The Dutch court explicitly rejected Merck’s arguments regarding the invalidity of the MDASE patent EP622, siding with Halozyme’s assertions. The injunction covers Belgium, Denmark, France, Ireland, Italy, Sweden, Switzerland, and the Netherlands. Mark Snyder, Halozyme’s chief legal officer, stated the company is pleased the court recognized both the validity of the patent and the infringement.

While the ruling halts the launch of the under-the-skin injection version, patients retain access to the intravenous formulation of Keytruda, which remains unaffected by the court’s order. This legal setback follows a similar preliminary injunction granted to Halozyme in Germany late last year. The companies are also currently embroiled in patent litigation within the U.S. federal district court in New Jersey.