But we do learn here that the parties were able to settle in Singapore, before trial -- and that both see a narrowing of overall issues -- even if the ones that remain are. . . the thorniest. Here's that letter, and a bit:
. . .The Order indicates that Your Honor determined that the conference should proceed by Zoom in order “[t]o accommodate the schedules of counsel and Mr. Kölle [Merck KGaA’s lead negotiator and chief internal trademark counsel].” Although we very much appreciate that accommodation and courtesy, we respectfully request that the settlement conference be conducted in person at the courthouse in Newark instead.
We are pleased to report that the trial between the parties in Singapore, at which Mr. Kölle’s attendance would have been required, has now been settled. Mr. Kölle is thus now available to travel to the United States for a settlement conference in this matter. He is willing -- indeed eager -- to make the international trip because Merck KGaA believes that an in-person conference has the greatest likelihood of being successful and is committed to making the most of the opportunity.
The parties have already engaged in numerous in-person settlement meetings over the past few months, and they are scheduled to do so again in Germany on January 25 and 26. In Merck KGaA’s experience, these past few in-person meetings have yielded substantial progress, and meeting in person has been key to working toward finding common ground on some of the thornier issues that remain outstanding -- particularly given Plaintiffs’ insistence that any settlement of their U.S. litigation must be folded into a larger “global” settlement. . . .
As regular readers know. . . we have followed this since even before our now decade on times, traveling to Nashville, for life sciences businesses -- by about four years before that (now with a record of 3-3). And it has all been bubbling, in one form or another -- for now 103 years. . . over a century, indeed. Grin.
नमस्ते
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