Settlement Discussions Continue In Multi-Billion Dollar Merck v. Merck Lanham Act Case…

This one may well be nearing the finish line, over a decade on (or… a century, depending on how you count, from the end of World War I).

Of course there are lots of other companion cases like it, pending in courtrooms dotting the globe… but perhaps, just perhaps — here at near Christmas 2022 — this will be a truly global settlement. We can only hope — and specifically, this was filed overnight, on a Friday night in Newark:

…December 9, 2022

Dear Judge Hammer:

We, along with Sidley Austin, represent Plaintiffs Merck & Co., Inc. and Merck Sharp & Dohme Corp. in this matter. With the consent of Blank Rome LLP and Debevoise & Plimpton LLP, counsel for Defendant Merck KGaA, Darmstadt, Germany, we are writing with an update as requested by the Court’s Text Order of December 1, 2022 (D.E. 209).

The parties are continuing their discussions and therefore respectfully request a short extension to Monday, December 12, to provide a further update to Your Honor.

We appreciate the Court’s attention to this matter. . . .

/s/ [for] McCarter & English….

Getting excited for the return of my kiddos… out into the steel and glass canyons, and the half-light reflected there, from the emerging winter’s gloaming… to see “The Menu” — smiling. Ever, smiling.

नमस्ते

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