Merck KGAA V Merck Sharp & Dohme Corp [2022] EWHC 1246 (Ch) (23 May 2022)

Merck KGAA V Merck Sharp & Dohme Corp [2022] EWHC 1246 (Ch) (23 May 2022)

The court directed the Defendants to submit evidence by the end of July 2022, rejected the Claimant's objections to mediation, and ordered both parties to explain in writing by September 2022 why mediation has not occurred or is unsuitable. The trial is estimated for one day pre-reading and two days in court, not...

Source-derived case information.

Citation
[2022] EWHC 1246 (Ch)
Parties
Claimant: MERCK KGaA; Defendant: MERCK SHARP & DOHME CORP.; Defendant: MERCK & CO., INC.; Defendant: ORGANON PHARMA (UK) LIMITED; Defendant: MSD ANIMAL HEALTH UK LIMITED; Defendant: INTERVET INTERNATIONAL B. V.
Jurisdiction
England and Wales
Judgment Date
23 May 2022
Procedural Posture
Application for Declaratory Relief and Case Management Directions / Case Management Hearing
Outcome
Case management directions issued; no substantive determination on merits.
Legal Topics
Trade Marks, Case Management, Mediation, Declaratory Relief
Intellectual Property Civil Procedure Trade Marks Case Management Mediation Declaratory Relief

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Parties

MERCK KGaA

Claimant

MERCK SHARP & DOHME CORP.

Defendant

MERCK & CO., INC.

Defendant

ORGANON PHARMA (UK) LIMITED

Defendant

MSD ANIMAL HEALTH UK LIMITED

Defendant

INTERVET INTERNATIONAL B. V.

Defendant

Procedural Posture

Application for Declaratory Relief and Case Management Directions / Case Management Hearing

Legal Issues

  1. 1 Whether ongoing acts of the Defendants are compliant with the order of Sir Alastair Norris dated 28 July 2020
  2. 2 Whether mediation or neutral evaluation should be directed
  3. 3 Timetable for evidence and trial listing

Ratio Decidendi

The court directed the Defendants to submit evidence by the end of July 2022, rejected the Claimant's objections to mediation, and ordered both parties to explain in writing by September 2022 why mediation has not occurred or is unsuitable. The trial is estimated for one day pre-reading and two days in court, not before early 2023.

Court Disposition

Case management directions issued; no substantive determination on merits.

Orders

  • Defendants to submit evidence by end of July 2022.
  • Both parties to provide written explanations in September 2022 regarding mediation.