A Very Minor (Divested Product) Footnote: Settled Battle Of Sunscreens, Royale

Back in 2012, 2013 and 2014, we were following a series of legacy Schering-Plough disputes — first with others, but then later with L’Oréal — over claims related to sunscreens, and the chemical formulations of the same.

Then Merck sold the vast bulk of its Consumer Health businesses to Bayer — and along with them, went these claims.

So, just to complete the record here, Bayer — as successor — has now settled these patent, trademark and Lanham Act claims (and generally all the IP claims). And they did so back in June of 2015 — but I was too busy with other things to mention it at the time. From that filing in Delaware federal District Court:

. . . .Plaintiffs L’Oréal S.A. and L’Oréal USA, Inc. and Defendant MSD Consumer Care, Inc. (collectively the “Parties”) hereby stipulate, pursuant to Federal Rule of Civil Procedure 41(a), and subject to the approval of the Court, to the dismissal of all claims and counterclaims between them in this action with prejudice pursuant to a settlement agreement. Each party shall bear its own costs and attorneys’ fees. The Court shall retain jurisdiction to enforce the settlement agreement reached by the Parties. . . .

Settled by agreed order: June 15, 2015. . . .

And so, you now know — we are smiling broadly — as we intend to use a lot of that product later this Winter, as we close out an overwhelmingly wonderful 2015, here. . . . Onward!


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