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Merck's Keytruda SC launch in Germany faces legal hurdle

For the better part of a year, Merck & Co. and Halozyme have been locked in an intellectual property disagreement over the the pharma giant's new, under-the-skin version of cancer megablockbuster Keytruda. Now, in an early win for subcutaneous drug developer H

Written by Peptide Therapy Guide Editorial Team
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This guide cannot diagnose a condition or recommend a personal treatment plan. Discuss medical questions with a qualified professional.

For the better part of a year, Merck & Co. and Halozyme have been locked in an intellectual property disagreement over the the pharma giant's new, under-the-skin version of cancer megablockbuster Keytruda.

Now, in an early win for subcutaneous drug developer Halozyme, a German court has told Merck to stop launch activities for Keytruda SC in the country, where the New Jersey pharma is known as Merck Sharp & Dohme.

A German court granted Halozyme's request for a preliminary injunction, finding that there is "imminent infringement" of one of Halozyme's patents in Europe, Halozyme said in a Dec. 4 press release.

The patent at issue is the European Patent No. 2 797 622, Halozyme said, which falls in its Mdase family of intellectual property. The Halozyme tech "was developed through years of rigorous research to enable rapid, high-volume subcutaneous drug delivery," the company's chief legal officer Mark Snyder said in a statement.

Merck sees things differently. In a statement, a spokesperson said the company "strongly" disagrees with the result.

"We consider Halozyme’s patent to be invalid globally and their allegation of infringement to be without merit," the Merck spokesperson added. "We are confident in our legal position and believe that, ultimately, we will prevail in the courts."

Merck's Keytruda SC won approval from the European Commission less than a month ago, with the pharma giant saying at the time that launch timing would depend on reimbursement procedures in individual countries. After EU approval of new pharmaceutical products, drug companies engage in country-by-country procedures and negotiations to move toward launches.

In Halozyme's press release, the subcutaneous specialist said Merck's "launch activities for Keytruda SC in Germany that are within the scope of the order must be halted." The order is appealable, but Halozyme said it's confident the decision would stand up to such an attempt.

Merck's well-established intravenous version of Keytruda remains available in the country, Halozyme said.

Merck has initiated proceedings in an attempt to nullify the patent at issue in the German Federal Patent Court, and the case remains pending.

The issue stretches far beyond Germany, as Halozyme has pledged "global enforcement" of its Mdase patents. The effort includes a U.S. case filed in federal court in New Jersey.

When Halozyme filed that lawsuit in April, a Merck spokesperson said the company believed the case was "meritless."

The subcutaneous version of Keytruda picked up FDA approval in September and is marketed as Keytruda Qlex in the U.S. Despite the pending litigation, Merck didn't hesitate and moved to quickly launch the drug in the country.

Back in March, Halozyme CEO Helen Torley said at an investor conference that she hoped the companies could strike a licensing pact with a "reasonable" royalty rate. Failing that, Snyder said the company remained ready to take Merck to court.

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Related questions

01What is Keytruda used for?

Keytruda (pembrolizumab) is commonly used to treat certain types of the following types of cancers.

Source: www.webmd.com ↗
02How Was Keytruda Studied for NSCLC?

