There are or were dozens of similar suits dotting the globe. Hopefully, a global mediated settlement will be reached:
. . .Re: Merck & Co., Inc., et al. v. Merck KGaA, Civil Action No. 16-266 (ES/MAH)
Dear Judge Hammer:
This firm, along with Sidley Austin LLP, represents Plaintiffs Merck & Co., Inc. and Merck Sharp & Dohme Corp. in the above-referenced matter. We write on behalf of all parties to follow up on our joint letter regarding a mediation date pursuant to the Court’s March 9, 2026 Order (ECF Nos. 322, 326).
We have a mediation scheduled with Judge Hochberg on September 16-18, 2026. As appropriate, an additional mediation day may occur on October 27, 2026.
We thank the Court for its consideration.
Respectfully submitted. . . .
So it goes -- it would certainly make sense for both sides to settle rather than run multi-billion dollar exposures, on their respective trademarks / intellectual property. But I've been saying that for over a decade. Maybe they are finally really listening, as trial nears. Onward, smiling.
नमस्ते
2 comments:
So why is this not yet settled?
I think, because there are literally billions at stake… Each side is hoping that the mediator will give them “a leg up” so that they have a better chance of getting hundreds of millions more — from the other side.
But in truth, both sides have fairly plausible arguments for the way they’ve been conducting their business. And that really is the rub that neither one of them is clearly in the wrong.
That said, almost on a weekly basis. Various members of the press confuse one mark for the other and use the wrong wordmark or the wrong photo of the wrong headquarters — when publishing a story. So there is clearly some confusion in the marketplace. [OTOH, I suspect that doctors prescribing and hospitals delivering do not make the same mistakes.]
So I suppose one could even argue that the confusion isn’t really in their marketplace, but in the press’s mind.
But it has been over a decade and it still hasn’t reached a resolution. I am pretty sure neither side wants to leave it as a “winner take all” outcome — in the hands of a federal judge (even a very good one like Esther Salas).
So we will just have to be patient and wait and see.
Namaste — and a great question!
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