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ASIC appeals loss in Westpac personal advice case
Financial Services 2019-02-18 5:00 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has appealed a ruling that two Westpac units did not provide personal financial advice as part of a campaign encouraging customers to roll over external superannuation accounts.

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Wyeth defends validity of patents in trial over best-selling Prevnar 13 vaccine
Intellectual Property 2019-02-07 11:06 pm By Miklos Bolza

Pharmaceutical giant Wyeth has shot down arguments by rival Merck Sharp & Dohme that its Prevnar 13 vaccine lacked inventiveness, saying during the closing submissions of a high-stakes patent trial that up until it developed the top-selling shot scientists thought there was a “ceiling” of 11 types of pneumococcal bacteria that could be included in a single vaccine.

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ASIC challenge to Westpac personal advice ruling likely
Financial Services 2019-02-07 11:16 am By Miklos Bolza

The Australian Securities and Investments Commission will likely appeal a ruling that two Westpac units did not provide personal financial advice as part of a campaign encouraging customers to roll over external superannuation accounts.

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Class action threat hurt Boart Longyear scheme vote, judge says
Corporate 2019-02-06 9:02 pm By Cat Fredenburgh

A judge has recommended another shareholder vote over Boart Longyear’s plan to move to Canada, saying a letter by a minority shareholder warning the move could imperil a possible class action against the distressed mining services company was misleading and affected the integrity of the vote.

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Merck Sharp & Dohme slams Wyeth vaccine patent claims as ‘hearsay and speculation’
Intellectual Property 2019-02-06 8:17 pm By Miklos Bolza

Claims by Wyeth that its patented Prevnar 13 pneumococcal vaccine was inventive because other pharmaceutical giants had failed in developing similar vaccines are based on “hearsay and speculation,” Merck Sharp & Dohme told the court during closing submissions in the high-stakes trial over the world’s best-selling vaccine.

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Common fund orders fulfil class action promise, lawyers tell historic appeals court
Appeals 2019-02-05 10:50 pm By Miklos Bolza

Common fund orders are the completion of the notion of class actions envisaged when the regime was introduced 27 years ago, a joint-sitting of two appeals courts was told on the second and last day of a landmark challenge to what has become an oft-used case management tool by trial judges.

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Cytec takes dispute over Nalco mining patent to court
Intellectual Property 2019-02-05 4:17 pm By Cat Fredenburgh

US-based chemical and materials technology company Cytec Industries has filed a patent lawsuit against a unit of Ecolab, after a delegate for IP Australia gave the water technology company a third chance to amend its patent for preventing sediment buildup on mining equipment.

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Common fund orders in class actions either ‘premature’ or ‘pointless’, joint appeals court told
Appeals 2019-02-04 8:39 pm By Miklos Bolza

An appeal before a historic joint sitting of two courts over so-called common fund orders in class actions kicked off Monday with a full bench of six judges and a packed courtroom hearing arguments by eminent barristers for BMW and Westpac that the orders are either preemptive or pointless.

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It’s the vibe of the thing: all eyes on constitutional challenge to common fund orders
Analysis 2019-02-01 11:16 pm By Christine Caulfield

An unprecedented joint-sitting of two appeals courts will this week hear a constitutional challenge to the power of judges to make so-called common fund orders, a challenge that could have significant ramifications for class actions even if they don’t fall foul of the ‘vibe of the thing’.

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Full Court finds Nichia LED patent claims invalid
Intellectual Property 2019-01-29 10:54 pm By Cat Fredenburgh

The Full Federal Court has shot down a challenge by Japanese electronics company Nichia Corp. to a ruling that Arrow Electronics did not infringe its patent for a white light emitting device.

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