Dutch Court Blocks Merck Keytruda Form in Europe
The ruling halts the sale and distribution of the subcutaneous cancer drug across eight European nations.
Updated on Oct. 30, 2026 in Biotech
Live Poll
Should courts have the authority to block drug sales across multiple countries based on patent disputes?
The District Court of The Hague has issued a cross-border injunction against Merck Sharp & Dohme, prohibiting the distribution and sale of Keytruda SC. The court ruled that the subcutaneous injection product infringes on a European patent held by Halozyme.
Why it matters
The ruling significantly impacts Merck's roll-out strategy for the new cancer treatment format across major European markets. By validating Halozyme's patent, the court has effectively halted commercialization efforts in regions where the product was recently introduced.
Keytruda SC is a subcutaneous injection form of the cancer drug Keytruda. The injunction covers operations in Belgium, Denmark, France, Ireland, Italy, the Netherlands, Sweden, and Switzerland.
The players
Merck Sharp & Dohme
This global pharmaceutical corporation maintains a primary manufacturing and distribution hub in the Netherlands.
Halozyme
This biotechnology firm holds the European patent that the Dutch court determined was infringed by the drug manufacturer.
District Court of The Hague
This Dutch judicial body holds authority over cross-border patent disputes involving companies with significant operations in the Netherlands.
The details
The court rejected a declaration of non-infringement from Merck and applied legal standards from the BSH v Electrolux ruling to enforce the injunction against the company's European manufacturing and distribution network. Although the product had already launched in Denmark and Sweden, those sales must now stop.
Timeline
The District Court of The Hague issued the ruling on October 30, 2026.
Merck Sharp & Dohme had intended to launch the drug in the Netherlands during 2026.
The Tech Race
The ruling follows the framework of the BSH v Electrolux ruling to exert cross-border authority in patent disputes. This decision marks a significant hurdle for drug developers seeking to streamline the rollout of new delivery formats across the EU.
The injunction creates immediate barriers to accessing this specific form of cancer treatment for patients in the eight affected European countries. Healthcare providers will likely need to revert to alternative administration methods while the legal dispute proceeds.
The takeaway
This ruling highlights the high stakes for pharmaceutical firms navigating complex, cross-border patent protections for new drug delivery formats. Future market access for advanced therapies will remain contingent on securing ironclad intellectual property rights in every jurisdiction.
Further reading
For more on the latest sector developments, visit the Biotech section.
Source note: This article includes information reported by Pinsent Masons.
Live Poll
Should courts have the authority to block drug sales across multiple countries based on patent disputes?
