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NAB units admit to deceptive conduct in $34M fees for no service case
Financial Services 2018-12-05 10:35 pm By Miklos Bolza

Two NAB wealth management units have admitted to engaging in misleading and deceptive conduct by deducting $34.4 million in fees for services that were never provided.

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ACCC takes internet provider Activ8me to court for false advertising
Competition & Consumer Protection 2018-12-05 1:42 pm By Christine Caulfield

Internet provider Activ8me is in hot water with the consumer regulator for a second time this year, facing court action over allegedly false and misleading claims about the cost, speed and data limits of its internet packages.

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B. Braun launches appeal in IV catheter patent case
Intellectual Property 2018-12-05 12:23 pm By Christine Caulfield

Medical device maker B. Braun Melsungen is appealing a ruling that invalidated its intravenous catheter patents and dismissed allegations of infringement against rival Becton Dickinson.

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Trade mark reputation not a factor in deceptively similar cases: Full Court
Intellectual Property 2018-12-04 8:43 pm By Miklos Bolza

A judge applied the “wrong test” when he considered the reputation of a trade mark in an infringement case alleging the marks of rival meat processors were deceptively similar, a Full Federal Court has found.

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Wyeth slams Merck Sharp & Dohme’s ‘baseless’ invalidity claim in vaccine trial
Intellectual Property 2018-12-04 3:44 pm By Miklos Bolza

Pharmaceutical giant Wyeth has accused Merck Sharp & Dohme of a “baseless” patent invalidity case, saying on the second day of trial over the world’s best selling vaccine that the development of its patented Prevnar 13 pneumococcal shot was anything but obvious, as its rival contends.

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ACCC takes TPG to court over $20 plan ‘prepayment’
Competition & Consumer Protection 2018-12-04 2:07 pm By Cat Fredenburgh

Telecommunications provider TPG Internet is facing allegations from the ACCC that it violated the consumer law by charging customers a $20 “prepayment” to cover costs for services not included in their plans.

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CBA open to consolidation of dual class actions
Class Actions 2018-12-04 12:11 pm By Miklos Bolza

The Commonwealth Bank of Australia is open to a proposal to consolidate two shareholder class actions filed over alleged breaches of anti-money laundering and counter-terrorism laws, but will address any “devil in the details”, a lawyer for the bank told a court Tuesday.

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In tossing Made In Australia case, court clarifies ‘substantial transformation’ test
Competition & Consumer Protection 2018-12-03 8:49 pm By Miklos Bolza

A court has ruled that Chinese vitamin company Nature’s Care cannot sell its imported fish oil and vitamin D with the ‘Made in Australia’ logo because the product fails to meet the required country-of-origin labelling provisions.

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Merck Sharp & Dohme attacks Wyeth’s ‘broad’ patent claims for Prevnar 13 vaccine
Intellectual Property 2018-12-03 8:24 pm By Miklos Bolza

A showdown between global pharmaceutical giants over the world’s best selling vaccine began Monday in Federal Court, with Merck Sharp & Dohme claiming three patents for Prevnar 13 sold by Pfizer’s Wyeth are invalid and that its own vaccine offers greater protection against pneumococcal bacteria.

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Landmark to pay $1M in ACCC case over barley claims
Competition & Consumer Protection 2018-12-03 1:48 pm By Christine Caulfield

Grain supplier Seednet has agreed to pay $1 million to settle an enforcement action by the consumer watchdog alleging it misled farmers about the performance of its latest barley variety.

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