Novo Nordisk has filed a lawsuit against Pfizer claiming that Pfizer's product Exubera infringes patents owned by Novo Nordisk. The patents cover inhaled insulin treatment for diabetes, a Novo Nordisk release said.

The lawsuit, filed in United States Federal Court in the Southern District of New York, alleges that Pfizer wilfully infringed the patents and seeks compensatory damages. Novo Nordisk also announced it intends to file a motion for preliminary injunction seeking a court order that would prohibit Pfizer from continuing its unlawful conduct while the lawsuit is in progress.

"Novo Nordisk has been leading the fight against diabetes for more than 80 years," said Jim Shehan, vice president and general counsel of Novo Nordisk Inc. "We are the only company in the industry with a complete portfolio of insulin analogues to help patients achieve improved control at any stage of their diabetes. We have been able to realize this accomplishment because the patent system enables pioneering companies like ours to continue innovating and pushing for progress in the fight against diseases like diabetes.

"The patents we are asserting are for groundbreaking research on new approaches to treat diabetes," he added. "As all research-based companies recognize, patent protection is necessary to safeguard the investment that biomedical research requires."