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Boral denies loss claims in shareholder class action
Class Actions 2021-09-15 2:53 pm By Miklos Bolza Sydney

Boral has denied that shareholders bringing two class actions against it over financial irregularities in its North America windows business suffered any loss, saying that its systems helped spot and prevent the financial manipulation from continuing.

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Merck Sharp & Dohme appeals judgment tossing Januvia patent extension
Intellectual Property 2021-09-10 6:04 pm By Miklos Bolza Sydney

Merck Sharp & Dohme is seeking to overturn a judgment refusing an extension of a patent covering its Januvia and Janumet diabetes drugs that would have seen the US drug maker of retaining a monopoly over the multibillion dollar medicines beyond July 2022.

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NAB super class action must cover bases with group members after landmark ruling
Class Actions 2021-08-23 2:57 pm By Miklos Bolza Sydney

The applicant in a Federal Court class action against NAB superannuation trustee NULIS has been ordered to find a sample group member in light of a landmark Victoria Supreme Court ruling that found the plaintiff in a similar class action could not establish any loss.

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Court throws out Merck Sharp & Dohme’s Januvia patent extension
Intellectual Property 2021-08-12 2:29 pm By Miklos Bolza Sydney

The Federal Court has dealt US drug giant Merck Sharp & Dohme a devastating blow, overturning an “untenable” patent term extension which would have protected the monopoly of its multibillion-dollar Januvia and Janumet diabetes drugs beyond July 2o22.

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IP Australia accuses judge of ‘impermissible gloss’ on patent term extension law
Appeals 2021-07-15 5:29 pm By Cindy Cameronne Sydney

IP Australia has appealed a ruling granting drug company Ono Pharmaceutical a patent extension for a cancer immunotherapy drug, calling it an “impermissible gloss” on the Patents Act that is at odds with the law’s purpose.

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Court finds Ford PowerShift cars defective, in victory for class action
Class Actions 2021-06-29 1:24 pm By Miklos Bolza Sydney

In a win for a long-running class action against US auto giant Ford on behalf of owners of 70,000 vehicles, a judge has found that cars installed with PowerShift transmissions were defective.

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Court throws out ‘absurd’ ruling on patent term extensions
Intellectual Property 2021-06-16 1:34 pm By Cindy Cameronne Sydney

A judge has overturned a ruling from the Australian Patent Office that shortened the amount of time available to companies under patent term extensions, saying a “liberal rather than literal” reading was needed to achieve the extension regime’s goals of compensating holders of drug patents for the lengthy time required to obtain regulatory approval to market their drugs.

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‘It’s not a good look’: Judge doesn’t want Suncorp class action to ‘hang around’
Class Actions 2021-06-02 9:35 pm By Miklos Bolza Sydney

The judge overseeing a conflicted remuneration class action against Suncorp has locked in a trial date for May next year over the protests of the applicants, saying it was “not a good look” for class actions to “hang” around.

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Court can order class action opt out notices for limited number of group members, judge says
Class Actions 2021-04-27 9:21 pm By Miklos Bolza Sydney

A judge has found he has power to order that opt out notices be sent to a limited number of Boral shareholders eligible to join two class actions that faced off last month in a class action beauty parade.

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Boral ruling a warning to class action lawyers to be on their best behaviour
Class Actions 2021-04-01 3:28 pm By Miklos Bolza Sydney

A judgment in a heated carriage fight between three class actions against construction giant Boral provides some guidance to law firms about conduct that could potentially compromise their case for why they should be crowned the victor in a class action beauty parade.

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