Merck KGaA v Merck Sharp & Dohme LLC & Ors [2026] EWHC 1113 (Ch) (15 May 2026)

Merck KGaA v Merck Sharp & Dohme LLC & Ors [2026] EWHC 1113 (Ch) (15 May 2026)

MSD is contractually bound not to use the Confidential Documents for collateral purposes, regardless of whether they were referred to in open court, and cannot be released from this obligation absent a targeted, justified application identifying specific documents and proposed use. The open justice principle does not override the Agreement in this context, especially where the public can apply for access and the trial judgment is public. Merck is not required to justify confidentiality document-by-document in the absence of such targeted applications.

Citation
[2026] EWHC 1113 (Ch)
Parties
Claimant: Merck KGaA; Defendants: Merck Sharp & Dohme LLC & others
Jurisdiction
England and Wales
Judgment Date
15 May 2026
Procedural Posture
Commercial/intellectual Property Litigation / Post Trial Application Regarding Confidentiality and Use of Disclosed Documents
Outcome
Application granted in substantial part for Merck; MSD remains bound by the Agreement and cannot use Confidential Documents for collateral purposes absent further application.
Legal Topics
Confidentiality of Disclosed Documents, Collateral Use of Documents, Open Justice Principle, Contractual Confidentiality Agreements, CPR 31.22, Trade Secrets, Disclosure Obligations
Intellectual Property Contract Law Civil Procedure Confidentiality of Disclosed Documents Collateral Use of Documents Open Justice Principle Contractual Confidentiality Agreements CPR 31.22 +2 more

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Parties

Merck KGaA

Claimant

Merck Sharp & Dohme LLC & others

Defendants

Procedural Posture

Commercial/intellectual Property Litigation / Post Trial Application Regarding Confidentiality and Use of Disclosed Documents

Legal Issues

  1. 1 Whether MSD should be released from contractual and procedural restrictions on collateral use of confidential documents disclosed in litigation
  2. 2 Whether the open justice principle overrides contractual confidentiality obligations in this context
  3. 3 Whether Merck must justify confidentiality on a document-by-document basis or whether the Agreement suffices

Ratio Decidendi

MSD is contractually bound not to use the Confidential Documents for collateral purposes, regardless of whether they were referred to in open court, and cannot be released from this obligation absent a targeted, justified application identifying specific documents and proposed use. The open justice principle does not override the Agreement in this context, especially where the public can apply for access and the trial judgment is public. Merck is not required to justify confidentiality document-by-document in the absence of such targeted applications.

Court Disposition

Application granted in substantial part for Merck; MSD remains bound by the Agreement and cannot use Confidential Documents for collateral purposes absent further application.

Orders

  • MSD is prohibited from using the Confidential Documents for collateral purposes except for the proceedings.
  • MSD must destroy all copies of the Confidential Documents in its control, save as necessary for professional obligations.