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Merck Sharp & Dohme settles trade mark spat with German drug company
Intellectual Property 2020-10-05 12:45 pm By Cat Fredenburgh

US drug company Merck Sharp & Dohme has settled trade mark litigation brought by German drug maker Merck KGaA alleging it violated a 1970 agreement by using the “Merck” mark in Australia.

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ASIC conflated conduct of GetSwift founders, court told
Securities 2020-09-30 9:39 pm By Christine Caulfield

ASIC’s case against GetSwift and its founders Joel Macdonald and Bane Hunter makes accusations against both directors but relies on alleged conduct by only Hunter, a lawyer for Macdonald has told a court on the last day of trial in the corporate regulator’s case.

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Hanwha can amend solar patent at centre of IP feud with rivals
Intellectual Property 2020-08-31 4:48 pm By Christine Caulfield

The Federal Court has granted a bid by global solar cell manufacturer Hanwha to amend the patent behind its solar technology at the centre of a hotly contested infringement case against three rivals.

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Boehringer scores partial win in challenge to animal vaccine patents
Intellectual Property 2020-08-31 4:45 pm By Alison Eveleigh

German pharmaceutical giant BoehringerĀ has partially succeeded in its opposition to several vaccine patents filed by animal health company Zoetis, used to treat pneumonia in pigs.

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GetSwift directors’ decision not to take stand in ASIC case can’t be held against company, court told
Securities 2020-08-14 11:41 pm By Christine Caulfield

The judge overseeing ASIC’s case against logistics provider GetSwift cannot draw any inferences against the company because directors Bane Hunter and Joel Macdonald did not give evidence at trial, GetSwift’s barrister has said during closing submissions in the case.

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Coverforce shareholder can use docs from Resilium row in new lawsuit
Insurance 2020-08-12 6:23 pm By Alison Eveleigh

The majority shareholder in insurance broker Coverforce has won its bid to use documents from an existing lawsuit over the company’s $25 million acquisition of Suncorp unit Resilium in new proceedings it intends to bring.

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ASIC scores ‘narrow’ win in case against ex-Tennis Australia director
ASIC 2020-07-31 12:43 pm By Miklos Bolza

A judge has handed ASIC a “narrow” win in its action against former Tennis Australia director Harold Mitchell, tossing most of the regulator’s case and accusing it of “confirmatory bias”.

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Judge won’t re-open Love Is In The Air case to hear argument ‘overlooked’ the first time
Intellectual Property 2020-06-25 4:39 pm By Cat Fredenburgh

The judge overseeing a copyright infringement lawsuit against an electronic music duo and Air France over the 1977 disco hit ‘Love Is In The Air’ has denied a request to re-open the case or tweak his reasons for rejecting most claims for damages, saying the plaintiffs’ opportunity to raise an argument they had likely “overlooked” had passed.

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GetSwift drafted correction to misleading ASX announcement, never released it, director says
Trials 2020-06-23 8:55 pm By Miklos Bolza

A former director of GetSwift has given evidence at trial in ASIC’s case against the logistics provider that the company drafted a correction to a misleading ASX announcement about a deal with fruit and milk delivery provider Fruit Box but never released it.

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Trial judge urges common sense in ASIC case against GetSwift
Securities 2020-06-22 4:58 pm By Miklos Bolza

A judge has dismissed a defensive bid by ASIC to amend its case against GetSwift mid-trial, instead calling on “common sense” to be injected into the proceeding as the hearing enters its second week.

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