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In victory for class action, judge says bad breast implant claims can advance
Class Actions 2022-05-20 10:45 pm By Cat Fredenburgh

The applicants in a class action against The Cosmetic Institute and twelve doctors over allegedly “incompetent” breast augmentation surgery have won court approval to expand their case to allege misleading and deceptive conduct and breaches of the consumer guarantees in the Australian Consumer Law.

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Mesoblast hit with shareholder class action over stem cell treatment
Class Actions 2022-05-19 4:16 pm By Sam Matthews

Regenerative medicine company Mesoblast is facing another class action over claims it misled shareholders about the potential application of a developmental stem cell product to treat terminally ill children.

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Full Court shoots down Boehringer opposition to Merck Sharp & Dohme’s parasite patent
Intellectual Property 2022-05-19 3:38 pm By Cat Fredenburgh

The Full Federal Court has rejected German drug maker Boehringer Ingelheim’s appeal of ruling that shot down its opposition to Merck Sharp & Dohme’s patent application for an injectable anti-parasite drug for livestock.

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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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Court accepts Ramsay Health in-house counsel ‘drowning in work’ during COVID-19
Legal Ethics 2022-05-11 9:00 pm By Sam Matthews

Ramsay Health Care Australia has been let off the hook for using emails subpoenaed in a defamation case between two feuding surgeons at one of its hospitals, with a judge accepting that an in-house lawyer was “mortified” by her mistake and was “drowning in work” at the time.

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Pfizer sues drug companies over Enbrel biosimilar
Intellectual Property 2022-05-10 11:38 pm By Cat Fredenburgh

Pharmaceutical giant Pfizer has fired off a lawsuit against four drug companies for allegedly infringing one of its patents for biologic Enbrel by selling a biosimilar of the blockbuster arthritis drug in Australia.

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Bayer drops challenge over patent extension for contraceptive drug
Intellectual Property 2022-05-09 1:13 pm By Cat Fredenburgh

Bayer has dropped its appeal to a ruling that quashed an extension for its patent covering an oral contraceptive, after the Full Court dealt drug makers a blow in two separate cases on how patent term extensions should be calculated.

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Seeing red: Priceline can’t trade mark signature pink
Intellectual Property 2022-05-06 11:03 pm By Cat Fredenburgh

Discount pharmacy Priceline cannot trade mark the signature bright pink that adorns it shopfront signs and awnings, an IP Australia delegate has found.

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More clinics to be pulled into Monash IVF class action over embryo destruction
Class Actions 2022-05-04 8:46 pm By Sam Matthews

Six more fertility clinics in states across the country are set to be pulled into a class action against Monash IVF on behalf of hundreds of men and women demanding damages for the alleged destruction of potentially viable embryos.

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Philips defends class action, says sleep devices weren’t defective when sold
Product Liability 2022-05-03 10:30 pm By Cat Fredenburgh

Philips Electronics has hit back at a class action over recalled sleep apnea machines that contained a foam component that could allegedly degrade and cause consumers to inhale dangerous chemicals, saying the devices were not defective when they were sold.

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