clinical trials and tests of investigational biologic assays; (7) Demonstrated competence in developing oral formulation and sustained-release oral formulations; (8) Ability to produce, package, market and distribute pharmaceutical products in the United States and to provide the product at a reasonable price; (9) Willingness to sustain the cost of prostratin drug development as outlined above (i.e., bulk drug synthesis, data management, animal studies, clinical studies, etc.); (10) Agreement to be bound by DHHS regulations and guidelines involving human and animal subjects; (11) An aggressive developmental plan that includes appropriate milestones and deadlines for preclinical and clinical development and for marketing approval. (12) Agreement to negotiate and enter into agreements with the appropriate Samoan authorities on terms acceptable to all parties. EFFECTIVE DATE: In view of the high priority for developing new drugs for the treatment of HIV infection, all proposals must be received on or before October 7, 1994. ADDRESSES: Requests for a summary of the anti-HIV activity of prostratin or other questions and comments concerning the clinical aspects of this technology should be directed to: Kate Duffy Mazan, J.D., Office of Technology Development, National Cancer Institute, Building 31, Room 4A34, 9000 Rockville Pike, Bethesda, MD 20892. Telephone: (301) 496-0477; Fax: (301) 402-2117. Requests for a copy of the patent application, license application form, or other questions and comments concerning the licensing of this technology should be directed to: Steven M. Ferguson, Technology Licensing Specialist, Office of Technology Transfer, National Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, MD 20852. Telephone: (301) 496-7735 extension 266; E-mail: Steve-- Ferguson@NIHOD601; Fax: (301) 402-0220. A signed confidentiality agreement will be required to receive a copy of the patent application. Dated: July 30, 1994. Barbara M. McGarey, Deputy Director, Office of Technology Transfer. [FR Doc. 94-19222 Filed 8-5-94; 8:45 am] BILLING CODE 4140-01-P