Merck KGaA v Merck Sharp & Dohme Corp & Ors

Merck KGaA v Merck Sharp & Dohme Corp & Ors

The court finds that the issue of the proper law governing the Agreement is reasonably self-contained, necessary to resolve, and its determination as a preliminary issue will assist both parties and the court in focusing trial preparation and evidence. The advantages outweigh the disadvantages, and the order for a preliminary issue is appropriate.

Parties
Claimant: MERCK KGaA; Defendant: MERCK SHARP & DOHME CORP; Defendant: MERCK & CO, INC.; Defendant: MERCK SHARP & DOHME LIMITED; Defendant: INTERVET UK LIMITED; Defendant: INTERVET INTERNATIONAL BV
Jurisdiction
England and Wales
Judgment Date
19 February 2014
Procedural Posture
Commercial / Application for Trial of Preliminary Issue
Outcome
Application granted
Legal Topics
Proper Law of Contract, Trade Mark Infringement, Case Management, Preliminary Issues
Contract Law Intellectual Property Proper Law of Contract Trade Mark Infringement Case Management Preliminary Issues

Case Brief

Summary, issues, holding and outcome

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Parties

MERCK KGaA

Claimant

MERCK SHARP & DOHME CORP

Defendant

MERCK & CO, INC.

Defendant

MERCK SHARP & DOHME LIMITED

Defendant

INTERVET UK LIMITED

Defendant

INTERVET INTERNATIONAL BV

Defendant

Procedural Posture

Commercial / Application for Trial of Preliminary Issue

Legal Issues

  1. 1 What is the proper law governing the 1970 Agreement between the parties?
  2. 2 Should the issue of proper law be tried as a preliminary issue?

Ratio Decidendi

The court finds that the issue of the proper law governing the Agreement is reasonably self-contained, necessary to resolve, and its determination as a preliminary issue will assist both parties and the court in focusing trial preparation and evidence. The advantages outweigh the disadvantages, and the order for a preliminary issue is appropriate.

Court Disposition

Application granted

Orders

  • Order for trial of preliminary issue as to the proper law governing the Agreement