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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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Deep sleep therapy case re-awakened as Full Court grants appeal
Defamation 2022-04-29 10:19 am By Cindy Cameronne

Two psychiatrists who administered the controversial deep sleep therapy at the Chelmsford Private Hospital in the 1970s have won a Full Federal Court appeal in their defamation cases against publisher HarperCollins, with one of the cases being sent back for a re-trial.

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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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Plastic surgeon wins $450,000 in defamation case over fake review by rival
Defamation 2022-04-21 10:55 pm By Christine Caulfield

A Gold Coast cosmetic surgeon has won his defamation case against a competitor who posted a phony online review, with a judge ordering damages of more than $450,000.

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