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In win for Abbey Labs, Elanco’s animal drug patent thrown out for lack of invention
Intellectual Property 2021-07-29 10:16 am By Miklos Bolza

IP Australia has refused to register a patent acquired by Elanco Australasia from Bayer covering a lice treatment, after amendments failed to address findings that the patent lacked an inventive step.

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Lorna Jane hit with $5M penalty for misleading COVID-19 activewear claims
COVID-19 2021-07-23 2:43 pm By Cat Fredenburgh

A judge has hit women’s activewear company Lorna Jane with a $5 million penalty for representing to consumers during the height of the coronavirus crisis last year that its activewear would protect them from viruses including COVID-19.

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After GetSwift, judge could not hear split trial in Revlimid patent case, court told
Intellectual Property 2021-07-20 8:39 pm By Christine Caulfield

A proposal by Bristol-Myers Squibb-owned Celgene to split a second trial into two more hearings in a dispute over patents covering the pharmaceutical maker’s top selling cancer drug Revlimid would result in wasted costs, wasted time and require a second judge, a court has been told.

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Law firms resolve multiplicity issue in Boston Scientific pelvic mesh class actions
Class Actions 2021-07-20 5:23 pm By Miklos Bolza

A Sydney law firm that brought a class action against Boston Scientific over allegedly defective pelvic mesh products has agreed to stay its case while a class action by Shine Lawyers moves ahead.

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Bristol-Myers Squibb accused of misusing market power with cancer treatment program
Competition & Consumer Protection 2021-07-19 2:55 pm By Miklos Bolza

Merck Sharp & Dohme has filed a lawsuit accusing rival drug company Bristol-Myers Squibb of misusing its market power by restricting access to a treatment program for stage IV melanoma patients.

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Apotex sued by former managing director over unpaid bonuses, leave
Employment 2021-07-19 1:37 pm By Miklos Bolza

A former managing director of global drug giant Apotex is suing his old employer over $226,000 in bonuses and $175,000 in leave he claims were not paid when he was made redundant in September 2019.

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Witness who won’t undergo quarantine can testify by video link in ex-Quintis boss’ trial
ASIC 2021-07-16 4:36 pm By Cat Fredenburgh

A judge has allowed a key US-based witness in ASIC’s case against former Quintis director Frank Wilson who will not submit to 14 days in hotel quarantine to give evidence by video link.

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Class action members having ‘second thoughts’ after payments from Monash IVF, court told
Class Actions 2021-07-14 3:38 pm By Miklos Bolza

Monash IVF patients who accuse the company of destroying viable embryos are having “second thoughts” after accepting payment offers by the fertility clinic and signing away their rights to participate in a class action, a Victoria Supreme Court judge has heard.

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Negligence claims in COVID-19 class actions should be axed, aged care providers tell court
COVID-19 2021-07-13 7:34 pm By Cindy Cameronne

Two Melbourne-based aged care providers want negligence claims that are unrelated to COVID-19 removed from class actions over their handling of the pandemic, in a move that may exclude a “very large number” of group members from the proceedings.

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ACCC frowns on Smile Direct’s health care coverage claims
Johnson Winter Slattery 2021-07-13 1:25 pm By Bianca Hrovat

The Australian Competition and Consumer Commission has taken legal action against international dental care company Smile Direct Club for allegedly misleading tens of thousands of consumers with claims they would be eligible for private health insurance coverage for their aligner teeth straighteners.

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