German court grants HALOZYME injunction against Merck's Keytruda SC
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Halozyme Therapeutics Inc (NASDAQ: HALO) announced that a German court has granted a preliminary injunction preventing Merck from distributing and offering Keytruda SC in Germany.
The Munich Regional Court's 7th Civil Division determined that Keytruda SC infringes on Halozyme's European Patent No. 2 797 622, which covers the company's MDASE technology. The court order requires Merck to halt launch activities for the subcutaneous version of Keytruda within the scope of the injunction.
The preliminary injunction decision can be appealed. Separate nullity proceedings against the patent, initiated by Merck in August 2025, remain pending before the German Federal Patent Court.
Patients seeking Keytruda treatment will continue to have access to the intravenous version, which is not covered by Halozyme's patent or the court's injunction order.
"We are very pleased the German court followed our arguments on the validity and infringement of one of our European MDASE patents and granted a preliminary injunction against Merck's imminent infringement of our patent," said Mark Snyder, chief legal officer of Halozyme.
The German proceedings are part of Halozyme's global enforcement of its MDASE patents against Merck's Keytruda SC. The company has also filed a patent infringement lawsuit against Merck in U.S. federal district court in New Jersey, alleging that the subcutaneous formulation of Keytruda, marketed as QLEX in the U.S., infringes 15 patents filed beginning in 2011.
Halozyme stated that the MDASE patents are separate from its ENHANZE licensing program and that the outcome of the infringement lawsuit will not impact ENHANZE or revenues from ENHANZE licensees.
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