Supreme Court of Canada denies Merck leave to appeal from decision upholding strict interpretation of patent listing deadline

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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).

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