The Mediation Efforts, In A Multi-Billion Dollar Name Spat Suit — Merck v. Merck — Continue… Even As A Federal Lanham Act Trial Date Nears.

This is — by now — old hat: the spat dates back to the end of WWI. And this suit is over a decade old.

There are or were dozens of similar suits dotting the globe. Hopefully, a global mediated settlement will be reached:

…Re: Merck & Co., Inc., et al. v. Merck KGaA, Civil Action No. 16-266 (ES/MAH)

Dear Judge Hammer:

This firm, along with Sidley Austin LLP, represents Plaintiffs Merck & Co., Inc. and Merck Sharp & Dohme Corp. in the above-referenced matter. We write on behalf of all parties to follow up on our joint letter regarding a mediation date pursuant to the Court’s March 9, 2026 Order (ECF Nos. 322, 326).

We have a mediation scheduled with Judge Hochberg on September 16-18, 2026. As appropriate, an additional mediation day may occur on October 27, 2026.

We thank the Court for its consideration.

Respectfully submitted….

So it goes — it would certainly make sense for both sides to settle rather than run multi-billion dollar exposures, on their respective trademarks / intellectual property. But I’ve been saying that for over a decade. Maybe they are finally really listening, as trial nears. Onward, smiling.

नमस्ते