On Thursday, I asked what would come next, in the ongoing multi-year sunscreen "Battle Royale". Now we know: more discovery. In short, NO immediate injunction in favor of New Merck's Coppertone Ultra-Sport® sunscreen.
No surprise. Click above to enlarge the concluding portion of the memorandum opinion and order entered by the very able Delaware federal District Court Judge Sue L. Robinson, or downloard the whole PDF file. Your choice:
. . . .[New Merck's] motion for a permanent injuction. . . is denied. . . .
So, a third summer tanning season is already peeling off, and fading away. . . and still no clear winner.
My guess would be that each side has now spent close to $15 million in prosecuting, and defending, this Bataan-death-march of litigation. There will be no winners (save the lawyers, who are billing by the hour). It's a scorched skin spectacular -- both sides are willingly burning their skin off, for the prospect of keeping their bones. Ick. I'll keep you informed, just the same.
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