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Ariosa infringed Sequenom’s patent for prenatal genetic test, court finds
Intellectual Property 2019-07-01 10:07 pm By Cat Fredenburgh

A court has found Ariosa Diagnostics infringed a patent held by Sequenom for a noninvasive prenatal genetic test, and ruled one claim of the patent invalid for lack of fair basis.

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ACCC appeals loss in case over Pacific National, Aurizon terminal deal
Competition & Consumer Protection 2019-06-27 9:58 am By Christine Caulfield

The Australian Competition and Consumer Commission is appealing the dismissal of its case over Pactific National’s purchase of Aurizon’s Acacia Ridge Terminal in Queensland, challenging the Federal Court’s power to accept Pacific National’s last-minute promise to ensure access to the major freight terminal by competitors.

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Competing law firms agree to join forces in BHP class action
Appeals 2019-06-21 10:33 pm By Christine Caulfield

Rival law firms Phi Finney McDonald and Maurice Blackburn have offered to consolidate their competing shareholder class actions against BHP after prompting by the Full Federal Court, which said Friday it approved of the plan.

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Maurice Blackburn reunites with air cargo lead applicant in cartel class action against banks
Competition & Consumer Protection 2019-06-20 3:09 pm By Christine Caulfield

The law firm running a cartel class action alleging manipulation of foreign exchange rates by five global investment banks is teaming up with the same lead applicant that represented group members in the price-fixing case against major international airlines.

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ACCC too late to alter Pacific National undertaking, judge says
Competition & Consumer Protection 2019-06-12 11:32 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has come up short again in its challenge to Pacific National’s $205 million acquisition of competitor Aurizon’s Queensland freight terminal, with a judge shooting down the regulator’s request for a variation of Pacific’s undertaking that it will not block third parties from accessing the terminal.

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Maurice Blackburn denies infringing State Street IP with Fearless Girl replica
Intellectual Property 2019-06-12 1:31 pm By Christine Caulfield

Maurice Blackburn has hit back at a lawsuit by State Street Global Advisors over the law firm’s use of a replica of its Fearless Girl statue, denying it has infringed the asset manager’s intellectual property.

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In win for class, judge says promises in McMillan Shakespeare unit’s warranties were illusory
Class Actions 2019-06-11 11:13 pm By Cat Fredenburgh

Promises to pay out claims under vehicle warranties issued by a unit of car leasing giant McMillan Shakespeare were illusory because of a clause that gave the company “manifestly sweeping” discretion to reject any claim, a judge has ruled, in a victory for a class action over the allegedly worthless financial products.

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State Street reaches settlement with super fund in Fearless Girl trade mark spat
Intellectual Property 2019-05-30 1:29 pm By Christine Caulfield

US asset management firm State Street has dropped its trade mark case against superannuation fund HESTA over its Fearless Girl statue, after HESTA agreed to stop all marketing and promotion involving a replica of the famous New York statue. 

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Maurice Blackburn gets second shot at pursuing class action against BHP
Appeals 2019-05-28 9:18 pm By Christine Caulfield

Maurice Blackburn has partly prevailed in an appeal of a judge’s decision to put the brakes on its shareholder class action against BHP while greenlighting a competing case brought by Phi Finney McDonald, with an appeals court ordering the rival law firms to negotiate a deal to consolidate their litigation.

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Appeals court in BHP class action battle questions superiority of no win, no fee model
Appeals 2019-05-27 11:45 pm By Christine Caulfield

Maurice Blackburn’s funding model rejected by a judge overseeing a beauty parade of class actions against BHP appeared structured to incentivise the firm to push up its legal fees, an appeals court said Monday on the first day of a high stakes hearing challenging a decision to shut down two of three competing cases against the mining giant.

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