Merck sought leave to appeal a decision of the Federal Court of Appeal (2021 FCA 224) affirming a Federal Court decision upholding Health Canada’s refusal to add a patent relating to a formulation of Merck’s KEYTRUDA, a biologic drug containing pembrolizumab, to the Patent Register.
On May 12, 2022, the Supreme Court of Canada denied leave to Merck (Merck Canada Inc v Minister of Health, Docket No. 40043).
Should you have any questions, please do not hesitate to contact a member of the Pharmaceutical Litigation Group.
The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.
Related Publications & Articles
-
2025 mid-year highlights in Canadian life sciences IP and regulatory law
In the first half of 2025, the Rx IP Update team reported on a number of developments in Canadian life sciences IP and regulatory law. Below are our top stories.Read More -
Federal Court of Appeal confirms generic not required to address patent submitted before ANDS filing but listed after
On August 8, 2025, the Federal Court of Appeal (FCA) determined that the Minister of Health’s decision to list Canadian Patent No. 2,970,315 on the Patent Register eight days after it was submitted to...Read More -
PM(NOC) Regulations: eighth-year anniversary of major amendments
September 21, 2025, marked the eighth anniversary of the significant amendments to the Patented Medicines (Notice of Compliance) Regulations.Read More