A Return To The Power Alley: Small Update -- On The Merck v. Merck Lanham Act Name Spat [Trial Date Now Not Earlier Than Late 2024]...

Pretty much as we earlier guessed, at least one of the parties' lawyers (the one for German Merck) is definitely slow walking the pre-trial conference date, probably because there have been renewed (but on-and-off) settlement discussions. But the federal district court in New Jersey will not let that cha-cha go on. . . forever. [Fairly recent prior backgrounder -- specifically about trial guesses, here. But overall,the coverage hits hundreds of posts, over 14 years minimum, here.]

Earlier today, both sides explained that -- for various reasons, instead of holding a pre-trial conference in the first days of the New Year, either the second week of February -- or the last week in that month (2024) -- may be the only next available date.

Somehow, these lawyers have forgotten that the court itself suggested that its own very busy docket might mean some slippage on the trial date, which he was trying mightily to avoid. [That said, it is baffling to me that a trial lawyer would say he doesn't have to say why he's unavailable for two weeks in Asia, in the middle of February -- given that he's known about these dates, in a multi-billion dollar piece of global litigation, no less. . . for a year minimum, and possibly closer to. . . a decade.]

In any event, we report on the letter solely to predict that we aren't likely to see a 2024 trial date -- if we ever see one. I've thought for a decade that these claims are the sort to settle -- not try, in a courtroom -- even a fine one like the NJ USDC. The stakes are far too high -- on both sides. Figure it out, guys. Out. Grinning. . . again.

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