Novo-Nordisk A/S v. Pfizer, Inc.
Exubera Patent Lawsuit
Drug Litigation Home > Pages 7 - 9 of 9 in Lawsuit
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37.
Pfizer has been, is and will be inducing and/or contributing to infringement of the '880 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. § 27l(b) and (c).
38.
Upon information and belief, Pfizer is, has been and will be infringing the ' 880 patent by using its Exubera product to treat patients in the United
States, in violation of 35 U.S.C. § 271(a).
COUNT V
(Infringement of the '686 patent)
39.
Novo repeats and realleges paragraphs 1 through 38 of its Complaint as though fully set forth herein.
40.
Novo owns all rights, title and interest to the validly issued '686 patent.
41.
Pfizer has been, is and will be inducing and/or contributing to infringement of the '686 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).
42.
Upon information and belief, Pfizer has been, is and will be infringing the '686 patent by using its Exubera product to treat patients in the United States, in violation of 35 U.S.C. § 271(a).
COUNT VI
(Declaratory Judgment of Infringement)
43.
Novo repeats and realleges paragraphs 1 through 42 of its Complaint as though fully set forth in this paragraph.
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44.
An actual controversy has arisen and now exists between the parties with respect to the patents-in-suit and the respective rights and obligations of the parties in connection with those patents.
45.
In light of the actual controversy existing between the parties, Novo requests that the Court determine and declare the rights and obligations ofthe parties as follows:
- Pfizer has been, is and will be directly infringing and/or contributing to and/or inducing infringement of the patents-in-suit by making, using, selling, offering to sell and/or importing its product in the United States;
- Pfizer's manfucature, use, sale, offer to sell and/or importation of its Exubera product in the United States has been, is and will be directed toward directly infringing and/or contributing to and/or inducing infringement of the patents-in-suit; and
- Despite Pfizer's reasonable apprehension that Novo will enforce its patent rights against Pfizer, Pfizer will not change or modify its infringing activities to avoid infringing the patents-in-suit.
PRAYER FOR RELIEF
WHEREFORE, Novo demands judgment as follows:
- Adjudging, finding, and declaring that Pfizer has been, is and will be directly infringing and/or inducing and/or contributing to infringement of the patents-in-suit in violation of 35 U.S.C. § 271;
- Preliminarily and permanently enjoining Pfizer, its officers, agents, servants, employees, and those persons in active concert or participation with them, from directly infringing and/or contributing to and/or inducing infringement of the patents-in-suit;
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- Awarding Novo damages in an amount to be determined at trial, together with interests and costs as fixed by this Court; all of those damages to be enhanced for willfulness in an amount up to treble the amount of compensatory damages, as provided by 35 U.S.C. § 284;
- Adjudging, finding, and declaring this to be an exceptional case entitling Novo to reasonable attorneys' fees, costs, and disbursements pursuant to 35 U.S.C. § 285; and
- Granting Novo such other and further relief as this Court may deem just and proper.
Dated: New York, New York
August 1, 2006
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