The Dutch Hague District Court recently rejected Halozyme Therapeutics' request to halt Keytruda Cuvex sales in Denmark and Sweden, according to foreign media reports on the 23rd. Keytruda Cuvex is a subcutaneous injection formulation developed by MSD using Alteogen's ALT-B4 technology. The rejection allows MSD to continue commercialization while the court examines the validity of Halozyme's European Patent No. 2797622. This decision follows favorable rulings for MSD in patent disputes with Halozyme across multiple jurisdictions, reducing uncertainty for Alteogen.
Dutch Court Rejects Halozyme Injunction Against Keytruda Cuvex Sales
The Dutch Hague District Court rejected Halozyme's injunction request seeking to prohibit Keytruda Cuvex sales in Denmark and Sweden. MSD and Halozyme are currently disputing the validity of Halozyme's European Patent No. 2797622 before the Hague District Court. With the injunction request denied during ongoing patent litigation, MSD is expected to continue existing commercialization procedures for the product.
US and UK Courts Issued Prior Rulings Favorable to MSD
The US Patent Trial and Appeal Board (PTAB) invalidated Halozyme's US Patent No. 11952600 related to its MDASE subcutaneous injection formulation technology in May. The UK Patent Court canceled the UK designation of Halozyme's European Patent No. 2797622 last month and ordered Halozyme to pay compensatory litigation costs to MSD. However, the Munich District Court in Germany granted Halozyme's request to prohibit Keytruda Cuvex sales in December last year in litigation involving the same patent.
MSD and Halozyme Engage in Patent Litigation Across Multiple Jurisdictions
MSD and Halozyme are currently conducting patent litigation related to Keytruda Cuvex in the UK, Netherlands, France, Switzerland, Sweden, Denmark, and Germany. In addition to multiple post-grant review (PGR) proceedings pending before PTAB, patent infringement litigation involving 15 of Halozyme's MDASE patents is pending in the US District Court for the District of New Jersey. Samsung Securities researcher Seo Geun-hee stated that the logic of PTAB's May ruling is highly likely to apply equally to other related patents, and that the results of remaining proceedings and federal court rulings will be key variables determining the competitive landscape of the SC platform.
FAQ
What did the Dutch court decide regarding Halozyme's request?
The Dutch Hague District Court rejected Halozyme Therapeutics' injunction request to halt Keytruda Cuvex sales in Denmark and Sweden. The court is examining the validity of Halozyme's European Patent No. 2797622 in ongoing litigation between MSD and Halozyme.
What prior rulings did US and UK courts issue in this patent dispute?
The US Patent Trial and Appeal Board invalidated Halozyme's US Patent No. 11952600 in May. The UK Patent Court canceled the UK designation of Halozyme's European Patent No. 2797622 last month and ordered Halozyme to pay compensatory litigation costs.
Where are MSD and Halozyme currently conducting patent litigation?
MSD and Halozyme are conducting patent litigation related to Keytruda Cuvex in the UK, Netherlands, France, Switzerland, Sweden, Denmark, and Germany. Patent infringement litigation involving 15 of Halozyme's MDASE patents is also pending in the US District Court for the District of New Jersey.