The FDA approved Keytruda for NSCLC based on several clinical trials. Keytruda was studied in people whose NSCLC had spread to other parts of the body (metastatic) and who had received no prior treatment for their cancer. People in this trial got either Keytruda plus chemotherapy or placebo plus chemotherapy. There were 616 people in this trial. Two-thirds of them were in the Keytruda group, the other third was in the placebo group. This study looked at overall survival (OS), which measured how long people survived after getting their treatment, and progression-free survival (PFS), which looked at how long people lived without their cancer growing. The median age was 64 with ages ranging from 34 to 84. There were more men in the Keytruda group (62%), and most of the people in each group were current or former smokers (88%). Most of the people in the study were White (94%) and 3% were Asian. At one year, the estimated OS was 69.2% for people in the Keytruda group versus 49.4% for the placebo group. This means people in the Keytruda group lived significantly longer. The median PFS in the Keytruda group was 8.8 months as compared to 4.9 months in the placebo group. This means that at least half of the people who received Keytruda had not had their cancer get worse after 8.8 months, compared to 4.9 months who received placebo. Keytruda was also studied in people who had NSCLC that was positive for PDL-1 and progressed after chemotherapy. People in this trial got either Keytruda 2 mg/kg, Keytruda 10 mg/kg, or chemotherapy. There were 1,475 people in this study, and they were evenly distributed between all three groups. The ages for each group ranged from 56 to 69 with 63 as the median age. There were more men in each group than women (about 62%). Most of the people in the study were white (72%) and 21% of people were Asian. This study looked at OS and PFS between all three groups. Median OS was 10.4 months for the Keytruda 2 mg/kg group, 12.7 months for the Keytruda 10 mg/kg group, and 8.5 months for the chemotherapy group. There was no difference in how long it took people's cancer to progress between the three groups. Another study looked at Keytruda in people who had planned surgery for their NSCLC. People in this study received either Keytruda and chemotherapy or placebo and chemotherapy before their surgery, and either Keytruda or placebo alone after their surgery. There were 797 people in this study, and they were split almost evenly between the two study groups. This study included people who had NSCLC and had not received any treatment for their cancer prior to the study. The median age of people in this trial was 64 with ages ranging from 26 to 83. Most of the people in this trial were men (about 70%). Most people were white (61%), 31% were Asian, 2% were Black, 9% were Hispanic or Latino, and for 4% the race was not reported. About 70% of people had stage III NSCLC with the rest being stage II. This study looked at event-free survival, which measures how long people lived without having an event including progression, recurrence (cancer coming back), or death. OS was also measured in this study. The estimated percentages of people alive without an event at 24 months was 62.4% in the Keytruda group and 40.6% in the placebo group. This means that at two years, 62.4% of people who received Keytruda had not had a cancer event, compared to 40.6% in the placebo group. There was no significant difference in OS rates at 24 months found between the Keytruda and placebo groups.

Source: www.webmd.com ↗
03How long does Keytruda stay in your system after stopping treatment?

Keytruda stays in your system for up to 4 months after your last dose. Keytruda has a half-life of 22 days. This means it takes 22 days for your body to clear half a dose of Keytruda. Due to the long-acting effects of Keytruda, there are certain precautions to keep in mind after treatment ends. For example, if you can become pregnant, it’s recommended to use birth control for 4 months after your last dose. It’s also recommended to avoid breastfeeding for 4 months after your last dose. (For more information about this, see the “Things to consider when receiving Keytruda” section.) If you have questions about what to expect after stopping Keytruda, talk with your doctor or pharmacist. Keytruda is not known to interact with other medications, herbs, supplements, foods, or alcohol. The manufacturer did not list any interactions in Keytruda’s prescribing information. However, this doesn’t mean that interactions won’t be recognized in the future. For example, new drugs could be approved that interact with Keytruda. Before starting Keytruda treatment, talk with your doctor and pharmacist. Tell them about all prescription, over-the-counter, and other drugs you take. Also, tell them about any vitamins, herbs, and supplements you take. Sharing this information can help you avoid potential interactions with Keytruda. If you have questions about drug interactions that may affect you, talk with your doctor or pharmacist. If you can become pregnant, consider the following information about pregnancy, fertility, birth control, and breastfeeding.

Source: www.medicalnewstoday.com ↗
04What's Keytruda's mechanism of action? And what are signs that it’s working?

Keytruda’s mechanism of action (how it works) is to promote the activity of your immune system in order to stop cancer cells from growing. The drug blocks a protein called programmed death receptor-1 (PD-1) from interacting with another protein called programmed death ligand-1 (PD-L1). This helps to activate your immune system so that it can detect cancer cells and stop them from growing and spreading. Your doctor will monitor your treatment progress with imaging tests. If these tests show that the cancer cells have stopped growing or that the tumor size has shrunk, this is a sign that Keytruda treatment is working. Your doctor will also order blood tests to see how active your immune system is. Side effects like inflammation can sometimes show that Keytruda is working. However, not having certain side effects doesn't necessarily mean the drug isn't working.

Source: www.healthline.com ↗
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Peptide Therapy Guide Editorial Team

Editorial team for Peptide Therapy Guide.

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