Merck Secures Fifth Win in Patent Dispute Against Halozyme
Merck (MSD) has secured its fifth victory in post-grant review proceedings against Halozyme's MDASE-related patents. The U.S. Patent Trial and Appeal Board (PTAB) issued a final written decision on September 2, finding that all challenged claims of Halozyme's U.S. Patent No. 12,110,520 are unpatentable.
The PTAB determined that Halozyme's patent claims are excessively broad, specifically concluding that the company could not have possessed the full scope of the claimed subject matter. The Board also found a violation of the written description requirement and the enablement requirement under 35 U.S.C. § 112.
This decision marks the fifth invalidation against Halozyme's MDASE-related patents, with roughly ten remaining PGRs continuing through examination proceedings. With the possibility of an appeal by Halozyme to the U.S. Court of Appeals for the Federal Circuit (CAFC), the patent battle between the two sides is expected to continue.
The outcome of MSD's patent disputes could affect Alteogen's royalty revenue, as Alteogen is MSD's partner under a technology transfer agreement related to the Keytruda SC formulation.