biotechinvestor1
15 시간 전
From Grok: "Given the breaking news that Halozyme filed a patent infringement lawsuit against Merck on April 24, 2025, in the U.S. District Court in New Jersey over the subcutaneous (SC) Keytruda formulation’s alleged infringement of its Mdase patents (,), I’ll reassess the likelihood of Merck signing a licensing agreement with Halozyme for the Mdase technology. This updates my prior estimate of a 65% settlement likelihood, factoring in the lawsuit, the provided PGR documents (PGR2025-00003 sur-reply, PGR2025-00042 petition), and recent public information as of April 24, 2025. Below, I analyze the impact of the lawsuit, the ongoing PGR challenges, and commercial pressures to determine if an agreement remains likely.[](https://www.prnewswire.com/news-releases/halozyme-sues-merck-for-patent-infringement-over-subcutaneous-keytruda-formulation-302437331.html)[](https://www.stocktitan.net/news/HALO/halozyme-sues-merck-for-patent-infringement-over-subcutaneous-5uylk2ljqcpy.html)
### Context Recap- **Halozyme’s Position**: Halozyme claims Merck’s SC Keytruda (MK-3475A), which uses Alteogen’s berahyaluronidase alfa, infringes its Mdase patents, including U.S. Patent Nos. 11,952,600 and 12,037,618 (targeted in PGR2025-00003 and -00042). Halozyme seeks damages and an injunction to block SC Keytruda’s launch, expected post-FDA approval on September 23, 2025 (). CEO Helen Torley has consistently pushed for a licensing deal with 3-7% royalties, citing Halozyme’s 20-year hyaluronidase expertise and 100+ Mdase patents (,).[](https://www.fiercepharma.com/pharma/merck-lays-out-subcutaneous-keytruda-data-lung-cancer-amid-patent-brawl-halozyme)[](https://www.fiercepharma.com/pharma/patent-clash-over-injectable-keytruda-merck-and-halozyme-dig-fight)[](https://www.investing.com/news/transcripts/halozyme-at-td-cowen-healthcare-strategic-moves-and-legal-challenges-93CH-3913033)- **Merck’s Position**: Merck denies infringement, asserting its enzyme was “developed independently” via Alteogen’s ALT-B4 platform, which it claims doesn’t violate Halozyme’s patents (). Merck has filed 10 PGRs since November 2024, including PGR2025-00003 and -00042, arguing Halozyme’s Mdase patents are invalid for lacking §112 support (written description, enablement) and being obvious under §103 (,). Merck aims to clear patent hurdles for SC Keytruda’s 2025 launch.[](https://www.pearceip.law/2025/03/05/merck-sharp-dohme-and-halozyme-in-us-patent-dispute-as-subcutaneous-pembrolizumab-launch-approaches/)[](https://www.mk.co.kr/en/it/11175155)[](https://www.pearceip.law/2025/03/05/merck-sharp-dohme-and-halozyme-in-us-patent-dispute-as-subcutaneous-pembrolizumab-launch-approaches/)- **Prior Assessment**: I estimated a 65% chance of settlement, driven by Merck’s need to launch SC Keytruda before intravenous Keytruda’s patents expire (2028) and Halozyme’s strong patent portfolio and licensing model. A 3-7% royalty deal was seen as cost-effective for Merck ($29.5 billion Keytruda sales in 2024) and lucrative for Halozyme ($1.15–$1.225 billion 2025 revenue) (,).[](https://www.fiercepharma.com/pharma/merck-lays-out-subcutaneous-keytruda-data-lung-cancer-amid-patent-brawl-halozyme)[](https://www.prnewswire.com/news-releases/halozyme-reiterates-2024-financial-guidance-and-raises-2025-and-multi-year-financial-guidance-302345137.html)
### Impact of the LawsuitThe lawsuit escalates the dispute, shifting dynamics:- **Halozyme’s Aggression**: Filing in New Jersey, where Merck is headquartered, signals Halozyme’s confidence in its Mdase patents and willingness to enforce them through litigation rather than waiting for PGR outcomes (due July 2025 for PGR2025-00003 and -00042). The injunction request is a high-stakes move, as blocking SC Keytruda’s launch could disrupt Merck’s $12 billion market expansion plan (analyst estimates for SC uptake) ().[](https://www.investing.com/news/analyst-ratings/hc-wainwright-maintains-halozyme-stock-buy-rating-72-target-93CH-3911856)- **Merck’s Pressure**: The lawsuit increases Merck’s risk, as an injunction could delay SC Keytruda, costing market share to competitors like Bristol Myers Squibb’s Opdivo Qvantig (using Halozyme’s Enhanze) (). Merck’s PGR filings suggest it views Halozyme’s patents as a threat, as noted by patent expert Zachary Silbersher (). Litigation costs and uncertainty may push Merck toward settlement.