Unless Earlier Settled, The Merck vs. Merck Name Spat Will Be Tried One And One Quarter Years From Now…

As ordered by the federal District Court in Newark, the German Merck and the US Merck have agreed to a pre-trial schedule in this contract enforcement action, and federal Lanham Act suit.

They are also putting the finishing touches on an agreed choice of laws memo, for the court, now. Here are some salient dates from the agreed schedule (a three page PDF):

. . . .Next status conference: May 8, 2017

All document production: July 31, 2017

All fact discovery and witnesses: October 31, 2017

All expert discovery completed: March 23, 2018. . . .

The time frames allotted here greatly exceed the complexity of the issues involved, so (as I’ve repeatedly suggested) I expect this “slack-time” will allow for settlement discussions — and at a languid pace, to boot. Onward we go, with that sweet lil’ baby girl, in tow. . . . smile.



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