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Lendlease faces second shareholder class action after $350M writedown
Class Actions 2019-07-23 11:17 pm By Cat Fredenburgh

Construction giant Lendlease faces a second shareholder class action over market disclosures relating to its underperforming engineering division, and joining the case is one of the biggest public pension funds in the US.

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Caterpillar pounces on Puma’s ‘procat’ trade mark
Intellectual Property 2019-07-23 9:57 pm By Cat Fredenburgh

A catfight has broken out between construction equipment and workwear maker Caterpillar and sneaker giant Puma, with Caterpillar arguing Puma’s ‘procat’ trade mark is deceptively similar to its ‘cat’ marks.

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APRA calls for changes to executive pay to curb misconduct
Financial Services 2019-07-23 12:55 pm By Cat Fredenburgh

Certain executives of Australian companies might have to wait seven years to have their bonuses paid out under proposed changes to executive remuneration introduced by the Australian Prudential Regulation Authority designed to limit the risk of misconduct and align executive pay with long-term performance.

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Mylan fires another shot at Cipla in generic Lipidil battle
Competition & Consumer Protection 2019-07-22 9:35 pm By Cat Fredenburgh

Mylan has launched a lawsuit against Cipla for allegedly copying the get-up of its blockbuster cholesterol drug Lipidil, after losing a bid to block Cipla and Sun Pharma from selling generic versions of the drug while it appeals a ruling invalidating several claims of its patents.

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Boehringer wins time to oppose Intervet patent after lawyers botched deadline
Intellectual Property 2019-07-22 4:56 pm By Cat Fredenburgh

A unit of Boehringer Ingelheim has been given more time to oppose a proposed patent by rival drug maker Intervet, after the German drug company’s lawyers sent an email with the wrong opposition deadline.

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Apple wins patent for computer-implemented invention
Intellectual Property 2019-07-22 2:35 pm By Cat Fredenburgh

Apple has been granted a patent for an animation-generating user interface for its iPhone and iPad devices, beating back multiple adverse examination reports that described the invention as a presentation of “aesthetic content” that solved the problem “providing users with something engaging to look at”.

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Ex-Norton Rose lawyer can appeal privilege ruling over partner communications in feud with firm
Employment 2019-07-18 10:19 pm By Cat Fredenburgh

A terminated Norton Rose Fulbright partner has won a bid to challenge a ruling in his dispute with the law firm that denied him access to communications between partners on the grounds that the documents were privileged.

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Shifting sands: orders for defendants to produce insurance policies in class actions
Expert Insights 2019-07-17 11:22 pm By Cat Fredenburgh

We have started to see the Federal Court use its discretionary powers in respect of class actions to order defendants to disclose their insurance policies to plaintiffs. The emergence of these disclosure orders is an example of the flexible and pragmatic approach increasingly being adopted by the Federal Court in class actions, say Johnson Winter & Slattery’s Frances Dreyer and Nicholas Briggs.

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Monster Energy takes another shot at blocking monster wheels trade mark
Intellectual Property 2019-07-17 4:28 pm By Cat Fredenburgh

Beverage giant Monster Energy has appealed a ruling that allowed a company associated with leading tyre retailer Bob Jane T-Mart to register trade marks for its Monster brand alloy wheels.

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Delegate says A2 milk common meaning bars ‘true A2’ trade mark
Intellectual Property 2019-07-16 3:19 pm By Cat Fredenburgh

The phrase true A2 is not inherently adapted to distinguish the A2 Milk Company’s products because A2 milk is commonly understood to signify less allergenic dairy products that do not contain the A1 protein, according to a now-published ruling that’s already been appealed by the dairy company.

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