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Judges have the power to issue common fund orders, appeals courts rule
Class Actions 2019-03-01 8:59 pm By Miklos Bolza

Common fund orders in class actions are legal and not unconstitutional, six judges found Friday after a history-making joint sitting of two appeals courts.

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Wavetrain drops bid to block Next Generation from talking about its IP
Intellectual Property 2019-02-25 2:24 pm By Cat Fredenburgh

Railway technology company Wavetrain Systems has dropped its bid for a court order barring a  competitor started by its former CEO from making allegedly false claims about its patented rail safety devices to clients.

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Judge slams Fuchs evidence as ‘absolute garbage’ in spat over privileged docs
Intellectual Property 2019-02-13 10:09 pm By Miklos Bolza

A judge has panned evidence put on by Fuchs Lubricants in a patent dispute with Quaker Chemical as “woefully inadequate” and “absolutely garbage”, partially shooting down the firm’s attempt to block discovery of allegedly privileged documents.

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Wavetrain wants court muzzle on competitor’s bad-mouthing over IP
Intellectual Property 2019-02-11 6:58 pm By Miklos Bolza

Railway technology company Wavetrain Systems has asked the court to bar a competitor started by its former CEO from making allegedly false claims about its patented rail safety devices to clients.

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Common fund orders fulfil class action promise, lawyers tell historic appeals court
Appeals 2019-02-05 10:50 pm By Miklos Bolza

Common fund orders are the completion of the notion of class actions envisaged when the regime was introduced 27 years ago, a joint-sitting of two appeals courts was told on the second and last day of a landmark challenge to what has become an oft-used case management tool by trial judges.

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Common fund orders in class actions either ‘premature’ or ‘pointless’, joint appeals court told
Appeals 2019-02-04 8:39 pm By Miklos Bolza

An appeal before a historic joint sitting of two courts over so-called common fund orders in class actions kicked off Monday with a full bench of six judges and a packed courtroom hearing arguments by eminent barristers for BMW and Westpac that the orders are either preemptive or pointless.

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Teva sues Pharmacor over Parkinson’s drug patent
Intellectual Property 2019-01-24 9:18 pm By Cat Fredenburgh

Teva has taken generic drug maker Pharmacor to court for allegedly threatening to infringe its patent for a Parkinson’s drug.

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Atomic coffee machine distributor roasted in appeal of trade mark decision
Intellectual Property 2019-01-15 8:30 pm By Christine Caulfield

The Australian distributor of Atomic coffee machines has lost a Federal Court appeal of an IP Australia decision allowing the registration of the Atomic trade mark by a South Perth cafe, with a judge slamming her evidence on the stand as untruthful.

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In defeat for IP Australia, Rokt wins patent for computer software
Intellectual Property 2018-12-12 2:28 pm By Cat Fredenburgh

Rokt has won its bid to patent a digital advertising system, the first major court victory in one of three challenges to IP Australia’s stance on the patentability of computer software.

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Domino’s, Precision Tracking lay down swords in battle over GPS patents
Intellectual Property 2018-10-22 11:57 am By Cat Fredenburgh

Domino’s Pizza and Precision Tracking have reached a settlement on the eve of trial in a hard-fought battle by the US pizza giant to invalidate two of the Australian tech startup’s patents covering a GPS system that helps customers locate delivery drivers in real-time.

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