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ACCC strikes out again, loses misuse of market power case against Ramsay Health
Competition & Consumer Protection 2020-03-12 5:38 pm By Miklos Bolza

A court has tossed a case by the ACCC against Ramsay Health Care claiming that the global hospital group misused its market power by pressuring a group of doctors who planned to open their own day clinic.

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City of Melbourne fights damages in parking patent case
Intellectual Property 2020-03-05 12:28 pm By Miklos Bolza

The City of Melbourne has rejected a claim for damages for allegedly infringing a patented parking detection system created by tech firm Vehicle Monitoring Systems, saying it was not aware of the existence of two patents underlying the invention.

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Judge signs off on $2.6M for lead applicants in Johnson & Johnson pelvic mesh class action
Class Actions 2020-03-03 8:40 pm By Alison Eveleigh

A Federal Court judge has awarded combined damages of $2.6 million to the lead applicants in the Johnson & Johnson pelvic mesh class action, following a landmark ruling in November which found that the pharmaceutical giant did not adequately warn of the risks of the implants.

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Judge won’t park patent infringement case over City of Melbourne’s vehicle sensor system
Intellectual Property 2020-01-15 10:47 pm By Christine Caulfield

A data services company has failed to put the brakes on a patent infringement case by tech company Vehicle Monitoring Systems over a system used by the City of Melbourne for timing parked vehicles, despite arguing the case ended with a settlement five years ago.

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High Court to weigh in on patent exhaustion in Seiko ink cartridge spat
Intellectual Property 2020-01-08 5:08 pm By Christine Caulfield

The High Court has granted special leave to cartridge reseller Calidad after the company lost an intellectual property dispute with printer giant Seiko Epson and was hit with a general injunction barring it from further patent infringement.

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Canberra property developers suffer partial loss in GST class actions
Class Actions 2020-01-08 4:59 pm By Miklos Bolza

The property developers behind two Canberra apartment complexes have been dealt a partial loss in two class actions against them, with a judge finding the developers misled the lead applicants about the GST payable on their units but that only some of them were entitled to compensation or restitution.

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GIlbert + Tobin opposes fix to Charif Kazal’s ‘incomprehensible’ lawsuit
Contracts 2019-11-20 2:45 pm By Miklos Bolza

Gilbert + Tobin is seeking to shut down a lawsuit brought by a firm owned by Sydney business owners Charif and Tarek Kazal after the Federal Court gave the company one last chance to fix what a judge called the “simply incomprehensible” pleadings.

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Court blocks Konami’s last-minute defence in damages trial over Aristocrat pokie patent
Intellectual Property 2019-10-17 9:46 pm By Miklos Bolza

Gaming and entertainment giant Konami has lost a bid to amend its defence in a patent case by rival Aristocrat Technologies on the second day of a damages hearing, with the judge finding the changes were contrary to the interests of justice and would require postponing the trial until late next year.

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APRA won’t appeal loss in IOOF case
Financial Services 2019-10-17 5:08 pm By Cat Fredenburgh

The Australian Prudential Regulation Authority will not challenge a Federal Court ruling that dismissed its case against fund manager IOOF as “unpersuasive”, “fundamentally inadequate” and “tenuous in the extreme”.

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Aristocrat goes ‘too far’: Konami tells court pokie patent damages should be proportional
Intellectual Property 2019-10-14 10:01 pm By Miklos Bolza

Aristocrat Technology has gone “too far” in seeking full profits from the sale of Konami Australia’s infringing pokie machines, with Konami arguing the court should calculate damages in relation to what proportion of its machines were created using components that infringe the gaming giant’s patent.

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