Tuesday, July 29, 2014

L'Oreal Sunscreen Patent Battle: POSTPONED -- Due To Sale Of Biz, To Bayer

I was rather busy last week, and so didn't get to this -- at all.

My apologies. But the battle over L'Oreal's patents -- against legacy Schering-Plough Coppertone branded products -- will now likely be handed off to Bayer. Afterall, Bayer may wish to surrender, settle, or battle on, and Merck should probably not be making those sorts of tactical decisions, any longer -- on Bayer's behalf. [This will also delay the companion trial, Case No. 12-98, L'Oreal has pending against J&J.]

From the minute order entry, in Delaware federal District Court:

. . . .Minute Entry for proceedings held before Judge Gregory M. Sleet

Telephone Conference held on 7/29/2014.

Discussion on the status of the case as listed in Joint Agenda Letter. The Jury Trial in this matter scheduled for 9/29/2014 has been POSTPONED.

The parties shall file a Proposed Amended Briefing Schedule by 8/8/2014. Counsel shall follow the court's directives as discussed. The court will set a Teleconference in C.A. 12-98 to discuss a new trial date. . . .

Of course, J&J was battling Merck (as successor to legacy S-P) -- in the last iteration of this war. Now, they are both being bludgeoned (in a purely-figurative sense) by L'Oreal, in no small part on the basis of evidence adduced in the earlier battle between Merck and J&J, inter se -- and made public record in Delaware. Ironic. There are some other issues that may delay the twin trials, as to the L'Oreal patent claims themselves, but this will no longer be on Merck's tab -- very soon. And that too, is good news for Whitehouse Station. Now you know.

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