A Perhaps Small Matter — But KGaA Will Be Required To Update The 2017 Financial Data In The Lanham Act Case, Already Produced — Even As Mediation Is Unfolding.

This — in broad strokes — will define the largest component of potential damages, in this clearly multi-billion dollar suit about word-mark and trademark infringement, under the Lanham Act. Current financial metrics (specific to franchises, and geographies) from the German Merck are the raw inputs, that allow a calculation of the extent of the damages, US Merck may well have suffered. It hardly makes sense to even discuss “mediation” — if one cannot get a current handle on the size of the agreed / mediated payments. So it goes. [We did mention this specifically, before.]

In any event, here’s that latest three pager of well-grounded argument by US Merck’s able counsel, and bit:

…KGaA’s motive to rewrite Rule 26(e) is transparent: it wants to avoid more damages. But shifting blame to Merck for not requesting this update sooner is no excuse. As explained (Br. 3), Merck’s 2017 document request already asked for this data. Merck need not repeat that ask — Rule 26(e) already obligated KGaA to update its response. The Court’s recent decision to keep disgorgement in the case (ECF No. 302 at 11-12) is all the more reason to address this now. And even if Merck had moved earlier, KGaA would still need to bring its financial data current for trial….

Thomas & Betts forecloses KGaA’s arguments. Updated financials did not “reopen” discovery (Br. 8), nor was all discovery revisited as a result. KGaA now distinguishes Thomas & Betts as limited to past infringement with ongoing harm. Opp. 7–8. But it was the continued use of trade secrets there that required updated financials, not just a one-time misappropriation. Thomas & Betts, 2010 WL 2400151, at *3–4. In any event, disgorgement does not parse between KGaA’s profits for past and continued infringement. Both inflict ongoing harm. Br. 6. KGaA cannot avoid the straightforward application of Rule 26(e) to its financial records.

The text of Rule 26(e), this Court’s precedent, and the common practice of updating financial information before trial all compel supplementation….

Now you know. Onward, grinning — heading toward tomorrow night’s world premiere.

नमस्ते

Now 15 Cases Nationwide — Of More Potent Mpox Strain — Newest One Seen This Week, In San Francisco…

We do continue to say (based on real science) that the overall risk to US residents, generally, is small — but among the communities that share intimacy, male to male — the risk of infection and transmission is… moderately high. SF is the latest on the US list, to see such Clade 1b cases.

Please — listen to sensible public health/life science. Here’s the local paper of record, “The Chron“, on all these developments:

. . .San Francisco public health officials on Wednesday confirmed the city’s first case of clade Ib mpox, a strain of the virus that officials say may cause more severe illness than the type behind the outbreak in 2022.

The case was identified in an unvaccinated San Francisco adult who was hospitalized and is now improving, according to the San Francisco Department of Public Health. The person reported close contact with someone who had traveled internationally, the agency said.

Health officials stressed that the risk to the general public remains low. But they urged people at higher risk of exposure to get fully vaccinated with the two-dose mpox vaccine….

“SFDPH is closely monitoring mpox. While clade Ib mpox cases remain rare in the United States, clade II mpox cases continue to occur in San Francisco and throughout California,” Dr. Susan Philip, the city’s health officer, said in a statement.

“This development reminds us just how important it is to be fully vaccinated against mpox if you are at risk. With summer travel and events quickly approaching, now is a great time to seek the mpox vaccine….”

As we’ve repeatedly said, the higher risk community here is largely a tightly overlapping Venn Diagram, with the male communities that have sex with other men. That would be true here in SF, as well.

So, go get… both doses — fully vaccinated, right away — there are free clinics all over the Bay Area. Stay safe.

[Onward, to a world premiere of new musical work, called Safronia commissioned by the Lyric Opera here, tomorrow night — should be a vibrant, and complex — series of themes, based on the US history of “The Great Migration”, to Chicago — by people of color, from the South over the last century and a quarter.] We will report/review, on Sunday… smile.

नमस्ते

Hinderaker’s Latest Mis-Read — Of America; And Americans.

Hinderaker… like many MAGA adherents, and like most of the GOP, simply cannot fathom that the majority of Americans will not complain about higher taxes on the ultra wealthy, and even the ultra wealthy won’t complain about it — if it means a kinder and gentler America in 2027.

He cannot understand that all of these excessively lawless executive orders, and cruel defiance of just federal court orders… has led to a moment where the majority of America now believes that MAGA is synonymous with… evil.

Personally, I am perfectly happy to pay more in income taxes in order to avoid the cruelty of Trump 1.0 and Trump 2.0. And it is surprising to me that John cannot (or will not) see that. But that is why he is where he is.

All of Hinderaker’s arguments — about what New Yorkers will and won’t tolerate in taxes, make the errant assumption that everyone is as greedy or more greedy than he is.

That’s a demonstrably false assumption.

Onward.

If I were Trying To Write A Tarantino [Pulp] Fiction/Farce — I Could Not TOP This Real Life Pete Hegseth Installment…

Again, in the larger scheme here — the scheme of the crimes against humanity these guys are committing, this is… ultimately, small stuff.

