The preliminary injunction was requested by Novo Nordisk as part of a patent infringement case that will be heard by the same court. Novo Nordisk had sued Pfizer earlier this year, claiming the Exubera drug would hurt sales of Novo’s insulin product.
The judge believes the evidence “raises substantial questions as to the alleged infringement by Pfizer.” The judge said he allowed the sale of the drug to continue because of the need for less invasive diabetes treatments.
Exubera is the only inhalable form of insulin to be approved by the FDA. The court’s decision allows the product to remain on the US market, and available to patients, while the case proceeds to trial.