This was published one week after Heplisav was approved:
Asked during the conference call about an ongoing intellectual property dispute regarding Heplisav-B, Michael Ostrach, chief business officer, said he does not "expect the patents controlled by GSK and Merck will prevent us from marketing Heplisav-B, and although we don't discuss details of ongoing discussions, I think it's fair to say that all three companies would agree that the best outcome for all of us will be license agreements containing reasonable royalty terms or the equivalent. You'll recall that the GSK-controlled patents expire in June or about a quarter after our launch."
Kenilworth, N.J.-based Merck & Co. Inc.'s patent "expires about two and a half years after launch, [but] Merck's out of the market, based on their announcement, for all of next year," he said. Merck has said worldwide demand caused a shortage of its Recombivax-HB.