But it speaks volumes — that the sitting US Sec’y. of Defense (or US “Dept. of War“, as he claims!), labels this a “war for Jesus, a Godly war” — and then purports to quote from the Old Testament Book of Ezekiel, as he offers a “warrior’s prayer”. But Ezekiel says no such thing. Nothing even remotely close appears in either Testament. [Trust me — I’ve checked.] Only a tiny bit of one sentence of the purple text at right appears anywhere in Ezekiel.

In fact, it seems clear that Hegseth is UNAWARE that Tarantino intentionally “fictionalized” Ezekiel, to make it all the more harrowing, as a career criminal and hit man’s… monologue — as he murders his hapless victims — in cold blood.

The point Tarantino was making was that Sam L. is (in the movie) a very… bad man. Sam does want to “be better” — and so he is… trying to leave his violent ways behind. He knows he should. He knows that is what his mother would want, for him.

Old Pete utterly misses all of this — and jumps headfirst, into the irony — of quoting movie lines, about the evil of men — as “God’s prayer“, for his supposed US soldiers.

DAMNATION. If you’ve by chance not seen it, here is the story about yesterday’s prayers, at a breakfast — by old Pete.

This is. madness, incarnate. Out.

नमस्ते

Scott Johnson Says Trump Has A “Right” To Vilify The Pope. True. But That Isn’t Remotely The Most-Salient Question.

Scott Johnson, like John Hinderaker before him… now realizes Trump has put himself in a “lose-lose” position, and is in deep trouble, with something like 75 million [US voting] Catholics.

Scott personally, at the close of his morning’s burpings, even says he may have to choose between his faith, and his vote (he is a self-identified Catholic).

Most of Scott’s pungent opinion column this morning suggests that the Pope is doing something nefarious, or at least… somehow, darkly non-kosher, in speaking out about matters of morality. [Yet we all know dozens of Catholics who’ve regarded the 2016, 2020 and 2024 votes for 1600 Penn, as a litmus test — on abortion. And Scott saw nothing wrong with that myopic assessment. Now the shoe is on the other foot. Fascinating.]

Solely it seems, because the Pope’s correct statements on the New Testament conflict with Trump’s endlessly cruel agendas — and thus offend the tangerine dotard. Fall 2026 will be another litmus test moment for Catholics, it would seem. Perfect.

So (in Scott’s eyes), Trump has a First Amendment right (to ridiculously call Pope Leo “soft on crime, and a radical far left liberal“), but the very same leader of the Catholic faith lacks a right to practice, and express his religion? To say nothing of his right to free expression, Scott? Hilarious.

Specifically, Scott says this:

…So the Pope met with David Axelrod last week. David Axelrod. Obama’s campaign architect. A man who is not Catholic, has never met a pope before, and whose entire career has been engineering political narratives for the American left.

And then, by pure coincidence, the Pope immediately started lobbing shots at the Trump administration, and three US Cardinals popped up on 60 Minutes doing the same thing.

All organically, I’m sure….

Trump’s insults are excused as ‘Trump being Trump’ — “water is… wet”, Scott says.

But the Pope must silently suffer the unhinged insults of a man who depicts himself as Jesus Christ, and claims this is a war endorsed by… God himself?!

N O P E.

The Pope never even named Trump — he just said Jesus is not on the side of an aggressor in these wars.

That is the Pope’s expression of his / Christ’s faith. Matthew 23:25; and 25:40.

If that enrages Trump — well, it says more about… Trump’s war than anything. And Scott, and the GOP/MAGA should come to terms with at least some substantial portion of the American voting ~75 million Catholics… abandoning him, and his sociopaths / minions, at the voting booth in November 2026.

Onward.

The 2018-Era Chicago Federal Class Action Will See A Pretty Momentous Hearing, On April 20, 2026 — ICE Agents, Brought To Heel — By The Rule Of Law.

We will listen in. And we may live blog it — USDC Judge Cummings will be (as ever) fair — but likely very forceful.

See below — but this (along with shared discovery, in other cases) spells a death-knell, for the abuse of law, by the MAGA Trumpians.

…MINUTE entry before the Honorable Jeffrey I. Cummings:

This matter is scheduled for an in-person hearing regarding plaintiffs’ motion to enforce consent decree, [330], on 4/20/26 at 2:00 p.m. in courtroom 1219.

The Court further orders the parties to be prepared to address the question of the number of individuals (if any) who were arrested without a warrant or with a field-issued warrant between 9/1/25 and 4/13/26 for whom arrest-related records have not yet been produced by defendants.

The Court grants counsel leave to appear remotely as long as each side has one or more attorneys physically present in court. The Court will also allow the media to join remotely.

The call-in number for the hearing is (855) 244-8681 and the access code is 2311 121 8062. Members of the public and media will be able to call in to listen to the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings.

Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court….

Now you know — with a warm, steamy wet spring day ahead here. Smile….

