Novo Nordisk won’t be able to get a court injunction immediately to stop Pfizer’s planned September launch of its inhalable insulin Exubera.
US Judge Leonard Sand in New York has scheduled a hearing for Dec. 4 to consider Novo Nordisk’s motion filed last week asking for a preliminary injunction to block Pfizer from selling Exubera. Earlier this month, Novo Nordisk sued Pfizer claiming the new product Exubera violates Novo Nordisk patents on inhalable insulin.
“You can’t just snap your fingers and get a preliminary injunction,” David Tulchin, an attorney with Sullivan & Cromwell, the firm representing Novo Nordisk, told Web site Marketwatch.com. Tulchin said the hearing for the preliminary injunction was scheduled for December to give Pfizer time to respond to Novo Nordisk’s motion.
A Pfizer spokesman told Marketwatch his company has not changed its plans to make initial supplies of Exubera available next month.
Tulchin said that Pfizer runs the risk of having to halt sales of Exubera if Novo Nordisk is successful in getting an injunction.
Pfizer and some market analysts predict Exubera to eventually exceed $1 billion in annual sales.