Monday, August 10, 2015

"Son Of Sunscreen Battle Royale" -- Closing Out Legacy Lanham Act/Patent Litigation: Legacy S-P's Sunscreen Brands

Since we have now fully entered the lazy beach-sun drenched vacation days of August, I'll close out the predictions I made in 2012, 2013 and early 2015 -- that the parties would ultimately settle out of court. They have, as of June 15, 2015. So this is mostly about completing the record -- for posterity.

I am quite tardy in posting this, because Merck sold these legacy assets to Bayer, last year. But this is the second large piece of patent infringement/Lanham Act litigation settled on the legacy sunscreen product lines, by Merck as successor to legacy Schering-Plough. Whatever the settlement payments, in either direction, provided for -- the benefit (or payment) almost certainly went to (or came from) Bayer -- since it now holds the brands. Here's a bit of the order of dismissal/settlement:

. . . .Plaintiffs L’Oréal S.A. and L’Oréal USA, Inc. and Defendant MSD Consumer Care, Inc. (collectively the “Parties”) hereby stipulate, pursuant to Federal Rule of Civil Procedure 41(a), and subject to the approval of the Court, to the dismissal of all claims and counterclaims between them in this action with prejudice pursuant to a settlement agreement. Each party shall bear its own costs and attorneys’ fees. The Court shall retain jurisdiction to enforce the settlement agreement reached by the Parties. . . .

Yes. . . it is a slow Merck news day, here. More background, here. A lil' more truthfully, I was just looking for an excuse to re-run that legacy graphic at right. Enjoy your August beach time, one and all -- and stay. . . screened-up!

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