This decision removes one patent from Halozyme's asserted portfolio against Merck. Monitor the related PGR/IPR proceedings on the remaining patents (e.g., PGR2025-00003, -00004, -00006, etc.) and the parallel district court case for further developments on Merck's overall infringement exposure.
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Executive Summary
In a Final Written Decision in PGR2025-00024, the PTAB held all challenged claims (1, 2, 6–15, and 17–30) of Halozyme's U.S. Patent 12,060,590 (covering modified PH20 hyaluronidase polypeptides) unpatentable on written description, enablement, and obviousness grounds. As petitioner, Merck Sharp & Dohme LLC (a subsidiary of Merck & Co., Inc.) successfully invalidated the patent, which is part of a broader patent dispute involving multiple related patents and a pending district court action. This removes a potential infringement barrier for Merck's products that may use or rely on hyaluronidase technology.
PTAB Trial Details
Key Facts
- PTAB issued a Final Written Decision on October 15, 2026, in PGR2025-00024.
- All challenged claims (1, 2, 6–15, and 17–30) of U.S. Patent 12,060,590 were held unpatentable.
- The patent covers modified PH20 hyaluronidase polypeptides with increased stability and/or activity.
- Merck Sharp & Dohme LLC (Merck & Co., Inc.) was the petitioner; Halozyme, Inc. was the patent owner.
- The '590 patent is one of at least 18 related patents involved in a civil action (Halozyme, Inc. v. Merck Sharp & Dohme LLC, 2:25-cv-03179 D.N.J.) and multiple other PGR/IPR proceedings.
- The Board found the claims unpatentable for lack of written description, lack of enablement, and obviousness over the '429 patent and Chao prior art.
Financial Impact
Not quantified in the decision; the patent is part of a larger portfolio dispute involving at least 18 related patents and a pending district court case.
Risk Factors
- Halozyme may appeal the decision to the Federal Circuit or seek Director Review.
- The decision covers only one of many related patents in the broader dispute; Merck still faces litigation on the remaining patents.
- The Board denied obviousness on the merits but still found the claims unpatentable on written description and enablement grounds, which could be subject to different appellate standards.
Investment Themes
Documents Analyzed
This report is based on 1 PTAB decision.
| Document | Accession Number |
|---|---|
| PTAB-TRIAL Data (Synthetic) | ptab-PGR2025-00024-fwd-MRK |
Filters
| Type | Now | ||||
|---|---|---|---|---|---|
Oct 22, 2026 3d ago | 3/A | $147.24 | awaiting T+20 | — | $145.27 (−1.34%) |
Oct 21, 2026 5d ago | PTAB Trial | $147.24 | awaiting T+20 | — | $145.27 (−1.34%) |
Oct 15, 2026 11d ago | PTAB Trial | $145.95 | awaiting T+20 | — | $145.27 (−0.47%) |
Oct 15, 2026 11d ago | PTAB Trial | $145.95 | awaiting T+20 | — | $145.27 (−0.47%) |
Oct 13, 2026 12d ago | 8-K | $141.98 | awaiting T+20 | — | $145.27 (+2.32%) |
Sep 29, 2026 27d ago | Court Ruling | $145.31 | awaiting T+20 | — | $145.27 (−0.03%) |
Sep 28, 2026 28d ago | Court Ruling | $149.28 | awaiting T+20 | — | $145.27 (−2.69%) |
Sep 22, 2026 4w ago | Court Ruling | $148.08 $149.88 | ▲ +1.22% | ▲ +0.53% | $145.27 (−1.90%) |
Sep 11, 2026 6w ago | Court Ruling | $144.85 $145.45 | ▲ +0.41% | ▼ −1.85% | $145.27 (+0.29%) |
Sep 9, 2026 6w ago | Court Ruling | $144.71 $142.38 | ▼ −1.61% | ▼ −3.73% | $145.27 (+0.39%) |
US Market Status
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