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ASIC seeks recusal of former Freehills lawyer in costs spat with ex-Tennis Australia boss
ASIC 2022-03-18 1:17 pm By Miklos Bolza

ASIC has asked a Federal Court registrar who previously worked at Herbert Smith Freehills to step down from overseeing remaining costs disputes in its failed case against former Tennis Australia president Steven Healy, who is represented by the Big Six firm.

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Full Court deals drug companies a blow on patent term extensions
Intellectual Property 2022-03-18 10:27 pm By Miklos Bolza

The Full Court has upheld two judgments that shortened patent term extensions granted to Merck Sharpe & Dohme and Ono Pharmaceuticals, finding the extension regime cannot be construed as achieving a “commercial outcome for a patentee”.

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Judge tosses Novartis experts out of ‘hot tub’ in MS drug patent dispute
Intellectual Property 2022-03-18 5:54 pm By Miklos Bolza

A judge has slammed Novartis for putting forward four “overlapping” experts in a dispute with Pharmacor over patents for its MS drug Gilenya and thrown three of those experts out of an upcoming joint conferral, known as a “hot tub”.

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In-N-Out Burgers settles trade mark suit against ‘ghost kitchen’ operator
Intellectual Property 2022-03-18 9:58 pm By Miklos Bolza

American fast food chain In-N-Out Burgers has settled a trade mark dispute with a Queensland fast food business that operates “ghost kitchens” under the name In & Out Aussie Burgers.

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‘This is nuts’: Judge torpedoes notice in Tyro class action while fight over group definition plays out
Class Actions 2022-03-17 3:32 pm By Sam Matthews

Calling it the “elephant in the room”, a judge overseeing a class action against Tyro over a major EFTPOS outage last year has said a dispute over who is eligible to join the case needs to be hashed out before retailers are notified of the proceedings.

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‘Dangerous nature of loan’ enough to find lenders acted unconscionably, High Court says
Financial Services 2022-03-17 10:01 pm By Miklos Bolza

The High Court has found that three asset-based lenders behaved unconscionably when they enforced thir rights under a $1.2 million loan made to a vulnerable consumer secured by a mortgage over his properties.

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Electronics giant Uniden faces court fight over design of latest radio
Intellectual Property 2022-03-17 4:26 pm By Christine Caulfield

Japan’s Uniden has been hit with an intellectual property lawsuit by Australia’s only CB radio manufacturer, which alleges the upcoming launch by the wireless communications giant of two new products amounts to infringement of its design patent.

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AFCA lacked impartiality in decision against IronFX, court rules
Financial Services 2022-03-17 10:16 pm By Cindy Cameronne

Online trading platform IronFX has won its action against the Australian Financial Complaints Authority over a finding it wrongfully caused an 83 year-old French resident to lose his life savings.

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Vector Corrosion not entitled to concrete treatment patent, judge finds
Intellectual Property 2022-03-17 3:28 pm By Miklos Bolza

Concrete repair company Vector Corrosion Technologies has lost its bid for ownership of a concrete treatment patent held by three former employees who jumped ship, with a court finding the trio invented the technology after leaving Vector.

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Lloyd’s wins docs to probe basis for Moray & Agnew’s $3.7M settlement
Insurance 2022-03-16 4:06 pm By Miklos Bolza

Lloyd’s has won access to letters between Moray & Agnew and an insurer to test its claims that a $3.7 million settlement the law firm agreed to over the sale of apartments at a $105 million South Yarra complex developed by millionaire Harry Stamoulis was excessive and made to protect the firm’s reputation.

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