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After GetSwift, judge could not hear split trial in Revlimid patent case, court told
Intellectual Property 2021-07-20 8:39 pm By Christine Caulfield

A proposal by Bristol-Myers Squibb-owned Celgene to split a second trial into two more hearings in a dispute over patents covering the pharmaceutical maker’s top selling cancer drug Revlimid would result in wasted costs, wasted time and require a second judge, a court has been told.

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Full Court upholds Sequenom’s win in patent battle over prenatal genetic tests
Intellectual Property 2021-06-21 6:34 pm By Miklos Bolza

The Full Federal Court has upheld US biotech company Sequenom’s  patent for a noninvasive prenatal genetic test, rejecting rival Ariosa Diagnostic’s argument that the patent merely described a way to extract incorporeal genetic information.

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Judge tosses Caltex trade mark case, says Chevron does not own colour red
Intellectual Property 2021-06-08 9:57 pm By Miklos Bolza

Chevron has mostly failed in its lawsuit accusing Australian petrol station company Ampol of infringing its Caltex trade marks, with a judge finding that Chevron’s case sought exclusive use over the colour red and was “at odds with commercial sense”.

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Ampol hits back at Chevron in trade mark trial over Caltex brand
Intellectual Property 2021-04-19 8:31 pm By Cindy Cameronne

Petrol station operator Ampol has denied accusations by US oil giant Chevron that it is misusing Caltex branding on 175 of its service stations, on the first day of a trial that could see the presiding judge take a road trip to view the alleged offending signage firsthand.

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Juno and Bristol-Myers Squibb suffer losses in Revlimid patent war
Intellectual Property 2021-03-25 1:58 pm By Miklos Bolza

A patent battle between Juno Pharmaceuticals and Bristol-Myers Squibb over the blockbuster drug Revlimid has seen both sides suffer early losses, with a judge dismissing strike out and summary dismissal applications by the drug makers.

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Sandoz cross-claim seeks to block Merck Sharp & Dohme’s Januvia patent extension
Intellectual Property 2021-03-09 1:51 pm By Miklos Bolza

Generic pharmaceutical company Sandoz has hit back in an intellectual property lawsuit by Merck Sharp & Dohme, filing a cross-claim that seeks to undo an extension of time granted to the US drug manufacturer for a patent relating to its multibillion dollar Januvia and Janumet diabetes drugs.

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The top litigation law firms of 2020
Feature 2021-01-27 11:21 pm By Cat Fredenburgh

Lawyerly’s Litigation Firms of 2020 delivered significant victories for clients last year in bet-the-company matters, thriving in a tumultuous year that saw courts and litigants adapt to virtual trials and other new norms that are sure to outlast the COVID-19 pandemic.

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Judge allows Neurim to seek additional damages in patent suit over insomnia drug
Intellectual Property 2020-12-14 3:18 pm By Miklos Bolza

Neurim Pharmaceuticals can seek limited additional damages in a patent infringement case relating to its insomnia drug Circadin, after a judge granted a mid-trial bid to amend its pleadings against Generic Partners and Apotex.

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Pfizer can’t get discovery in anticipation of Sandoz’ Enbrel biosimilar, judge says
Intellectual Property 2020-12-03 11:00 pm By Cat Fredenburgh

A judge hearing Pfizer’s application for preliminary discovery against Sandoz over its possible launch of an Enbrel biosimilar has found that such an application must be based on a current belief that the applicant could be entitled to relief.

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In loss for Seiko, High Court adopts patent exhaustion doctrine
Peter Creighton-Selvay 2020-11-12 1:16 pm By Cat Fredenburgh

The High Court has ruled that a patentee’s rights to control what can be done with a patented product after it is sold are “exhausted” upon sale.

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