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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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Bird & Bird lawyer’s communications not privileged in IP fight over Golden Girls parody
Intellectual Property 2019-03-19 10:55 pm By Cat Fredenburgh

A judge has rejected a claim of legal privilege over emails at the centre of a copyright lawsuit over a puppet-show parody of the 80s sitcom Golden Girls, a production that has spawned legal action between the collaborators in New York and Australia.

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Mills Oakley helped uncover client’s false evidence, court hears
Intellectual Property 2019-03-14 7:49 pm By Miklos Bolza

A top executive at railway technology company Wavetrain has been referred to the Commonwealth Attorney General for possible criminal proceedings after its solicitors at Mills Oakley worked with opposing counsel to uncover false evidence he provided in a consumer case centered on the company’s railway patents.

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Wavetrain drops bid to block Next Generation from talking about its IP
Intellectual Property 2019-02-25 2:24 pm By Cat Fredenburgh

Railway technology company Wavetrain Systems has dropped its bid for a court order barring a  competitor started by its former CEO from making allegedly false claims about its patented rail safety devices to clients.

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Wavetrain wants court muzzle on competitor’s bad-mouthing over IP
Intellectual Property 2019-02-11 6:58 pm By Miklos Bolza

Railway technology company Wavetrain Systems has asked the court to bar a competitor started by its former CEO from making allegedly false claims about its patented rail safety devices to clients.

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Atomic coffee machine distributor roasted in appeal of trade mark decision
Intellectual Property 2019-01-15 8:30 pm By Christine Caulfield

The Australian distributor of Atomic coffee machines has lost a Federal Court appeal of an IP Australia decision allowing the registration of the Atomic trade mark by a South Perth cafe, with a judge slamming her evidence on the stand as untruthful.

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Takata air bag class actions can claim car makers’ silence was deceptive
Class Actions 2018-12-12 10:05 pm By Miklos Bolza

Seven class actions against auto makers that sold cars equipped with defective Takata airbags can allege the car makers’ silence constituted misleading and deceptive conduct.

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Commonwealth slams Otsuka’s ‘inconsistent’ defences in Abilify patent case
Intellectual Property 2018-12-10 10:02 pm By Miklos Bolza

The Commonwealth has urged the court to strike out the “inconsistent” pleadings of pharmaceutical firms Otsuka and Bristol-Myers Squibb in a patent case over the antipsychotic drug Abilify, calling them a “scandal” which could bring disrepute to the administration of justice.

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