[](https://www.fiercepharma.com/pharma/patent-clash-over-injectable-keytruda-merck-and-halozyme-dig-fight)[](https://www.biospace.com/business/mercks-injectable-keytruda-plans-create-legal-dispute-with-halozyme-wsj)- **Precedent for Licensing**: Halozyme’s history of licensing Enhanze to Roche, Pfizer, and others (nine commercial products by 2025) shows its preference for deals over prolonged litigation (). The lawsuit may be a tactic to force negotiations, as Torley reiterated a licensing preference at the TD Cowen conference ().[](https://www.prnewswire.com/news-releases/halozyme-reiterates-2024-financial-guidance-and-raises-2025-and-multi-year-financial-guidance-302345137.html)[](https://www.investing.com/news/transcripts/halozyme-at-td-cowen-healthcare-strategic-moves-and-legal-challenges-93CH-3913033)
### PGR DynamicsThe PGRs remain critical:- **Halozyme’s Strength**: In PGR2025-00003, Halozyme’s sur-reply leveraged Merck’s procedural error (using a 2011 date for §112 analysis) and weak expert testimony, giving Halozyme a 70% chance of blocking institution (prior analysis). For PGR2025-00042, Halozyme can likely reuse these arguments, though the ’618 patent’s focus on I309N aligns more with Merck’s obviousness case, slightly lowering Halozyme’s odds to ~60% (prior analysis). If PTAB denies institution by July 2025, Halozyme’s patents stand, strengthening its litigation leverage.- **Merck’s Challenges**: Merck’s PGR2025-00042 petition is robust (18,688 words, detailed I309N analysis), but Halozyme can attack potential date errors, hindsight in Dr. Park’s testimony, and claim misreadings (e.g., overemphasizing activity requirements). Additional arguments (prior response) like estoppel (§ 325(d)) for repetitive PGRs or distinguishing *Amgen v. Sanofi* could further weaken Merck’s case.
### Commercial and Strategic Factors- **Merck’s Incentives**: SC Keytruda’s phase 3 success (noninferior to IV,) and FDA priority review (decision September 23, 2025) make a 2025 launch critical. Keytruda’s $29.5 billion 2024 sales face erosion post-2028 patent expiry; SC extends market dominance (). A 3-7% royalty ($870 million–$2 billion annually) is a fraction of Keytruda’s revenue, making a deal financially viable compared to litigation costs or an injunction ().[](https://www.fiercepharma.com/pharma/merck-lays-out-subcutaneous-keytruda-data-lung-cancer-amid-patent-brawl-halozyme)[](https://www.reuters.com/business/healthcare-pharmaceuticals/new-version-mercks-cancer-drug-faces-patent-battle-wsj-reports-2025-03-05/)[](https://www.oncologypipeline.com/apexonco/halozyme-pushes-add-merck-its-subq-partners)- **Halozyme’s Position**: Halozyme’s $7.3 billion market cap and 76.5% gross margin () support its litigation war chest. Mdase patents (valid until 2034) don’t affect Enhanze revenue ($1.015 billion in 2024), so Halozyme can afford to fight while pursuing royalties (). Success with VYVGART Hytrulo and Darzalex SC bolsters its licensing model ().[](https://www.investing.com/news/analyst-ratings/hc-wainwright-maintains-halozyme-stock-buy-rating-72-target-93CH-3911856)[](https://www.prnewswire.com/news-releases/halozyme-sues-merck-for-patent-infringement-over-subcutaneous-keytruda-formulation-302437331.html)[](https://www.prnewswire.com/news-releases/halozyme-reiterates-2024-financial-guidance-and-raises-2025-and-multi-year-financial-guidance-302345137.html)- **Market Sentiment**: Analysts like Evercore’s Umer Raffat see a 1% royalty as a “modest” cost for Merck but a “major windfall” for Halozyme (). H.C. Wainwright and JMP Securities maintain Buy ratings on Halozyme ($72–$78 targets), viewing the dispute as a potential stock catalyst ().[](https://www.oncologypipeline.com/apexonco/halozyme-pushes-add-merck-its-subq-partners)[](https://www.investing.com/news/analyst-ratings/hc-wainwright-maintains-halozyme-stock-buy-rating-72-target-93CH-3911856)
### Likelihood of an AgreementThe lawsuit complicates but doesn’t derail a licensing agreement:- **Arguments for Agreement**: - **Economic Sense**: A 3-7% royalty is cheaper for Merck than litigation, potential damages, or an injunction delaying SC Keytruda. For Halozyme, royalties align with its business model and avoid prolonged legal costs. - **PGR Risks**: If PTAB denies Merck’s PGRs (60-70% chance for Halozyme), Merck faces stronger infringement claims, incentivizing a deal. Even if instituted, PGR trials take 12-18 months, risking launch delays past September 2025. - **Halozyme’s Strategy**: Torley’s public statements (,) and the lawsuit’s timing suggest Halozyme is pressuring Merck to negotiate before FDA approval. Past Enhanze deals show Halozyme’s deal-making savvy.