Nabi Settles Suit Against Roxane Labs

The court dismissed the case with prejudice and without costs. Nabi said the terms of the settlement are confidential.

In 2005, Nabi filed a lawsuit against Roxane Labs for infringement of its patent for PhosLo GelCaps, after Roxane applied with the Food and Drug Administration to market a generic version of the product. PhosLO gelcaps are used to reduce high phosphate levels in the blood of patients with kidney failure.

In November 2006, Nabi sold PhosLo and its related intellectual property to Fresenius USA Manufacturing Inc. Fresenius assumed primary responsibility for the patent dispute, but Nabi remained subject to a counterclaim by Roxane that alleged violations of antitrust law.

The settlement between Roxane Laboratories, Fresenius Medical Care Holdings Inc. and Nabi was accepted by the U.S. District Court of the Southern District of Ohio. Nabi is not required to pay any sums to the other parties in the settlement.

Nabi shares were flat at $4.13 in early morning trading.