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Hytera can’t ‘repackage’ deputy director as lay witness to avoid evidence rules on relevance
Intellectual Property 2020-08-06 3:39 pm By Miklos Bolza

A judge has found that Hytera Communications cannot “repackage” evidence given by one of its deputy directors to avoid rules about opinion evidence while defending a copyright infringement case by Motorola Solutions.

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High Court awards businessman $27M over Securency ‘shabby fraud’
Appeals 2020-08-05 5:26 pm By Miklos Bolza

The High Court has awarded $27 million in unpaid commissions to a Nigerian entrepreneur tricked into terminating his contract with international bank note manufacturer Securency, reversing a Full Court judgment which slashed his award.

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Sandoz wins appeal of $26.3M infringement ruling in IP battle over Lexapro
Intellectual Property 2020-08-04 3:05 pm By Miklos Bolza

Generic drug maker Sandoz has successfully appealed a $26.3 million judgment finding it infringed a patent owned by rival H Lundbeck relating to the top-selling antidepressant Lexapro.

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Gilbert + Tobin faces appeal by Sydney businessman Charif Kazal
Appeals 2020-08-03 1:09 pm By Cat Fredenburgh

Sydney businessmen Charif and Tarek Kazal have appealed a ruling that found their claims against Gilbert + Tobin over an alleged dishonest scheme to rob them of a 50 per cent stake in a lucrative Sydney waste facility were “fundamentally incoherent”.

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ACCC loses appeal in TPG ‘prepayment’ case
Competition & Consumer Protection 2020-07-30 3:13 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has come up short in its challenge to a ruling that dismissed its case against TPG over contract terms that allowed the internet provider to keep customers’ unused prepaid funds on phone or internet plans.

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Tile maker Ceramiche wins trade mark fight with Caesarstone after ‘honest use’ ruling
Intellectual Property 2020-07-29 3:28 pm By Christine Caulfield

Tile maker Ceramiche Caesar has prevailed in its challenge to a judge’s ruling allowing building products manufacturer Caesarstone to register two trade marks despite a finding that they were deceptively similar to one of its marks.

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Lawyer loses sexual harassment appeal after urging court to just think of him as ‘Mr Darcy’
Employment 2020-07-27 11:07 pm By Christine Caulfield

A lawyer who argued his conduct towards a paralegal was not sexual harassment but a display of ardent affection akin to ‘Mr Darcy’ in ‘Pride and Prejudice’ has lost his appeal of a $170,000 judgment against him, with the Full Federal Court saying the case was “as far from a Jane Austen novel as it is possible to be”.

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Funder behind Fair Work class actions a ‘litigation bounty hunter’, Full Court hears
Employment 2020-07-27 9:13 pm By Miklos Bolza

Facing accusations of being a “litigation bounty hunter”, litigation funder Augusta Ventures has made its bid before the Full Federal Court to overturn a landmark ruling which put it on the hook for $3.1 million in security in two Fair Work class actions.

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Norbrook appeals approval of Bayer’s animal antiseptic patent
Appeals 2020-07-24 10:45 pm By Cat Fredenburgh

Veterinary pharmaceutical company Norbrook Laboratories has filed court proceedings after a delegate of IP Australia tossed its opposition to a patent by Bayer New Zealand for a bovine antiseptic treatment.

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James Cook University wins appeal of $1.2M judgment for sacked climate-skeptic professor
Appeals 2020-07-22 11:10 pm By Christine Caulfield

An appeals court has sided with James Cook University in its appeal of a ruling awarding $1.2 million to sacked climate skeptic professor Peter Ridd, saying the academic’s right to express unpopular views was “necessarily constrained”.

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