US Senators Warren, Sanders Urge 'Close Scrutiny' On Merck's Keytruda-Related Patents

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  • U.S. Senator Elizabeth Warren sent a letter to Kathi Vidal, Director of the United States Patent and Trademark Office (PTO), requesting a check on Merck & Co Inc's MRK Keytruda.
  • The letter urged to "give close scrutiny to any of Merck's requests for new patents for Keytruda and reject those that do not clearly meet the agency's standards."
  • Keytruda is Merck's flagship cancer product, which reported $20.9 billion in revenue in 2022, +22% Y/Y.
  • Key patents on Keytruda will begin to expire in 2028, Reuters reported.
  • "It is not at all clear that Merck is doing anything other than extending its monopoly power over the drug," Warren wrote in the letter.
  • Senator Bernie Sanders, as well as Representatives Katie Porter and Pramila Jayapal, also signed the letter. 
  • Also Read: European Authority Recommends Against Approval For Merck-Ridgeback Biotherapeutics' COVID-19 Pill.
  • The letter mentioned, "one particular concern is Merck's attempt "to patent a new formulation of … Keytruda that can be injected under the skin...If approved, Merck's patent application for its subcutaneous formulation of Keytruda could shield the drug from competition for many years."
  • They wrote that Merck's use of dozens of patents to fend off Keytruda competitors "appear(s) to be an example of the anti-competitive business practices ... that we have long been.
  • Price Action: MRK shares are down 1.07% at $109.41 on the last check Friday.
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