Dutch Court Halted Merck Keytruda Sales in Eight Nations
The ruling stems from a patent dispute involving subcutaneous drug delivery technology.
Updated on Oct. 7, 2026 in Biotech
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A Dutch court in The Hague has ordered Merck & Co. to cease sales and manufacturing of Keytruda SC across eight European countries. The decision follows a finding that the drug formulation infringes on a patent held by Halozyme Therapeutics.
Why it matters
The injunction creates a significant supply disruption for patients relying on the subcutaneous version of the immunotherapy drug. The court explicitly rejected Merck's arguments regarding the invalidity of the patent in question.
The legal dispute centers on European Patent No. 2 797 622, which covers the MDASE technology required for subcutaneous drug delivery. This technology is critical to the specific formulation of Keytruda SC.
The players
Merck & Co.
This global pharmaceutical corporation develops and markets a wide range of medical products, including the immunotherapy drug Keytruda.
Halozyme Therapeutics
This biotechnology company focuses on developing proprietary drug delivery platforms, including the enzyme technology used in subcutaneous injections.
The details
The Dutch patent court determined that Merck & Co. violated intellectual property rights by utilizing protected technology in their subcutaneous delivery system. Consequently, the company must now halt operations related to this specific product in Belgium, Denmark, France, Ireland, Italy, Sweden, Switzerland, and the Netherlands.
Timeline
The Dutch patent court issued the injunction on October 7, 2026.
The Tech Race
The dispute underscores the competitive importance of subcutaneous delivery platforms as pharmaceutical companies race to improve patient convenience and treatment efficacy. This development marks a shift in how legacy drug companies navigate the intellectual property barriers established by specialized biotech innovators.
Patients in the affected countries may experience immediate changes in the availability of their prescribed subcutaneous treatments. Healthcare providers in these regions will likely need to adjust care plans while Merck & Co. manages the legal injunction.
The takeaway
This case highlights the fragility of supply chains when they are tied to contested intellectual property in highly specialized medical fields. Patients and providers should monitor regional healthcare updates to identify potential gaps in drug accessibility.
Further reading
For broader trends in the industry, see the latest news on Biotech.
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