Merck KGaA v Merck Sharp & Dohme Corp & Ors

Merck KGaA v Merck Sharp & Dohme Corp & Ors

The 1955 Agreement, negotiated and signed in Germany, whose main effect is a grant by a German rights-owner to an American company, has its closest and most real connection with German law, not New Jersey law, despite the requirement for US court approval.

Parties
Claimant: Merck KGaA; Defendant: Merck Sharp & Dohme Corp; Defendant: Merck & Co, Inc.; Defendant: Others
Jurisdiction
England and Wales
Judgment Date
21 November 2014
Procedural Posture
Commercial / Preliminary Issue Determination
Outcome
Declaration granted
Legal Topics
Governing Law of Contract, Trademark Agreements, International Contracts, Choice of Law, Trade Mark Coexistence
Conflict of Laws Contract Law Intellectual Property Governing Law of Contract Trademark Agreements International Contracts Choice of Law Trade Mark Coexistence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 22 Party arguments 2
Sign in to unlock

Parties

Merck KGaA

Claimant

Merck Sharp & Dohme Corp

Defendant

Merck & Co, Inc.

Defendant

Others

Defendant

Procedural Posture

Commercial / Preliminary Issue Determination

Legal Issues

  1. 1 What is the governing law of the 1955 Agreement, 1970 Agreement, and 1975 Letter between Merck KGaA and Merck Sharp & Dohme Corp?
  2. 2 Is the governing law German law or the law of New Jersey?

Ratio Decidendi

The 1955 Agreement, negotiated and signed in Germany, whose main effect is a grant by a German rights-owner to an American company, has its closest and most real connection with German law, not New Jersey law, despite the requirement for US court approval.

Court Disposition

Declaration granted

Orders

  • The governing law of the 1970 Agreement and 1975 Letter is the law of Germany.