Appeals Court rules against EMD Serono over Rebif deal with Pfizer

Germany’s Merck KGaA (MRK: DE) says that a Pennsylvania appeals court has ruled against Merck in deciding the termination date for the co-promotion agreement with global pharma behemoth Pfizer (NYSE: PFE) on multiple sclerosis drug Rebif (interferon beta-1a) in the USA, saying that the agreement entered into in July 2002 extends until December 31, 2015.

Merck’s US subsidiary EMD Serono, which developed Rebif, had contended that the collaboration should end on December 31, 2013, based on the provisions of the agreement governing extension of the term, and had filed a complaint seeking a court declaration to that end. A lower court ruled that the agreement extends through 2015 and the appellate court affirmed that decision. EMD Serono has asked the appellate court to reconsider its ruling. Unless the court grants the request on or before June 7, it will be deemed denied.

USA is largest market for Rebif