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Novo-Nordisk A/S v. Pfizer, Inc.
Exubera Patent Lawsuit
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
NOVO NORDISK, A/S,
Plaintiff
- v. -
PFIZER, INC.,
Defendant.
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Civil Action No. 06 CV 5819
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COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Novo Nordisk A/S (“Novo”), by its undersigned attorneys, hereby alleges as follows for its Complaint against defendant Pfizer, Inc. (“Pfizer”):
Introduction
1.
Pursuant to Title 35 of the United States Code, this is an action brought by Novo complaining of Pfizer’s infringement of five U.S. patents owned by Novo and relating to insulin delivery.
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Jurisdiction and Venue
2.
This action arises under the patent laws ofthe United States. Novo asserts claims for patent infringement under 35 U.S.C. §§ 271 and 281.
3.
This Court possesses subject matter jurisdiction over this action pursuant to 28 U.S.C. 99 §§ 1331 and 1338.
4.
Pfizer has its principal place of business in the State, City and County of New York and thus is subject to personal jurisdiction in this District.
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5.
Venue is proper in this District pursuant to 28 U.S.C § 1400(b) and 28 U.S.C. § 1391(c) because Pfizer resides in this District.
Parties
6.
Plaintiff Novo is a corporation organized and existing under the laws of the Kingdom of Denmark and has its principal place of business in Bagsvaerd, Denmark.
7.
Defendant Pfizer is a corporation organized and existing under the laws ofthe State of Delaware and has its principal place of business in New York, New York.
The Patents
8.
On September 30, 1997, United States Patent No. 5,672,581 (the “'581 patent”) was duly and legally issued to Aradigm Corporation (“Aradigm”), as assignee of Reid M. Rubsamen and Lester John Lloyd, for an invention entitled “Method of Administration ofInsulin.” A copy of the '581 patent is attached hereto as Exhibit A.
9.
On March 23, 1999, United States Patent No. 5,884,620 (the “'620 patent”) was duly and legally issued to Aradigm, as assignee of Igor Gonda Reid M. Rubsamen, and Stephen J. Farr, for an invention entitled “Inhaled Insulin Dosage Control Delivery Enhanced by Controlling Total Inhaled Volume.” A copy of the '620 patent is attached hereto as Exhibit B.
10.
On August 24, 1999, United States Patent No. 5,941,240 (the “'240 patent”) was duly and legally issued to Aradigm, as assignee of Igor Gonda, Reid M. Rubsamen, and Stephen J. Farr, for an invention entitled “Inhaled Insulin
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