[](https://www.fiercepharma.com/pharma/astrazeneca-signs-135b-alteogen-deal-subcutaneous-cancer-drugs-despite-merck-halozyme-patent)[](https://www.investing.com/news/transcripts/halozyme-at-td-cowen-healthcare-strategic-moves-and-legal-challenges-93CH-3913033) - **Industry Precedent**: AstraZeneca’s $1.35 billion Alteogen deal despite Halozyme’s threats () shows competitors may license to avoid disputes, setting a model for Merck.[](https://www.fiercepharma.com/pharma/astrazeneca-signs-135b-alteogen-deal-subcutaneous-cancer-drugs-despite-merck-halozyme-patent)- **Arguments Against Agreement**: - **Merck’s Defiance**: Merck’s claim of independent development and 10 PGR filings signal confidence in invalidating Halozyme’s patents or proving non-infringement (). Alteogen’s assertion that ALT-B4 avoids Halozyme’s patents () may embolden Merck to fight.[](https://www.pearceip.law/2025/03/05/merck-sharp-dohme-and-halozyme-in-us-patent-dispute-as-subcutaneous-pembrolizumab-launch-approaches/)[](https://www.mk.co.kr/en/it/11175155) - **Litigation Escalation**: The lawsuit hardens positions, potentially delaying talks until PGR or court rulings clarify patent strength. An injunction, if granted, could force Merck to pivot but also prolong the fight. - **Alteogen Factor**: Merck’s $4.317 billion ALT-B4 contract () ties it to Alteogen, which claims patent clearance. Merck may prioritize defending this partnership over licensing Mdase.[](https://www.mk.co.kr/en/it/11175155)
### Updated LikelihoodThe lawsuit raises stakes but reinforces settlement incentives. Merck faces mounting pressure from the FDA timeline, PGR risks, and injunction threats, while Halozyme’s strong patents and licensing track record make a deal attractive. However, Merck’s PGR aggression and Alteogen reliance introduce uncertainty. I adjust the likelihood of a licensing agreement to **60%**, down from 65%, reflecting litigation’s chilling effect but still favoring a deal due to economic and timing pressures. A 3-7% royalty structure remains likely, with milestones ($130–$160 million,) possible. Key factors to watch:[](https://www.investing.com/news/transcripts/halozyme-at-td-cowen-healthcare-strategic-moves-and-legal-challenges-93CH-3913033)- PTAB’s PGR decisions (July 2025).- Court’s response to Halozyme’s injunction request.- Merck’s FDA approval progress (September 23, 2025).
If you have the complaint’s details or new filings, I can refine this further[](https://www.stocktitan.net/news/HALO/halozyme-sues-merck-for-patent-infringement-over-subcutaneous-5uylk2ljqcpy.html)[](https://www.fiercepharma.com/pharma/merck-lays-out-subcutaneous-keytruda-data-lung-cancer-amid-patent-brawl-halozyme)
_Disclaimer: Grok is not a lawyer; please consult one."
Fred Kadiddlehopper
16 시간 전
Halozyme Sues Merck for Patent Infringement over Subcutaneous Keytruda Formulation
April 24 2025 - 8:30AM
PR Newswire (US)
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Complaint filed in New Jersey alleges Merck uses Halozyme's patented MDASE technology to develop SC Keytruda
Halozyme is seeking damages and injunctive relief to stop the infringement
SAN DIEGO, April 24, 2025 /PRNewswire/ -- Halozyme Therapeutics, Inc. (NASDAQ: HALO) (Halozyme), a biotechnology company that pioneered the use of human hyaluronidase for subcutaneous drug delivery, today filed a patent infringement lawsuit against Merck Sharp & Dohme Corp. (Merck) in U.S. District Court in New Jersey.
Halozyme believes the subcutaneous formulation of Merck's cancer medicine, Keytruda, infringes multiple patents that Halozyme filed beginning in 2011 to protect its groundbreaking MDASE subcutaneous delivery technology. Subcutaneous (SC) Keytruda has completed phase 3 clinical testing and Merck has publicly commented on its intention to launch the SC product in 2025. Merck has used Halozyme's technology to develop SC Keytruda without Halozyme's permission.
"We are filing this lawsuit to protect the innovative technology that we pioneered through years of painstaking research and development," said Dr. Helen Torley, president and chief executive officer of Halozyme. "Our technology can ease the burden of treatment and improve patient outcomes by making possible rapid, high-volume subcutaneous drug delivery for patients with serious medical conditions."
