Green iron start-up Element Zero is continuing its fight over search orders won by rival Fortescue that it claimed were a massive over-reach.
Fortescue has defeated a bid by its former CFO’s green iron start-up to set aside search orders that were said to have been secured “off the back of egregious material non-disclosure”.
Fortescue has rejected Element Zero’s “implausible” claims that the start-up’s founder was instructed by the mining giant’s IP manager to access and delete certain documents after his resignation, as it defends allegations that search orders it won over the alleged misappropriation of its confidential information were based on weak evidence.
Start-up Element Zero has attacked search orders won by Fortescue over the alleged misappropriation of the mining company’s confidential information by three former employees, calling the orders an “industrial scale forensic debacle” won on weak evidence and the failure to disclose material information.
A judge appears reluctant to allow Element Zero to cross-examine an external lawyer hired by mining company Fortescue over alleged “egregious material non-disclosure” during Fortescue’s bid for “extreme and unorthodox” search orders against the green startup’s founders.
IP Australia has rejected an Italian cheese lobby’s bid to block an American cheese maker from using a trade mark containing the word ‘asiago’, saying there was “very little evidence” Australians were aware of the cheese at all.
A judge has rejected Samsung Bioepis’ bid to discover research and development documents from Pfizer as it seeks to invalidate the drug giant’s patent for its blockbuster autoimmune drug Enbrel, agreeing with Pfizer that it may be “no more than an exercise in fishing”.
Elanco Australasia has lost its bid to appeal a finding by IP Australia that a patent acquired from Bayer covering a lice treatment for livestock lacked an inventive step.
The Iconic has defeated a challenge to the online fashion retailer’s application to trade mark ‘Considered’ for sustainable or ethically sourced products, with IP Australia rejecting Net-a-Porter’s argument that the label has not been used in the sense required under the Trade Marks Act.
Drug giant Pfizer has blasted Samsung Bioepis’ “fishing expedition” in its suit alleging infringement of the patent for its blockbuster arthritis drug Enbrel, telling the court the Korean biotech should not be allowed to dig for new grounds of invalidity.