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Seiko wins general injunction against Calidad in ink cartridge patent case
Intellectual Property 2019-09-27 11:11 pm By Christine Caulfield

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.

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Octaviar liquidators get court OK to reject proofs of $900M in debt by subsidiaries
Restructuring & Insolvency 2019-09-24 9:18 pm By Christine Caulfield

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.

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Ariosa secures leave to appeal Sequenom win over patent for prenatal test
Intellectual Property 2019-09-23 1:00 pm By Christine Caulfield

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.

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Otsuka ‘deliberately’ withheld information from court, Generic Health claims
Intellectual Property 2019-09-17 9:30 pm By Miklos Bolza

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.

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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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ASIC drops market manipulation appeal against NAB contractor Whitebox
Securities 2019-08-12 3:36 pm By Amelia Birnie

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.

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Cartridge reseller must prove it’s ‘good for the money’ as landmark patent case goes to High Court
Intellectual Property 2019-08-09 8:35 pm By Miklos Bolza

Ink cartridge reseller Calidad has been ordered to show evidence of its finances in support of its application to stay a Full Court judgment while it waits for the outcome of its special leave application to the High Court in a landmark patent infringement dispute with printer giant Seiko Epson.

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Pitcher Partners can’t escape $5.6M judgment over concealed accounting botch job
Appeals 2019-07-23 1:23 pm By Christine Caulfield

Pitcher Partners has lost it challenge to a ruling socking it with a $5.6 million bill for an accounting error concealed from client Neville’s Bus Service, with an appeals court saying there was a “clear and principled basis” to require the accounting firm to pay the sum awarded for loss and damage to the transport company.

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Law firms can push on with separate class actions against CBA under cooperation deal
Class Actions 2019-07-10 8:33 pm By Amelia Birnie

Rival law firms Maurice Blackburn and Phi Finney McDonald will be allowed to work together without consolidating their separate shareholder class actions against the Commonwealth Bank of Australia, after a judge ruled that the bank had overstated the potential for extra costs and delays.

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Full Court hands Seiko a win in ink cartridge patent dispute
Intellectual Property 2019-07-05 5:15 pm By Miklos Bolza

Printer giant Seiko Epson has won its cross-appeal against cartridge reseller Calidad in a Full Federal Court decision that further clarifies the extent to which patentees can prevent those acquiring a patent’s title from repurposing or manipulating the original product.

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