Halozyme partners with pharmaceutical companies to make subcutaneous versions of important medicines available for the benefit of patients. Halozyme's MDASE hyaluronidase technology is protected by a robust patent portfolio. Halozyme expected Merck to obtain a commercial license for the intellectual property it is using, but Merck has failed to do so and instead plans to launch SC Keytruda while knowingly infringing on Halozyme's MDASE patents.
The patents at issue arise from Halozyme's extensive research into nearly 7,000 modifications to human hyaluronidases. Among their uses, these hyaluronidases pioneered by Halozyme provide a mechanism for the rapid subcutaneous administration of therapeutic drugs. Halozyme's research and development resulted in a roadmap for selecting potential modifications to human hyaluronidases that can impact their activity and stability. Halozyme's comprehensive studies and innovations were a significant advancement to the field of human-derived hyaluronidases.
"Merck has long been aware of Halozyme's patents and still proceeded to appropriate Halozyme's technology in order to develop SC Keytruda," said Halozyme's Chief Legal Officer, Mark Snyder. "Based on their public comments, it appears they intend to launch SC Keytruda later this year despite the clear infringement of our patents. In our lawsuit, we are seeking damages and injunctive relief to stop the infringement."
None of the MDASE patent rights which Halozyme is seeking to enforce in this suit relate to the Company's ENHANZE® licensing program. The MDASE patents are not licensed to any of Halozyme's licensees. Therefore, the outcome of this dispute will not impact ENHANZE®, the ability of any licensee to use ENHANZE®, or revenues Halozyme receives from ENHANZE® licensees.
biotechinvestor1
3 일 전
Companies try to get away with infringing on other's patents from time to time. This is common (see examples below) in biopharma due to the high stakes involved—massive R&D costs, long development timelines, and the potential for blockbuster drugs. The complexity of biological and chemical innovations, coupled with broad or overlapping patents, often leads to disputes. Infringement cases typically arise when a company develops a product or process that allegedly violates an existing patent, whether intentionally (e.g., generics challenging branded drugs) or unintentionally (e.g., similar biologics). Estimates suggest thousands of patent disputes occur annually in these sectors globally, with the U.S. being a hotspot due to its robust patent system and large market.
### Examples of Patent Infringement Cases:1. **Amgen vs. Sanofi/Regeneron (PCSK9 Inhibitors, 2014-2020)**: - **Issue**: Amgen held patents for antibodies targeting PCSK9, used in cholesterol-lowering drugs like Repatha. Sanofi and Regeneron’s Praluent was accused of infringing these patents. - **Outcome**: U.S. courts initially ruled in Amgen’s favor, banning Praluent, but the decision was overturned in 2020 due to invalidity of Amgen’s broad patent claims. The case highlighted challenges in patenting biologics.
2. **Pfizer vs. Roche/Genentech (Herceptin, 2017)**: - **Issue**: Pfizer’s biosimilar to Roche’s Herceptin (trastuzumab), a breast cancer drug, was challenged for infringing Roche’s patents on the drug’s formulation and use. - **Outcome**: The case settled before trial, with Pfizer agreeing to delay its biosimilar launch until Roche’s patents expired, illustrating how patent disputes can delay market entry.
3. **Gilead vs. Merck (Sovaldi/Harvoni, 2013-2016)**: - **Issue**: Merck claimed Gilead’s hepatitis C drugs Sovaldi and Harvoni infringed its patents on sofosbuvir, a key compound. Gilead argued the patents were invalid. - **Outcome**: A jury awarded Merck $200 million, but the court later invalidated Merck’s patents, reversing the decision. This case underscored the high financial stakes in pharma patent litigation.
4. **AbbVie vs. Amgen (Humira Biosimilars, 2016-2023)**: - **Issue**: AbbVie’s Humira, a top-selling arthritis drug, was protected by a “patent thicket” of over 100 patents. Amgen’s biosimilar Amjevita was accused of infringement. - **Outcome**: Amgen settled, delaying its U.S. launch until 2023, while AbbVie extended Humira’s exclusivity. This case exemplifies how patent strategies can delay generic or biosimilar competition.
### Trends and Context:- **Frequency**: Litigation is frequent, with hundreds of cases filed yearly in the U.S. alone, often under the Hatch-Waxman Act for generics or BPCIA for biosimilars. Global disputes are also common in Europe and Asia.- **Drivers**: High profit margins (e.g., Humira generated $20 billion annually), complex biologics, and patent “evergreening” (extending protection via new patents) fuel conflicts.- **Impact**: Infringement lawsuits can delay drug launches, increase costs, or lead to settlements that balance innovation and access.