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Otsuka ‘deliberately’ withheld information from court, Generic Health claims
Intellectual Property 2019-09-17 9:30 pm By Miklos Bolza

Pharmaceutical company Generic Health has told the Federal Court that, on advice from their solicitors, Otsuka and Bristol-Myers Squibb “deliberately” chose not to disclose their reasons for an admission in a long-running patent case over the anti-psychotic drug Abilify, which they are now seeking to withdraw.

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‘Must be April Fool’s day’: judge slams 120 common questions ‘joke’ in botched breast implant class action
Class Actions 2019-09-13 8:05 pm By Amelia Birnie

The judge overseeing a class action against The Cosmetic Institute over allegedly botched breast enhancement surgery has queried whether the plaintiffs were playing an “April Fool’s joke” after they proposed a list of 120 common questions for determination.

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Judge ‘flummoxed’ about why 200 pelvic mesh cases are not a class action
Product Liability 2019-09-12 1:20 pm By Miklos Bolza

A Federal Court judge has expressed disbelief that hundreds of lawsuits are being pursued over allegedly defective  pelvic mesh, saying he was “absolutely flummoxed” as to why the law firm leading them hadn’t considered filing a class action.

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Otsuka changes tack in Abilify patent case after landmark Wyeth ruling
Intellectual Property 2019-09-11 8:49 pm By Miklos Bolza

Otsuka Pharmaceuticals and Bristol Myers-Squibb are seeking to withdraw admissions in patent litigation against Generic Health over anti-psychotic drug Abilify, following a landmark ruling last year against Wyeth that clarified the issue of compensation under the usual undertaking for damages in pharmaceutical patent cases.

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Estia Health seeks to strike out ‘defective’ class action pleadings
Class Actions 2019-09-05 9:24 pm By Miklos Bolza

Aged care provider Estia Health has launched a bid to strike out the pleadings in a Phi Finney McDonald-led shareholder class action, accusing the law firm of making “speculative allegations” in the hope of strengthening its case later on.

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Zoetis loses challenge over security for costs in horse vaccine class action
Class Actions 2019-09-03 2:57 pm By Cat Fredenburgh

The Full Federal Court has shot down a challenge to a ruling denying horse vaccine maker Zoetis’ application for security for costs in an unfunded class action brought on behalf of horse owners alleging the company failed to warn about the potential side effects of the Hendra virus vaccine.

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ACCC says Medibank misled consumers about policy benefits
Insurance 2019-09-03 10:45 am By Christine Caulfield

The Australian Competition and Consumer Commission has taken private health insurer Medibank to court for falsely telling consumers they were not eligible for certain coverage under their insurance policies, with over 800 policy holders denied coverage for joint investigation or reconstruction procedures.

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Merck wins docs from Wyeth ahead of hearing on reopening Prevnar 13 trial
Intellectual Property 2019-08-30 10:51 pm By Cat Fredenburgh

Merck Sharp & Dohme has emerged victorious in a battle over documents with Wyeth, as the parties gear up for a hearing on Wyeth’s request to reopen a trial over three patents for its Prevnar 13 pneumococcal vaccine.

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Cryosite wins $1M settlement over legal advice behind gun-jumping case
Competition & Consumer Protection 2019-08-28 7:11 pm By Amelia Birnie

Biotech company Cryosite has agreed to a $1 million settlement for losses resulting from legal advice received in relation to a merger agreement that left the company facing $1.05 million in penalties for engaging in cartel conduct.

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Pfizer claims Juno infringing patent for post-op painkiller
Intellectual Property 2019-08-27 10:58 pm By Cat Fredenburgh

Two units of US pharmaceutical giant Pfizer have filed a lawsuit seeking damages from Juno Pharmaceuticals for allegedly infringing the patent for post-operative pain drug Dynastat.

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