Motorola has urged the Full Federal Court to uphold a decision dismissing an amended defence by Chinese rival Hytera Communications that sought to blame the US tech company for not alerting it to the alleged theft of its source code sooner, saying a similar argument had already failed in an ongoing trade secrets case in the US.
The Australian Competition and Consumer Commission is seeking a stay of an appeal by PT Garuda Indonesia while the airline’s $19 million fine May for engaging in cartel conduct remains unpaid.
Italian coffee manufacturer Lavazza has hit back against an infringement case brought by Australian rival Vittoria over two Oro trade marks, saying Vittoria’s rights over the marks should be revoked and claiming four decades of prior continuous use of its own unregistered mark.
The liquidator of a subsidiary of collapsed Ambient Advertising has launched legal proceedings against the company’s director after getting the all-clear from the Federal Court to enter into an agreement with a litigation funder that will take 45 per cent of the proceeds.
Imposing an injunction in general form against a patent infringer is not an undue burden in and of itself, the Full Federal Court has ruled in siding with printer giant Seiko Epson in its ongoing intellectual property fight with cartridge reseller Calidad.
The liquidators of failed Gold Coast investment group Octaviar have been given the thumbs up to reject over $900 million in proofs of debt from two of the firm’s subsidiaries after the Queensland Supreme Court ruled they had received competent legal advice on the matter and were justified in the rejections.
US prenatal genetic test maker Ariosa Diagnostics has won its bid to appeal a ruling that its Harmony test infringed a patent owned by rival Sequenom.
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.
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.
ASIC has abandoned its market manipulation case against National Australia Bank contractor Whitebox Trading, just over a month after the financial regulator decided to appeal the Federal Court’s primary decision to throw out their case.