Merck Vs. Merck Update: August 1, 2016 Conference Likely Scratched — Now In Mid-September 2016

While the able judge has not yet “so ordered” — and while there was to be a court hearing on August 1, 2016 in Newark’s federal District courthouse, on this spat over the two global titans’ asserted Lanham Act claims and counterclaims — it is highly likely that this hearing will be pushed back, into mid-September now.

Here’s the operative part of the joint letter — from both companies’ counsel, overnight:

. . . .We, along with Debevoise & Plimpton LLP, represent Defendant, Merck KGaA, in the above matter, and write jointly with McCarter & English, LLP and Hogan Lovells, LLP, counsel for Plaintiffs, Merck & Co., Inc. and Merck Sharp & Dohme Corp., to request that the Rule 16 Conference currently scheduled for August 1, 2016 be adjourned to either September 14, 15, 16, 19 or 20, 2016. We make this request because of vacation and trial schedules of counsel involved in this case. If this is acceptable to the Court, we request that Your Honor “so order” this letter with the new date and time for the Rule 16 Conference and enter it on the docket. . . .

I might be so bold as to suggest that it may also allow for more time to work out an agreed settlement here, as well. That would be smarter for both. So. . . g’night all of good will — the Democrats (but particularly the FLOTUS 44) have been on fire, of late. And I for one am proud — of all of them. . . . They are the answer to Mr. Trump’s never ending stream of divisive invective — and small-minded hatred.

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