23 February 2016
The draughtsmen or women of co-existence agreements have to fulfil the role of Mystic Meg
The decision in Merck v Merck Sharp & Dohme Corp and ors  EWHC 49(Pat) illustrates that the draughtsman or women of co-existence agreements have to fulfil the same role as Mystic Meg.
I first wrote about the Merck case two years ago. At that stage, the case was about law and jurisdiction, which were not entirely clear, despite some very senior US and German lawyers being involved. The judge concluded that the relevant law in respect of the agreements was German, and the jurisdiction...