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Apple to seek stay of Epic Games competition lawsuit
Competition & Consumer Protection 2020-12-08 11:16 am By Cat Fredenburgh

Apple wants to stay a competition lawsuit brought by video game developer Epic Games in Australia, claiming a clause in its developer contract requires any dispute between them to be heard in a California court.

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Pfizer can’t get discovery in anticipation of Sandoz’ Enbrel biosimilar, judge says
Intellectual Property 2020-12-03 11:00 pm By Cat Fredenburgh

A judge hearing Pfizer’s application for preliminary discovery against Sandoz over its possible launch of an Enbrel biosimilar has found that such an application must be based on a current belief that the applicant could be entitled to relief.

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Qube resolves misuse of market power case against Port of Newcastle
Competition & Consumer Protection 2020-11-30 2:29 pm By Cat Fredenburgh

Logistics services provider Qube has resolved a lawsuit that accused the Port of Newcastle of misusing its power in the market for port services by denying Qube’s request to use its own equipment to provide dry bulk unloading services at the port.

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Rio Tinto execs’ trial vacated given likelihood of COVID-19 vaccine
COVID-19 2020-11-27 6:58 pm By Spencer Fowler Steen

A judge has vacated a seven-week trial in proceedings brought by ASIC against two former Rio Tinto executives to March or April 2022, after they requested a “lengthy delay” to ensure a COVID-19 vaccine would be available before they travel to Australia for trial.

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Clive Palmer’s companies slammed for misleading court in $30B dispute with WA
Energy & Natural Resources 2020-11-25 5:27 pm By Miklos Bolza

Two companies owned by billionaire Clive Palmer have suffered a legal setback, with a judge setting aside prior orders enforcing two awards in a $30 billion mining dispute with the Western Australian government and criticising the companies for misleading the court.

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Rio Tinto execs’ trial can wait until COVID-19 vaccine, court hears
COVID-19 2020-11-23 10:32 pm By Spencer Fowler Steen

A former Rio Tinto executive living in the US who wants to appear in person at an upcoming trial in a case brought by ASIC says the hearing should be moved to next year when a COVID-19 vaccine will likely become available and he could travel to Australia to “mount a vital defence”.

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Class action against Bayer’s Essure contraceptive drops claims against two manufacturers
Product Liability 2020-11-20 5:40 pm By Miklos Bolza

The lead applicant in a class action against Bayer over allegedly defective Essure contraceptive devices will ask the court to discontinue its claims against two makers of the controversial medical implants.

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Insurers lose COVID-19 business interruption test case
Insurance 2020-11-18 11:31 pm By Cat Fredenburgh

Insurers will face a flood of pandemic-related claims after an appeals court ruled in a test case brought by the Insurance Council that certain infectious disease exclusions in business interruption cover do not apply to coronavirus-related claims.

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Pfizer loses discovery lawsuit against Sandoz over Enbrel biosimilar
Intellectual Property 2020-11-13 4:58 pm By Cat Fredenburgh

A judge has dismissed Pfizer’s bid for preliminary discovery to pursue a possible patent infringement case against drug maker Sandoz over a generic version of its blockbuster rheumatoid arthritis biologic Enbrel.

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Fuji Xerox can’t strike out EY, ex-director’s defences in case over $450M accounting scandal
Accounting 2020-11-09 2:49 pm By Cat Fredenburgh

A judge has denied Fuji Xerox’s attempt to strike out parts of the defences of Ernst & Young and a former Fuji director in a lawsuit over alleged massive accounting irregularities.

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