Or so this minute clerk's entry would seem to suggest/confirm. This doesn't necessarily mean that Judge Keenan has ruled against Merck's motion (yet). It does mean that Merck is likely putting on its defense, while it waits for a ruling:
. . . .Minute Entry for proceedings held before Judge John F. Keenan: Jury Trial held on 8/21/2009. Trial to continue on 8/24/09. . . .
As I promised, I'll keep you posted.