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Sacked HWL lawyer’s defence of client criticisms an ‘untenable stretch,’ court hears
Employment 2018-12-05 10:09 pm By Miklos Bolza

Former HWL Ebsworth special counsel Dr Gary Rumble’s insistence that he believed he had carte blanche to criticise one of the law firm’s clients is an “untenable stretch,” the Federal Court heard Wednesday.

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B. Braun launches appeal in IV catheter patent case
Intellectual Property 2018-12-05 12:23 pm By Christine Caulfield

Medical device maker B. Braun Melsungen is appealing a ruling that invalidated its intravenous catheter patents and dismissed allegations of infringement against rival Becton Dickinson.

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Trade mark reputation not a factor in deceptively similar cases: Full Court
Intellectual Property 2018-12-04 8:43 pm By Miklos Bolza

A judge applied the “wrong test” when he considered the reputation of a trade mark in an infringement case alleging the marks of rival meat processors were deceptively similar, a Full Federal Court has found.

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Wyeth slams Merck Sharp & Dohme’s ‘baseless’ invalidity claim in vaccine trial
Intellectual Property 2018-12-04 3:44 pm By Miklos Bolza

Pharmaceutical giant Wyeth has accused Merck Sharp & Dohme of a “baseless” patent invalidity case, saying on the second day of trial over the world’s best selling vaccine that the development of its patented Prevnar 13 pneumococcal shot was anything but obvious, as its rival contends.

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Class action over botched breast surgery survives declassing bid
Class Actions 2018-12-04 3:15 pm By Christine Caulfield

A chain of cosmetic surgery clinics has lost its fight to have a class action of over 200 patients allegedly injured by botched breast augmentation surgery discontinued as a representative proceeding.

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CBA open to consolidation of dual class actions
Class Actions 2018-12-04 12:11 pm By Miklos Bolza

The Commonwealth Bank of Australia is open to a proposal to consolidate two shareholder class actions filed over alleged breaches of anti-money laundering and counter-terrorism laws, but will address any “devil in the details”, a lawyer for the bank told a court Tuesday.

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In tossing Made In Australia case, court clarifies ‘substantial transformation’ test
Competition & Consumer Protection 2018-12-03 8:49 pm By Miklos Bolza

A court has ruled that Chinese vitamin company Nature’s Care cannot sell its imported fish oil and vitamin D with the ‘Made in Australia’ logo because the product fails to meet the required country-of-origin labelling provisions.

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Merck Sharp & Dohme attacks Wyeth’s ‘broad’ patent claims for Prevnar 13 vaccine
Intellectual Property 2018-12-03 8:24 pm By Miklos Bolza

A showdown between global pharmaceutical giants over the world’s best selling vaccine began Monday in Federal Court, with Merck Sharp & Dohme claiming three patents for Prevnar 13 sold by Pfizer’s Wyeth are invalid and that its own vaccine offers greater protection against pneumococcal bacteria.

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Landmark to pay $1M in ACCC case over barley claims
Competition & Consumer Protection 2018-12-03 1:48 pm By Christine Caulfield

Grain supplier Seednet has agreed to pay $1 million to settle an enforcement action by the consumer watchdog alleging it misled farmers about the performance of its latest barley variety.

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Shareholder cases account for 50% of new class actions, report says
Class Actions 2018-11-30 10:50 pm By Christine Caulfield

Shareholder cases made up half of all class actions filed in the past two years, and are to blame for an “unprecedented spike” in class actions, according to a new report by a leading defence law firm.

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