April 30, 2008 -- Nabi Biopharmaceuticals (Nasdaq:NABI) announced today that the European Patent Office (EPO) upheld the Company's European Patent No. EP 1,135,166 (Hapten Carrier Conjugates for Treating and Preventing Nicotine Addiction) that covers its NicVAX(r) vaccine. The EPO issued this patent to Nabi in late 2004 with an expiration date of January 12, 2019.
In July 2005, Cytos Biotechnology AG filed a Notice of Opposition against Nabi's European patent and the Company filed its response in December 2005. The EPO notified Nabi in September 2007 that the opposition filing was admissible and held a hearing on April 23, 2008. The EPO cancelled some claims in the patent that do not affect the primary claim protecting Nabi Biopharmaceuticals' exclusive use of NicVAX for its intended purpose of treating and preventing nicotine addiction. Nabi plans to appeal these ancillary claim cancellations.
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