Thursday, August 19, 2010

Sunscreen "Battle-Royale" Version 1.5 -- Dueling Letters Edition

As we reported back in mid-July, legacy Schering-Plough won at least a partial victory in its Lanham Act suit against J&J's Neutrogena unit -- the makers of the UltraSheer® sunscreen (containing something called Helioplex®). We've been covering this Battle Royale for over a year and a half.

This week, the lawyers for both sides have filed "dueling letters" -- on the topics of whether any additional discovery is allowed (or required), and whether any additional prove-up is needed (or advisable), before a sought-after permanent injunction is entered in favor of New Merck. Here is the opening page of the Neutrogena position on the matter (click to enlarge):

Here is the full-text (a 3 page PDF file) Neutrogena Ultra-Sheer® letter; and here is the legacy Schering-Plough Coppertone Ultra Sport® letter (a 16 page PDF file). You decide who's right! Enjoy.

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