Judge Sand denies Nordisk's request for PI against Pfizer's Exubera

Pfizer prevailed against Novo Nordisk in convincing a judge in the United States District Court for the Southern District of New York [SDNY] to deny a request by Novo Nordisk A/S to preliminarily enjoin Pfizer's launch of Exubera®. Standards for a preliminary injunction are distinct from those for a permanent injunction, at issue in the eBay case.

Pfizer included an argument that Exubera® operates by traditional breathing, something that cannot be patented. Pfizer asserts that this drug delivery system, the first of its kind ever approved by the FDA, provides an alternative method of administering insulin, an important feature to over twenty million people that have the disease.

Reuters noted Judge Leonard Sand said Novo's claims that its sales would be hurt are "speculative" and that halting Exubera's sales would be "contrary to the public interest."

In his 13-page ruling, Sand said determination of the validity and infringement of these patents "will be best served through closer inspection at trial."

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Separately, Wireless HealthCare reports bioMETRX, a developer and supplier of biometric solutions, says it has acquired the patent that encompasses biometric security and retrieval of electronic medical records. The original system designed around the patent was engineered in 1997 with contributions from Computer Associates, Kodak and Hewlett Packard.

The report quoted Lorraine Yarde: Our smartSTIK-MD product is a biometrically protected portable medical data storage device, which falls squarely in the patent that bioMETRX has just obtained.”