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Horse vaccine class action gets chance to add sample group member to bring ‘valid’ consumer claim
Class Actions 2019-06-04 9:19 pm By Amelia Birnie

Noting the relevant three-year limitations provision was “quite unusal”, the judge overseeing a consumer class action against horse vaccine manufacturer Zoetis has given the class a chance to add a second applicant to the case, after it was revealed that part of the lead applicant’s claim was out of time. 

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Bayer faces appeals of IP Australia rulings on antiseptic patent
Intellectual Property 2019-06-04 3:24 pm By Miklos Bolza

Veterinary pharmaceutical companies Norbrook Laboratories and Merial have launched twin appeals of two IP Australia decisions allowing Bayer to amend a proposed patent for a treatment for mammary gland infections.

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Botox alternatives likened to ‘iPhone accessories’ as trade mark trial kicks off
Intellectual Property 2019-06-03 11:24 pm By Amelia Birnie

In its opening submissions in a trade mark case brought by Botox maker Allergan, Australian cosmetics brand Self Care compared its used of the word Botox to describe its alternative cosmetic products to the iPhone secondary accessories market, saying its use did not imply an affiliation with the injectable wrinkle treatment’s maker.

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Novartis appeals IP Australia decision invalidating MS drug patent
Intellectual Property 2019-06-03 4:11 pm By Cat Fredenburgh

Novartis has launched an appeal following a ruling by IP Australia that a proposed patent for an oral form of its top-selling multiple sclerosis drug Gilenya is invalid for lack of inventive step.

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Prosecutors take axe to Country Care criminal cartel case
Competition & Consumer Protection 2019-05-21 10:09 pm By Cat Fredenburgh

The Commonwealth Director of Public Prosecutions has pared its criminal cartel case against Country Care Group and two individuals, cutting over 100 charges in an indictment that details two alleged cartel agreements the Australian mobility equipment provider entered into in relation to bids on NSW government tenders.

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Nine settles defamation suit by plastic surgeon over fatal nose job article
Defamation 2019-05-20 1:34 pm By Cat Fredenburgh

Nine Entertainment Company has resolved a defamation lawsuit brought by a prominent Sydney cosmetic surgeon over an article that appeared in the Sydney Morning Herald about the death of a criminal figure during a nose job procedure.

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GSK narrowly defeats ACCC’s case over revised Osteo Gel packaging
Competition & Consumer Protection 2019-05-17 11:44 pm By Cat Fredenburgh

GlaxoSmithKline has defeated claims by the ACCC that revised packaging for its now-discontinued pain killer Osteo Gel misled consumers. The drug maker will face penalties for earlier violations it admitted to, but the court hinted the damages will be nowhere near the $6 million competitor Reckitt Benckiser faced in a similar case.

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ICOS drops second patent dispute over erectile dysfunction drug
Intellectual Property 2019-05-15 12:41 pm By Amelia Birnie

US biotechnology company ICOS has settled a dispute with Australian-based Arrow Pharma over the patents for erectile dysfunction drug Cialis, less than 12 months after a court upheld the validity of the patents in a separate case.

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Novartis patent for oral form of top-selling MS drug obvious, IP Australia says
Intellectual Property 2019-05-13 12:31 pm By Miklos Bolza

A proposed Novartis patent for an oral form of its top-selling multiple sclerosis drug Gilenya is invalid for lack of inventive step, IP Australia has found, but gave the pharmaceutical giant a chance to amend.

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GSK, Pfizer merger won’t cause Nurofen maker any pain, ACCC says
Competition & Consumer Protection 2019-05-09 8:24 pm By Amelia Birnie

The Australian Competition and Consumer Commission has signed off on pharmaceutical giant GlaxoSmithKline’s proposed acquisition of fellow heavyweight Pfizer, a merger which will put pain medications Panadol, Voltaren and Advil all under one roof, with the competition cop saying Nurofen maker Reckitt will still be able to compete.

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