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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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Ex-CEO sues live cattle exporter following ‘hostile’ and ‘demeaning’ dismissal
Employment 2019-09-11 3:59 pm By Amelia Birnie

Live cattle exporter Wellard Ltd has been hit with an unlawful dismissal claim for more than $400,000 by its ex-CEO, who claims he was sacked for asking about the company’s troubling financial position and complaining about the chairman’s “hostile”, “demeaning” and “threatening” behaviour towards him.

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Vietnamese mining firm drops $132M arbitration award dispute with WorleyParsons unit
Arbitration 2019-09-11 1:35 pm By Miklos Bolza

The operator of a Vietnamese mine has dropped its Federal Court proceedings against WorleyParsons subsidiary Jacobs E&C over the enforcement of a $132 million arbitration award.

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Consumer watchdog continues NBN marketing crackdown with fines against BVivid
Competition & Consumer Protection 2019-09-10 9:12 pm By Amelia Birnie

BVivid has become the latest telco to cop penalties from the consumer watchdog over National Broadband Network marketing, after it admitted to cold-calling consumers and telling them they would be disconnected if they did not immediately switch over.

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ASIC to challenge ‘uncertainty’ of Westpac responsible lending decision
Appeals 2019-09-10 9:07 pm By Amelia Birnie

The Australian Securities and Investments Commission has filed an appeal against the Federal Court’s responsible lending ruling in favour of Westpac, arguing the decision had created uncertainty around the obligations of credit providers.

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Aldi’s lack of booze rep dooms opposition to ‘Alby’ craft beer trade mark
Intellectual Property 2019-09-10 5:22 pm By Miklos Bolza

Aldi has failed in its attempt to block applications for three ‘Alby’ trade marks filed by a Western Australian craft brewery, thanks to the supermarket chain’s lack of reputation for selling beer in Australia.

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Corporate cop looks to bolster Rio Tinto case with US evidence from PwC witness
Energy & Natural Resources 2019-09-10 4:38 pm By Miklos Bolza

The Australian Securities and Investments Commission is seeking evidence from US proceedings in its case against Rio Tinto alleging the mining giant misled shareholders about a Mozambique mining company purchased for US$4.2 billion.

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ACCC’s decision to block Vodafone, TPG merger ‘chock full of speculation’, court hears
Competition & Consumer Protection 2019-09-10 2:13 pm By Christine Caulfield

The competition regulator’s opposition to the proposed $15 billion merger of telecommunications companies Vodafone and TPG was based on “mere possibilities” and was “chock full of speculation”, the Federal Court heard Tuesday.

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Property developer Ralan Group faces potential class action over collapse
Class Actions 2019-09-09 10:17 pm By Christine Caulfield

William Roberts Lawyers and a litigation funder are investigating potential claims by property purchasers and investors against Ralan Group after the developer entered administration and creditors were warned to “prepare for a poor outcome”.

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Judge hands win to Starcom liquidator over insolvent trading period
Restructuring & Insolvency 2019-09-09 8:40 pm By Miklos Bolza

Two former directors of collapsed business and IT solutions provider Starcom Group have failed in their attempt to toss a referee’s report that found the company was insolvent 22 months before it was wound up.

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