Novo-Nordisk A/S v. Pfizer, Inc.
Exubera Patent Lawsuit

Drug Litigation Home > Pages 5 - 7 of 9 in Lawsuit

COUNT I
Infringement of the '581 Patent

                  23.        Novo repeats and realleges paragraphs 1 through 22 of its Complaint as though fully set forth in this paragraph.

                  24.        Novo owns all rights, title and interest to the validly issued '581 patent.

                  25.        Pfizer has been, is and will be inducing and/or contributing to infringement of the '581 patent by making, using, selling, offering to sell and/or importing its Exubera product in the United States, in violation of35 U.S.C. § 27l(b) and (c).

                  26.        Upon information and belief, Pfizer has been, is and will be infringing the '581 patent by using its Exubera product to treat patients in the United States, in violation of 35 U.S.C. § 271(a).

COUNT II
(Infringement of the '620 patent)

                  27.        Novo repeats and realleges paragraphs 1 through 26 of its Complaint as though fully set forth in this paragraph.

                  28.        Novo owns all rights, title and interest to the validly issued '620 patent.

                  29.        Pfizer has been, is and will be inducing and/or contributing to infringement ofthe '620 patent by making, using, selling, offering to sell and/or

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                  30.        Upon information and belief, Pfizer has been, is and will be infringing the '620 patent by using its Exubera product to treat patients in the United States, in violation of 35 U.S.C. § 271(a).

COUNT III
(Infringement of the '240 patent)

                  31.        Novo repeats and realleges paragraphs 1 through 30 of its Complaint as though fully set forth in this paragraph.

                  32.        Novo owns all rights, title and interest to the validly issued '240 patent.

                  33.        Pfizer has been, is and will be inducing and/or contributing to infringement of the' 240 patent by making, using, selling, offering to sell and/or importing its Exubera product in the United States, in violation of 35 U.S.C. § 271(b) and (c).

                  34.        Upon information and belief, Pfizer has been, is and will be infringing the '240 patent by using its Exubera product to treat patients in the United States, in violation of 35 U.S.C. § 271(a).

COUNT IV
(Infringement of the '880 patent)

                  35.        Novo repeats and realleges paragraphs 1 through 34 of its Complaint as though fully set forth in this paragraph.

                  36.        Novo owns all rights, title and interest to the validly issued '880 patent.

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