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NEW YORK (AP) - The public's need for a "new and less invasive treatment for diabetes" will keep Pfizer's inhalable insulin product Exubera on the market while a court considers whether Pfizer infringed on Danish drugmaker Novo Nordisk's patents, a judge said Thursday.
As he denied a request to immediately halt distribution of Exubera, U.S. District Judge Leonard Sand did not indicate how he expects to eventually rule after a trial and full airing of claims by Novo Nordisk that Pfizer violated five of its patents. No trial date was set.
He said in a written ruling that the evidence and arguments by both sides "raises substantial questions as to the alleged infringement by Pfizer" and that it would be best resolved "through closer inspection at trial."
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