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Ford scores partial win in class action appeal over defective PowerShift transmissions
Class Actions 2023-11-14 1:41 pm By Cat Fredenburgh

US car giant Ford has partially succeeded in its challenge to a judgment that found it owed more than $6,800 to the lead applicant in a class action over defective PowerShift transmissions, but the High Court may ultimately decide how damages should be calculated under the Australian Consumer Law for reduction in value.

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Samsung Bioepis takes aim at patents for eye disease biosimilar
Intellectual Property 2023-11-09 11:23 pm By Cat Fredenburgh

South Korean biosimilars company Samsung Bioepis has sued to invalidate two patents held by a German competitor for a pre-filled syringe to treat age-related eye diseases, as generic drug makers race for a piece of the lucrative eye drug market.

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Meta loses bid to put ACCC’s crypto ad case on ice
Competition & Consumer Protection 2023-10-25 10:59 pm By Cat Fredenburgh

A judge has rejected Facebook owner Meta’s request to pause a case  by the Australian Competition and Consumer Commission over scam cryptocurrency ads until a private criminal action by mining magnate Andrew Forrest is decided.

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Cantarella loses ‘Oro’ mark on Vittoria coffee in spat with Lavazza
Intellectual Property 2023-10-20 3:11 pm By Cindy Cameronne

Vittoria’s Cantarella Bros has lost its long-running trade mark stoush with Italian rival Lavazza after a judge found the coffee manufacturer’s two registered ‘Oro’ marks should be cancelled because the word was previously used by another coffee supplier. 

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SARB wins stay in patent dispute over Melbourne’s parking system
Intellectual Property 2023-10-18 3:46 pm By Cindy Cameronne

Tech company SARB has won a stay of orders barring it from selling its sensor-based system which the city of Melbourne uses for timing parked vehicles, after a judge found it infringed rival Vehicle Management Systems’ patent.

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Judge dismisses Sanofi’s concerns about Amgen hot tub gang-up
Intellectual Property 2023-09-28 11:31 am By Sam Matthews

Sanofi has lost its bid to limit evidence from experts for Amgen in a patent dispute over a cholesterol-lowering antibody, with a judge dismissing concerns about Amgen having a majority of experts giving concurrent evidence. In an application filed at the beginning of the month, the French pharmaceutical company sought to bar Amgen from relying…

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‘More is more’ approach to pleadings an increasing problem, lawyers say
Analysis 2023-07-05 11:28 pm By Cindy Cameronne

A Federal Court judge who recently ordered new pleadings in a copyright case against CoreLogic is the latest judge fed up with plaintiffs pleading innumerable alternatives that waste court resources, add to the length of trials and extend the wait time for judgments.

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Lundbeck’s decade-long damages bid against Sandoz stayed despite High Court win
Intellectual Property 2023-07-04 11:39 pm By Cindy Cameronne

Novartis unit Sandoz has won its bid to stay a case by rival Lundbeck, including orders for damages previously calculated at $26.3 million and counting, despite having succeeded at the High Court in a dispute over its patent for blockbuster antidepressant Lexapro.

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Out with ‘including’ and ‘such as’: Judge rips into pleading in Corelogic data scraping case
Intellectual Property 2023-06-28 9:14 pm By Cindy Cameronne

A judge has rejected an amended copyright case against US-based analytics company CoreLogic, expressing his displeasure at the use of imprecise phrases like ‘including’ and “such as’ in the revised pleading.

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ASIC’s power to order fines for Credit Code violations won’t face challenge
Financial Services 2023-06-27 11:54 pm By Cindy Cameronne

Queensland lender SunshineLoans has lost its second bid for the Full Court to decide whether ASIC has the power to bring civil penalty proceedings for violations of the Credit Code, with a judge finding its arguments were not strong enough to vacate an upcoming trial.

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