As only the Goddesses of Festivus would have it (just as last year, at this precise moment), we note some developments in the Merck v. Merck Lanham Act naming fight -- overnight here, in the federal courthouse in New Jersey.
Discovery and admission cutoff dates are being stretched -- and it seems the patience of the US based Merck is being stretched, as well. [Read the 12-page letter motion.]
And that, in turn, allows us (in joyous counterpoint) to rerun our graphic (and masthead, below) from that time, essentially without alterations -- please excuse the dating. Sweet. On substance now, below is the order. And here is the letter motion from last week (a 12 page PDF file). That 12 pager is full of Christmas spice -- about the German Merck's prior admission (it used a breaching name designation, for an event in Chicago), yet remained intransigent -- in more fully responding to Kenilworth's requests to admit. [It seems the German Merck is approaching the litigation according to mechanized, stand on form German rules, rather than the far more liberal and open discovery rules we enjoy in the federal courts here, stateside.]
. . . .As discussed during the December 18, 2017 telephone conference, the parties will continue to meet and confer in good faith to attempt to resolve their disputes regarding responses to written discovery requests. The deadline to raise written discovery disputes via the protocol set forth in paragraph 5 of the Pretrial Scheduling Order is extended until February 15, 2018. There will be a telephone conference before the Undersigned on March 5, 2018, at 10:00 a.m. Plaintiff's counsel will initiate the conference. So Ordered by Magistrate Judge Michael A. Hammer on 12/18/2017. . . .
Now you know. And we should have snow for Christmas Eve, as should much of the middle south. So I am smiling widely -- and will become scarce as of tomorrow. . . as precious chunks of my Aspen, Colorado-based family arrives. Singing Messiah tonight -- as ever. Joyous Festivus, indeed!
नमस्ते
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