नमस्ते

Incrementally-Encouraging Prospects, For Chances Of Life (Like Ours) — Elsewhere In The Universe, From Latest Chandra X-Ray Data…

The chances that there might be more planets — and systems — like ours (watery and thickly covered in an oxygen bearing atmosphere — and warm, but not too hot) just increased a bit. NASA’s Chandra Observatory has sent back data, indicating that young stars, about the size of our Sun “cool, and calm down” — on the X-ray spectrum — more rapidly than earlier thought.

These young stars become more benign, after about 250 million years, not into the billions of years as previously surmised. Thus, this now-widened time-window, for when calm, rocky planets like ours, in the Goldilocks Zone, might develop and retain warm oxygen rich atmospheres, and host water oceans… and thus see life arise… means many more systems might presently host… life. The chances are pretty darn good there is some life out there, somewhere — but this slightly increases those already favorable odds. Here’s that, from NASA | Goddard:

…Scientists have found that young stellar cousins of our Sun are calming down and dimming more quickly in their X-ray output than previously thought, according to a new study using NASA’s Chandra X-ray Observatory. A paper describing the results published Monday in The Astrophysical Journal.

Unlike in the new movie “Project Hail Mary,” this quieting of young stars is a benefit for the prospects for life on orbiting planets around these stars — not a threat.

Astronomers used Chandra and other telescopes to monitor how powerful radiation from young stars — often in the form of dangerous X-rays — can pummel planets surrounding them. They did not know, however, how long this high-energy barrage continued.

This latest study looked at eight clusters of stars between the ages of 45 million and 750 million years old. The researchers found that Sun-like stars in these clusters unleashed only about a quarter to a third of the X-rays they expected. . . .

The researchers found that stars with about the same mass as the Sun quieted down relatively rapidly — after a few hundred million years — while ones with less mass kept up their high levels of X-ray emission for longer. Combined with a decrease in the energy of the X-rays and the disappearance of energetic particles, the Sun-sized stars are apparently better suited to host planets with robust atmospheres and possibly blossoming life than previously thought….

Of course, it may still be that “intelligent” life only lasts on these worlds for a few millenia, before destroying themselves with nukes, or destroying their host planets’ environments — to render them… barren, again.

That in turn may mean that we may never find our window is open at the same time, and within a distance that we might detect their presence. But the odds are high, that somewhere — at some time out there… things like us have existed, or do now exist — or will soon… exist.

Will we prove smart enough to avoid destroying ourselves long enough to meet them? Presently, I have my doubts. But onward, resolutely, just the same.

नमस्ते

Tariffs? Bad For America — Ask Ron Reagan — Multiple Times. Out.

I won’t repeat Trump’s outright lies — about “Mr. Tarriff.”

I will highlight… the Fed’s — and Yale Univ’s truthful statements, about what really happens, with his (19the Century style-) tariffs:

…Research from the Federal Reserve Bank of New York finds that nearly 90% of tariff costs are borne by U.S. firms and consumers, rather than foreign producers….

Data from the Yale Budget Lab points in a similar direction. Prices for imported consumer goods and durable goods rose about 1.5% in 2025 through January, both well above prior-year comparisons. Estimates suggest tariff pass-through to consumer prices ranges from roughly 46% to 86% for core goods and 51% to 115% for durables….

What a super stable genius he is.

Not.

Pope Leo XIV Will Continue To Speak — And Speak Candidly — On Matters Of Morality. Just As He Has, In Earlier Saying “No Human Is… Illegal.”

Yesterday, JD Vance warned the pontiff — not to opine on “matters of US politics” — saying that Leo should stick to questions of… morality.

For his part, no punching bag, for wanna be bullies, he — the Pope has responded directly, by saying this war of choice is not primarily a political question, at all — but it does evince a profound lack of. . . morality.

JD Vance should have seen that forceful, and clearly correct, retort forming even before the Veep offered his idiotic remarks, thus trying vainly to defend Tangerine 2.0 — now in a quagmire entirely of his own making (after pretending to be the second coming of Jesus well after midnight on Sunday, into Monday — then preposterously claiming he was dressed as a “doctor” in the meme he personally posted). Riiiiight.

Here’s the latest out of Detroit News, in any event:

…Pope Leo warned of the risk of democracies sliding into “majoritarian tyranny” on Tuesday, in a letter issued by the Vatican two days after U.S. President Donald Trump attacked the pontiff on social media.

The first U.S. pope, writing to participants of a Vatican meeting about the use of power in democratic societies, said democracies remained healthy only when they were rooted in moral values.

“Lacking this foundation, (democracy) risks becoming either a majoritarian tyranny or a mask for the dominance of economic and technological elites,” said Leo in the letter.. . .

Pope Leo XIV [said on] Monday that he planned to keep criticizing the war, despite Trump’s comments.

In Tuesday’s letter, the pope said the Catholic Church taught that power could not be seen as an end in itself “but as a means ordered toward the common good“….

Spot on. Well said, Pope Leo XIV… onward, resolutely. And Vance, if not Trump — well knows that Leo speaks to — and for — perhaps 75 million US Catholics.

नमस्ते