DGAP-Adhoc

Merck KGaA: Merck KGaA reverses provision for lawsuit in the amount of EUR 365 million

DGAP-Ad-hoc: Merck KGaA / Key word(s): Miscellaneous Merck KGaA: Merck KGaA reverses provision for lawsuit in the amount of EUR 365 million 29-Sep-2020 / 18:06 CET/CEST Disclosure of an inside information acc. to Article 17 MAR of the Regulation (EU) No 596/2014, transmitted by DGAP - a service of EQS Group AG. The issuer is solely responsible for the content of this announcement. Darmstadt, September 29, 2020. In the United States Merck KGaA's subsidiary EMD Serono, Inc. (Merck) is involved in a US patent dispute with Biogen Inc., United States (Biogen). Biogen sued Merck for damages in connection with a patent infringement caused by Merck's product Rebif before the U.S. District Court New Jersey, Newark. Merck defended itself against the allegations and brought a countersuit claiming that Biogen's patent is invalid. In February 2018 a jury declared Biogen's patent invalid vis-à-vis Merck. The jury verdict was overturned by the District Court Judge, who upheld the validity of Biogen's patent. Merck filed a complaint with the U.S. Court of Appeals for the Federal Circuit against this ruling. On 28 September 2020 the U.S. Court of Appeals for the Federal Circuit set aside the decision of the District Court Judge, invalidated Biogen's patent and instructed the District Court to reinstate the jury verdict. Therefore, Merck KGaA has decided today to reverse the provisions for the patent dispute proceedings in the amount of EUR 365 million. Thereof, up to a mid to high double-digit million amount might be booked into the financial result. Merck KGaA will adjust its forecasts accordingly as part of its regular financial reporting Friederike Segeberg, Leiterin News & Reputation Merck KGaA Frankfurter Straße 250 64293 Darmstadt Germany Phone: [phone] - 6328 Fax: [phone] - 913321 Email: [e-mail] Internet: www.merck.de ISIN: DE0006599905 WKN: 659990 Indices: DAX Stock exchanges: Regulated Market of Frankfurt am Main (Prime Standard); Open Markets of Berlin, Düsseldorf, Hamburg, Hanover, Munich, Stuttgart; EUREX derivatives exchange; London, SIX 29-Sep-2020 CET/CEST The DGAP Distribution Services include Regulatory Announcements, Financial/Corporate News and Press Releases. Archive at www.dgap.de

Language:	English
Company:	Merck KGaA
	Frankfurter Str. 250
	64293 Darmstadt
	Germany
Phone:	[phone] - 6328
E-mail:	[e-mail]
Internet:	https://www.merckgroup.com/de
ISIN:	DE0006599905
WKN:	659990
Indices:	DAX
Listed:	Regulated Market in Frankfurt (Prime Standard); Regulated Unofficial Market in Berlin, Dusseldorf, Hamburg, Hanover, Munich, Stuttgart, Tradegate Exchange; London, SIX
EQS News ID:	1137699

End of Announcement	DGAP News Service

1137699  29-Sep-2020 CET/CEST