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Judge says MIS regulation ‘doesn’t work’ with class action regime
Class Actions 2021-09-13 11:23 pm By Cindy Cameronne

A Federal Court judge has taken a swipe at new regulations that require class action funding arrangements to be registered as managed investment schemes, saying it was difficult to reconcile the new rules with the class action regime.

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Halifax investors file Full Court appeal to boost recovery
Restructuring & Insolvency 2021-09-13 1:50 pm By Christine Caulfield

Approximately 1,000 investors of collapsed stockbroker Halifax Investment Services have challenged a court decision concerning the date of the realisation of their investments which decreased the amounts they could recoup from the company’s liquidation.

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Shareholders fail to prove loss from Babcock & Brown disclosure breaches
Financial Services 2021-09-06 11:49 am By Christine Caulfield

Shareholders of the collapsed Babcock & Brown have failed in their challenge to a ruling tossing their cases for damages for disclosure breaches during the global financial crisis, with an appeals court finding the investors had not shown the breaches caused any loss.

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Commissioner of Patents challenges landmark ruling on artificial intelligence
Appeals 2021-08-30 1:47 pm By Cat Fredenburgh

The Commissioner of Patents has appealed a landmark judgment that found artificial intelligence can be named an inventor on a patent application.

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Court throws out Merck Sharp & Dohme’s Januvia patent extension
Intellectual Property 2021-08-12 2:29 pm By Miklos Bolza

The Federal Court has dealt US drug giant Merck Sharp & Dohme a devastating blow, overturning an “untenable” patent term extension which would have protected the monopoly of its multibillion-dollar Januvia and Janumet diabetes drugs beyond July 2o22.

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Recovery concerns flagged in CBA class action
Class Actions 2021-08-12 2:48 pm By Cindy Cameronne

The applicant in a class action on behalf of hundreds of thousands of Colonial First State Investments customers has raised concerns about whether he can recover compensation from a CBA life insurance unit that was recently sold to a competitor.

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‘Why cannot our own creations also create?’: AI can be inventor on patent, court finds
Intellectual Property 2021-07-30 12:39 pm By Cat Fredenburgh

A judge has found artificial intelligence can be named as the inventor on a patent application, setting aside an IP Australia finding that allowing a machine to be considered an inventor would render the Patents Act incapable of “sensible operation”.

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CBA class action applicant can’t share in group members’ privilege, court finds
Class Actions 2021-07-27 6:10 pm By Miklos Bolza

The lead applicant in a class action against CBA does not have the right to view fund management documents relevant to the case despite representing group members who share joint privilege with the bank over material, a judge has said, acknowledging the decision could create difficulties in class action proceedings.

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After GetSwift, judge could not hear split trial in Revlimid patent case, court told
Intellectual Property 2021-07-20 8:39 pm By Christine Caulfield

A proposal by Bristol-Myers Squibb-owned Celgene to split a second trial into two more hearings in a dispute over patents covering the pharmaceutical maker’s top selling cancer drug Revlimid would result in wasted costs, wasted time and require a second judge, a court has been told.

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IP Australia accuses judge of ‘impermissible gloss’ on patent term extension law
Appeals 2021-07-15 5:29 pm By Cindy Cameronne

IP Australia has appealed a ruling granting drug company Ono Pharmaceutical a patent extension for a cancer immunotherapy drug, calling it an “impermissible gloss” on the Patents Act that is at odds with the law’s purpose.

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