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High Court to hear Botox trade mark appeal
Intellectual Property 2022-05-18 3:42 pm By Cat Fredenburgh

The High Court has granted special leave to a cosmetic company to challenge a judgment finding it infringed Botox maker Allergan’s trade marks by marketing its topical creams as Botox alternatives.

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Pelvic mesh class actions nearing settlement, court told
Class Actions 2022-04-28 4:45 pm By Cindy Cameronne

Settlement talks in three class actions on behalf of women injured by allegedly defective pelvic mesh products have progressed “substantially”, a court has heard.

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High Court to hear CoreLogic appeal over copyright for real estate pics
Intellectual Property 2022-04-20 11:31 pm By Cat Fredenburgh

The High Court has agreed to weigh in on whether property data analytics firm CoreLogic infringed a real estate photographer’s copyright by uploading images from realestate.com.au to its platform.

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J&J won’t contest follow-on pelvic mesh class action
Product Liability 2022-04-04 5:15 pm By Cat Fredenburgh

An additional 1,200 women who were implanted with defective pelvic mesh devices will be eligible for compensation after Johnson & Johnson unit Ethicon agreed that findings in an earlier class action which it unsuccessfully fought all the way to the High Court should apply to a follow-on class action.

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ACCC says agreement to settle Revlimid patent suit could violate cartel laws
Intellectual Property 2022-03-23 2:53 pm By Cat Fredenburgh

The ACCC has refused to authorise a patent settlement and license agreement between Bristol-Myers Squibb unit Celgene and two generic drug makers who sued to invalidate the patents for its blockbuster cancer drug Revlimid, saying it could distort competition between generic drug makers.

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High Court finds Sandoz infringed Lundbeck’s Lexapro patent
High Court 2022-03-09 4:40 pm By Miklos Bolza

The High Court has found that Novartis unit Sandoz infringed Danish drug company Lundbeck’s patent for its blockbuster antidepressant Lexapro, but has overturned a ruling that found the generic drug maker owes $26.3 million in damages.

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Firstmac slams Zip Pay provider’s defences in fight over ‘Zip’ trade mark
Intellectual Property 2022-03-08 11:30 pm By Cat Fredenburgh

Buy now, pay later giant Zip Co cannot rely on its infringing use of the ‘Zip’ trade mark to defend a lawsuit by the mark’s owner Firstmac, the mortgage provider’s barrister told a judge on the first day of trial in the high-stakes intellectual property dispute.

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Energy Beverages tries to revive ‘Mother’ trade marks
Appeals 2022-03-08 3:41 pm By Cat Fredenburgh

The maker of Mother brand energy drinks has filed an appeal challenging a judge’s decision to remove two of its registered ‘Mother’ trade marks for non-use.

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Settlement talks in Astora pelvic mesh class action ‘well advanced’
Product Liability 2022-03-03 9:57 pm By Miklos Bolza

Settlement talks in a class action brought by Shine Lawyers against Astora Women’s Health on behalf of women injured by allegedly defective pelvic mesh products are “well advanced”, while mediation in two similar actions is ongoing, a court has heard.

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Abandoned IVF clinic merger no win for ACCC, judge says
Competition & Consumer Protection 2022-03-01 4:54 pm By Christine Caulfield

The ACCC got what it wanted when IVF providers Virtus Health and Healius terminated a proposed $45 million merger, but it wasn’t a win, a judge has said in mostly denying the regulator’s bid to recover the costs of its court challenge to the deal.

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