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BlueScope tried to protect ‘invalid monopoly’ by withholding trade secrets, judge says
Intellectual Property 2020-01-14 11:55 am By Miklos Bolza

BlueScope’s decision to hide its trade secrets has doomed its patent infringement lawsuit against South Korean rival Dongkuk Steel, with a judge dismissing the case and invalidating two of the steel giant’s patents.

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Full Court says Oxworks wrongly awarded extra damages in patent suit
Intellectual Property 2020-01-09 5:14 pm By Miklos Bolza

The Full Federal Court has provided clarity around additional damages in patent cases by reducing the penalties liable to be paid by an Australian fencing and gate manufacturer found to have infringed a rival’s patent for a fence base.

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Globaltech sues Reflex Instruments over mining tech sold to Boart Longyear
Intellectual Property 2019-11-06 7:19 pm By Miklos Bolza

Technology firm Globaltech Corporation has filed Federal Court proceedings against rival Reflex Instruments for selling two mining survey devices to drilling company Boart Longyear that allegedly infringe its patent.

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Insurance director’s royal commission comments create ‘forensic challenge’ in ASIC case, judge says
Insurance 2019-10-04 8:35 pm By Miklos Bolza

Comments made by the director of three firms accused of pushing life insurance onto vulnerable consumers during the banking royal commission may come back to haunt him in a civil penalties proceeding brought by the Australian Securities and Investments Commission.

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Going Wayback: The current state of using wayback machine evidence in court
Expert Insights 2019-09-27 8:45 pm By Editor

The admissibility of print-outs from the “Wayback Machine – Internet Archive” website is increasingly being considered by the Federal Court of Australia. The decision of Justice Burley in Dyno Nobel Inc v Orica Explosives Technology Pty Ltd on September 17 provides clear insight to the court’s approach to Wayback evidence and the circumstances in which it might be admissible, writes Bird & Bird’s Lynne Lewis and Angelica Sorn.

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Celeb-backed rival sports news sites settle IP dispute
Intellectual Property 2019-07-11 10:42 pm By Cat Fredenburgh

A US sports news website founded by former Yankees shortstop Derek Jeter featuring content by athletes has agreed to settle an IP lawsuit brought against a rival Australian site for allegedly copying its look.

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Grand Theft Auto modder confident of defence in Take-Two copyright case
Intellectual Property 2019-06-21 1:11 pm By Miklos Bolza

A developer of what’s now being called the “Infamous Mod” for video game Grand Theft Auto, which gives players extra powers, is confident he can defend the copyright case brought against him by Take-Two Interactive and its subsidiary Rockstar Games.

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Judge says sorry for delayed Osteo Gel judgment as penalty hearing set for 2020
Competition & Consumer Protection 2019-06-07 12:34 pm By Miklos Bolza

A Federal Court judge has apologised for “upsetting the applecart” and taking “too long” to publish his judgment in the consumer regulator’s case against GlaxoSmithKline and Novartis over packaging for now discontinued painkiller Osteo Gel.

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Airtasker wins opposition to ‘Like a Boss’ trade mark
Intellectual Property 2019-06-05 5:20 pm By Miklos Bolza

Airtasker has succeeded in opposing a competitor’s application to trade mark the phrase ‘Like a Boss’, which the popular gig marketplace used in a long-running ad campaign.

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GSK narrowly defeats ACCC’s case over revised Osteo Gel packaging
Competition & Consumer Protection 2019-05-17 11:44 pm By Cat Fredenburgh

GlaxoSmithKline has defeated claims by the ACCC that revised packaging for its now-discontinued pain killer Osteo Gel misled consumers. The drug maker will face penalties for earlier violations it admitted to, but the court hinted the damages will be nowhere near the $6 million competitor Reckitt Benckiser faced in a similar case.

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