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Insurer must cover breast implant doctor’s class action defence costs
Insurance 2021-07-06 1:29 pm By Christine Caulfield

A surgeon facing class action claims from breast implant patients of the defunct The Cosmetic Institute has won his legal battle against an insurer that denied coverage for his defence costs.

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BHP asks High Court to weigh in on inclusion of foreign investors in class action
Appeals 2021-07-05 11:56 am By Cat Fredenburgh

Global resources giant BHP Group is seeking special leave from the High Court to appeal a ruling that rejected its bid to exclude foreign investors from a shareholder class action over the 2015 Fundao dam disaster.

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Caffitaly wins reversal of invalidity ruling on coffee pod patent
Intellectual Property 2021-07-01 12:52 pm By Miklos Bolza

Coffee capsule machine manufacturer Caffitaly has saved one of its coffee pod patents from a finding of invalidity, in a partially successful appeal of a ruling that stripped three of its patents from the Australian register.

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7-Eleven agrees to settle franchisee class actions
Class Actions 2021-06-30 12:35 pm By Miklos Bolza

7-Eleven has reached an in-principle agreement to settle two class actions which accused the convenience store giant of misleading franchisees and underpaying employees at its stores.

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Quaker asks High Court to weigh in on ‘grace period’ for publicly disclosing inventions
Article 2021-06-28 1:30 pm By Cat Fredenburgh

US chemical company Quaker Chemical is seeking special leave from the High Court to appeal a Full Court judgment that found its patents for quickly detecting high pressure fluid injection injuries on site were not novel because the company had disclosed them in public prior to applying for registration with IP Australia.

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Full Court warned sending Epic Games lawsuit against Apple to California would have ‘chilling effect’
Competition & Consumer Protection 2021-06-09 4:41 pm By Miklos Bolza

Video game developer Epic Games has asked the Full Federal Court to overturn an “illogical” decision sending its competition lawsuit against Apple to California, saying the move would have a “chilling effect” on the enforcement of Australia’s competition laws.

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Kraft to pay Bega $9.25M to resolve peanut butter trade dress battle
Intellectual Property 2021-06-03 4:22 pm By Cat Fredenburgh

Kraft has agreed to pay Bega $9.25 million as part of a settlement resolving a long-running battle over peanut butter trade dress rights, after the US consumer goods giant exhausted all its options for appealing a ruling that found Bega had acquired the rights to the trade dress.

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BHP loses ‘highly problematic’ bid to exclude foreign investors from class action
Appeals 2021-06-03 10:10 am By Cindy Cameronne

Global resources giant BHP Group has lost an appeal in its fight to exclude foreign investors from a shareholder class action over the 2015 Fundao dam disaster, after arguing the class action regime applies only to those in Australia.

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Freedom Foods loses second bid to have $20M Blue Diamond feud heard in Australia
Arbitration 2021-05-28 11:02 pm By Christine Caulfield

Freedom Foods’ dispute with Blue Diamond Growers over an almond licensing deal will be heard by an arbitrator in California after an appeals court rejected the company’s plea for an Australian judge to determine the case.

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BHP tells Full Court class action regime only for Australian residents
Class Actions 2021-05-21 11:41 pm By Miklos Bolza

Global resources giant BHP Group has asked the Full Court to rule foreign investors should be excluded from a shareholder class action over the 2015 Fundao dam disaster, arguing the class action regime only applies to those in Australia.

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