Tuesday, June 26, 2018

Additional Discovery Delay Likely, In Federal Court: Merck US v. German Merck Lanham Act Name Spat...


As my regular readers well know (January 2016 backgrounder), German Merck continues to pursue litigation, in various courts, around the globe -- against the US Merck. The two have shared no common ownership -- since 1917. But they have been in name spats, on and off -- since the early-1960s.

At present, in New Jersey's federal district courts, the US Merck seeks a short delay in deposition taking, while the German one seeks a longer delay. You may read the latest, on the competing positions here; it's a three page PDF. Here's a bit:

. . . .Plaintiffs [US Merck and subs] respectfully request a three-week extension of the discovery deadlines. Plaintiffs’ proposed schedule, which is set forth below, would allow the parties to depose the few remaining witnesses before the close of fact discovery, with the sole exception of Plaintiffs’ private investigator, Exiger LLC. That deposition can be conducted during the expert discovery period without interfering with the preparation of expert reports.

For its part, Defendant [German Merck] demands a six-week extension, and states that it may seek even more time later. Defendant’s sole justification for this indefinite delay is that it refuses to allow the expert discovery period to begin until it has deposed Exiger. This is not the first time Defendant has used Exiger’s deposition to impede the progress of this case. That deposition had previously been set for May 16, but Defendant upended the parties’ carefully negotiated schedule by serving a motion to compel production of Exiger’s protected work-product less than a week before the deposition. . . .


So it goes. And off-topic, but grin-worthy, nonetheless: Paul Manafort had his butt handed to him late last week, in federal court (while I was off-grid) -- on his multiple felony indictments.

Back on the main topic, I'd expect a ruling from the able US District Court Magistrate Judge Hammer, late this week.

And until then, we are moving forward, with hope -- as we are off-grid all day tomorrow in federal court -- on anti-Trump, pro-asylum pro-bono immigration cases. Travel well; but travel light, all you ethereal, unwasted grace-exuding copper goddesses. Smile.

नमस्ते

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