[Ip-health] Thompson assigns NIH to review March-In Requests on Xalatan and Norvir

[James Love]

DHHS Secretary Thompson has asked the NIH to review the Essential
Inventions March-In requests on Xalatan and Norvir.   Those who want to
contribute to the record about these cases should write to the NIH
Office of Technology Transfer at the address given below.   Here is the
NIH letter.

Jamie




                          Department of Health & Human
                          Services
                          Public Health Service
                          National Institutes of Health
                          Office of Technology Transfer
                          National Institutes of Health
                          6011 Executive Boulevard
                          Rockville, MD 20852


February 12, 2004



Mr. James Love, President
Mr. Sean Flynn, Counsel
Essential Innovations, Inc.
P.O. Box 19367
Washington, DC 20036


Dear Messrs. Love and Flynn:


This is to acknowledge that the National Institutes of
Health (NIH) has received two letters, both dated January
29, that you submitted to The Honorable Tommy Thompson,
Secretary, Department of Health and Human Services.

The letters request the Secretary to use authority under the
Bayh-Dole Act to authorize any party to use patents
necessary for the manufacture and sale of latanoprost and
ritonavir.  The NIH, whose grant activities you have stated
were a source of funding for the technologies cited, has
been assigned the responsibility to review this matter and
respond accordingly.  The NIH will undertake a careful
review of this matter in accordance with applicable laws and
regulations.

Should you have any questions on this matter, please contact
me at the above address.

                               Sincerely,

                          Mark L. Rohrbaugh, Ph.D., J.D.
                          Director