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Fortescue unit can eyeball Squire Patton Boggs emails in power contract dispute
Energy & Natural Resources 2018-10-03 3:51 pm By Miklos Bolza

A unit of Fortescue Metals Group has won its bid for emails between Squire Patton Boggs  and a unit of electricity provider TransAlta Energy relating to a disputed power purchase agreement, saying privilege was waived when the emails were forwarded to a third party.

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Judge fines The Australian $155,000 for contempt over Setka article
Media 2018-10-02 9:26 pm By Christine Caulfield

The Australian has been hit with a $155,000 fine for publishing an article referring to the criminal convictions of CFMMEU official John Setka despite repeated warnings by prosecutors about prejudicing their blackmail case against the union boss.

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‘I just don’t get it’: judge questions Sandoz cross claim in Lexapro patent case
Intellectual Property 2018-10-02 9:25 pm By Miklos Bolza

A Federal Court judge has expressed her disbelief at a cross claim by generic drug maker Sandoz against Danish multinational H Lundbeck, as the court begins to weigh arguments over damages owed to Lundbeck in the long-running patent case over its blockbuster anti-depressant Lexapro.

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Celebrated silk appointed Federal Court judge
People In The News 2018-10-02 8:34 pm By Miklos Bolza

Esteemed barrister Michael Wheelahan QC, who recently led Bauer Media in its successful appeal of a $4.5 million defamation award to actor Rebel Wilson, has been appointed as a Federal Court judge.

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Take-Two wins injunction against another Grand Theft Auto gamer
Intellectual Property 2018-10-02 3:19 pm By Cat Fredenburgh

Take-Two interactive has won an injunction blocking a Grand Theft Auto gamer from distributing software that allows users to access restricted features of the popular game, a month after reaching a settlement with a gamer in a separate copyright case.

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Merck Sharp & Dohme, Wyeth gear up for trial over vaccine patents
Intellectual Property 2018-09-28 10:43 pm By Miklos Bolza

Preparations for a December trial between Merck Sharp & Dohme Corporation and Wyeth over four patents for the pneumococcal disease vaccine are underway, and a panel of experts will feature prominently in the high-stakes hearing over the world’s best-selling vaccine.

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Sirtex must alert class if cash dips below $80M, judge rules
Healthcare 2018-09-28 10:30 pm By Cat Fredenburgh

Shareholders in a class action against Sirtex have secured an order forcing the life sciences company to notify them of any plan that would see its $128 million in liquid assets drop below $80 million.

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Mastec wins docs in wheelie bin design copying case
Competition & Consumer Protection 2018-09-28 10:22 pm By Miklos Bolza

Mobile garbage bin manufacturer Mastec Australia can access documents from a group of city councils and waste management firms to calculate damage it suffered from rival Trident Plastics unlawful copying of its wheelie bin design.

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Westpac class action funder agrees to net commission
Class Actions 2018-09-28 4:40 pm By Cat Fredenburgh

The funder underwriting a class action against Westpac will take a 25 percent cut of the net — not gross — recovery sum to secure a judge’s approval of a common fund order in the case. 

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Delay in publishing IP judgment creates ‘unsatisfactory state of affairs’, judge says
Intellectual Property 2018-09-27 11:14 pm By Cat Fredenburgh

A Melbourne computer retailer that plans to appeal a $2.8 million fine for allegedly violating Microsoft’s Windows 7 IP has won a stay of the court’s order, with a judge finding the court’s delay in publishing reasons for judgment created an “unsatisfactory state of affairs”.

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