Bayer defeats Merck in lawsuit over talc liabilities

"Nothing in the (agreement) indicates that the parties intended Bayer to assume liability for all of Merck's actions for the period during which it formulated, marketed, and sold the products" at issue, Cook wrote in a 37-page decision.

Merck said it was disappointed with the decision and planned to appeal.

Bayer welcomed the decision, saying that it expected Merck to "take full responsibility for the product claims".

"Bayer will continue to defend itself against any further efforts by Merck to avoid or improperly transfer its liabilities to Bayer," the company said in a statement.

The $14.2 billion purchase also included Merck's Claritin allergy medicine and Coppertone sunscreen lines.

Bayer separately inherited liability for litigation over whether the weedkiller Roundup causes cancer when it spent $63 billion in 2018 to buy Monsanto.

In June 2020, Bayer agreed to settle much of that litigation for $10.9 billion. As of February 2023, about 109,000 of the 154,000 claims it faced had been settled or deemed ineligible.

The case is Merck & Co v. Bayer AG, Delaware Chancery Court, No. 2021-0838.

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