Defendant

Merck Sharp & Dohme Corp.

9 cases as defendant.

Cases
9
Active
3
6 closed
Filed
2019–2025
Top venue
PTAB
4 cases
Also appears as a plaintiff in 22 cases → View as plaintiff

Company profile

Merck Sharp & Dohme Corp., commonly known as MSD outside the United States and Canada, operates as Merck & Co., Inc. within those two countries. Headquartered in Rahway, New Jersey, U.S., the company was initially established in the U.S. in 1891 as a subsidiary of a German firm, gaining independence in 1917 and merging with Sharp & Dohme in 1953. As a publicly traded entity on the NYSE under the symbol MRK, it is a major global biopharmaceutical company. As of December 31, 2025, Merck reported approximately 75,000 employees and anticipated revenues of $65.0 billion for 2025.

Merck is a global healthcare company focused on discovering, developing, manufacturing, and marketing a broad range of innovative health solutions. Its core offerings include prescription medicines, vaccines, biologic therapies, and animal health products. Key product areas encompass oncology (notably Keytruda for cancer treatment), a wide array of vaccines (including Gardasil for HPV, influenza, and MMR), treatments for infectious diseases, and medications for cardiometabolic disorders. The company heavily invests in research and development to advance its product pipeline.

In terms of patent litigation, Merck Sharp & Dohme Corp. acts as an operating company that primarily defends against infringement claims. The company has zero tracked cases as a plaintiff and two as a defendant, indicating it is typically a target of patent assertions rather than an assertor. Both tracked cases against the company are filed in the U.S. District Court in New Jersey, which is consistent with its headquarters location and not known as a plaintiff-friendly patent venue like the Eastern District of Texas.

The two tracked cases, both titled "Halozyme, Inc. v. Merck Sharp & Dohme Corp. et al.," were filed on April 24, 2025. Halozyme alleges that Merck's subcutaneous (SC) formulation of its blockbuster cancer drug, KEYTRUDA® (pembrolizumab), infringes 15 of Halozyme's patents related to modified human hyaluronidase PH20 enzymes, marketed as MDASE™. Halozyme claims Merck knowingly proceeded with developing and commercializing SC KEYTRUDA using "berahyaluronidase alfa" despite awareness of Halozyme's patent portfolio and is seeking damages and injunctive relief, including for alleged willful infringement. This litigation follows a preliminary injunction issued by a German court in December 2025, which temporarily prevented Merck from launching Keytruda SC in Germany.

Filing activity

2019: 1 case'192020: 3 cases'20'21'22'23'242025: 4 cases4'25
Cases filed per year naming Merck Sharp & Dohme Corp. as defendant.

Halozyme, Inc. v. Merck Sharp & Dohme Corp. et al.

Ongoing
Docket:
2:25-cv-03179 (ES) (JRA)
Filed:
2025-04-24
Patents:11041149

Halozyme, Inc. sued Merck Sharp & Dohme Corp. (now Merck Sharp and Dohme LLC), alleging that Merck's subcutaneous KEYTRUDA® formulation infringes 15 of Halozyme's patents, including US 11041149. Halozyme seeks damages and injunctive relief to block commercialization of SC Keytruda, also alleging willful infringement.

Halozyme, Inc. v. Merck Sharp & Dohme Corp. et al.

pending
Docket:
2:25-cv-03179 (ES) (JRA)
Filed:
2025-04-24
Patents:10865400

Halozyme, Inc. filed an infringement action against Merck Sharp & Dohme Corp., with Merck Sharp and Dohme LLC later substituted as the defendant. The case is pending, and Merck Sharp and Dohme LLC was granted time to respond to the complaint.

Halozyme, Inc. v. Merck Sharp & Dohme Corp. et al.

administratively stayed
Docket:
2:25-cv-03179
Filed:
2025-04-24
Patents:12110520

Halozyme sued Merck for patent infringement over Merck's subcutaneous Keytruda (SC KEYTRUDA, berahyaluronidase alfa), asserting 15 patents including the '520 patent and seeking damages and an injunction. The case is pending in the District of New Jersey and was later reported as administratively stayed pending PTAB and appellate proceedings.

Halozyme, Inc. v. Merck Sharp & Dohme Corp. et al.

pending
Docket:
2:25-cv-03179-ES
Filed:
2025-04-24
Patents:12049652

Patent infringement and declaratory judgment action filed by Halozyme against Merck in the District of New Jersey asserting 15 Halozyme MDASE platform patents, including US 12,049,652, over subcutaneous pembrolizumab (Keytruda Qlex/Keytruda SC). The case remains pending and the '652 patent remains at issue.

Mylan Pharmaceuticals Inc. v. Merck Sharp & Dohme Corp.

final written decision; claims not unpatentable
Docket:
IPR2020-00040
Filed:
2019-10-30
Terminated:
2021-05-07
Patents:7326708

Inter partes review petition filed Oct. 30, 2019 and instituted May 12, 2020. Final Written Decision on May 7, 2021 found no challenged claims (1–4, 17, 19, 21–23) unpatentable. Dr. Reddy's joined via IPR2020-01060 and Sun via IPR2020-01072.