Merck sought leave to appeal a decision of the Federal Court of Appeal(1) 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 (for further details, see "Federal Court of Appeal dismisses appeal and upholds strict interpretation of patent listing deadline for Keytruda formulation patent").

On 12 May 2022, the Supreme Court of Canada denied Merck leave to appeal.(2)

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(1) 2021 FCA 224.

(2) Merck Canada Inc v Minister of Health, Docket No. 40043.