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Otsuka ‘deliberately’ withheld information from court, Generic Health claims
Intellectual Property 2019-09-17 9:30 pm By Miklos Bolza

Pharmaceutical company Generic Health has told the Federal Court that, on advice from their solicitors, Otsuka and Bristol-Myers Squibb “deliberately” chose not to disclose their reasons for an admission in a long-running patent case over the anti-psychotic drug Abilify, which they are now seeking to withdraw.

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TPG founder’s evidence means ‘anything can happen’, says judge hearing Vodafone merger battle
Competition & Consumer Protection 2019-09-12 2:06 pm By Christine Caulfield

The judge overseeing Vodafone’s court battle with the competition regulator over a proposed merger with TPG questioned TPG founder David Teoh when the billionaire boss told a courtroom Thursday mobile technology was rapidly evolving, a remark seemingly at odds with the teleco’s claim that it had no viable option in the next five years for resuming a stalled network rollout.

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TPG’s media-shy boss David Teoh fronts court in battle with ACCC over Vodafone merger
Competition & Consumer Protection 2019-09-11 9:45 pm By Christine Caulfield

The reclusive head of TPG Telecom, David Teoh, faced the spotlight on Wednesday to give evidence in a case over the company’s planned $15 billion merger with Vodafone, telling a court under questioning that his company had not budgeted for a 5G network when it first made plans to enter the retail mobile network market.

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Otsuka changes tack in Abilify patent case after landmark Wyeth ruling
Intellectual Property 2019-09-11 8:49 pm By Miklos Bolza

Otsuka Pharmaceuticals and Bristol Myers-Squibb are seeking to withdraw admissions in patent litigation against Generic Health over anti-psychotic drug Abilify, following a landmark ruling last year against Wyeth that clarified the issue of compensation under the usual undertaking for damages in pharmaceutical patent cases.

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ACCC’s decision to block Vodafone, TPG merger ‘chock full of speculation’, court hears
Competition & Consumer Protection 2019-09-10 2:13 pm By Christine Caulfield

The competition regulator’s opposition to the proposed $15 billion merger of telecommunications companies Vodafone and TPG was based on “mere possibilities” and was “chock full of speculation”, the Federal Court heard Tuesday.

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Judge strikes out CIMIC class action claims pleaded in ‘factual vacuum’
Class Actions 2019-09-10 12:02 pm By Miklos Bolza

Engineering services company CIMIC has won a challenge to the pleadings in a shareholder class action against it, with the Federal Court striking out deficient paragraphs but giving the class a chance to replead.

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Judge frowns on ‘moronic approach’ to group member sign-up in Takata class actions
Class Actions 2019-09-05 9:59 pm By Miklos Bolza

The judge overseeing a group of class actions against car manufacturers over faulty Takata airbags has questioned a simplified group registration and opt out process proposed by the law firm leading the cases, saying it would “invite a moronic approach” to sign up.

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CIMIC attacks ‘forests of contingencies’ in class action pleadings
Class Actions 2019-09-04 2:26 pm By Miklos Bolza

Engineering services firm CIMIC Group has attacked the pleadings in a shareholder class action against it, saying needlessly convoluted paragraphs containing a “numerically vast number of contingencies” should be struck out.

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Merck wins docs from Wyeth ahead of hearing on reopening Prevnar 13 trial
Intellectual Property 2019-08-30 10:51 pm By Cat Fredenburgh

Merck Sharp & Dohme has emerged victorious in a battle over documents with Wyeth, as the parties gear up for a hearing on Wyeth’s request to reopen a trial over three patents for its Prevnar 13 pneumococcal vaccine.

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Westpac lightens class action load with $23.25M in payouts
Class Actions 2019-08-23 9:18 pm By Cat Fredenburgh

Westpac has recently agreed to pay a combined $23.25 million to settle two class actions against it, cutting the number of class actions the bank is facing in half.

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