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Peloton’s US$420M acquisition of Precor violated ‘spinning’ licence, court told
Intellectual Property 2021-05-19 1:28 pm By Cat Fredenburgh

California-based fitness company Mad Dogg has accused Peloton Interactive of inducing breach of a non-compete through its $US420 million acquisition of commercial gym equipment manufacturer Precor, and has asked a court to block the company from using its ‘spinning’ trade marks in relation to its interactive exercise bikes.

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Aurizon accused of flagrant copyright infringement by software giant Dassault
Intellectual Property 2021-05-17 4:44 pm By Miklos Bolza

Queensland rail operator Aurizon has been sued for breach of contract and “flagrant” copyright infringement for allegedly using software produced by French software giant Dassault without the necessary licence.

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Banks can access JP Morgan’s ‘first accounts’ in ANZ cartel case
Competition & Consumer Protection 2021-05-14 11:56 am By Cat Fredenburgh

Several banks and executives facing criminal cartel charges over a $2.5 billion ANZ share placement have won access to interview notes taken by whistleblower JP Morgan prior to it being granted immunity, which the banks say will prove inconsistencies in the prosecution’s case.

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Gadens wins privilege fight over ‘malicious’ letter to building regulator
Construction 2021-05-13 5:26 pm By Cindy Cameronne

The director of building company Modscape has lost his bid to access Gadens’ advice concerning an allegedly false and malicious letter sent to the Victorian Building Authority that questioned his financial probity.

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IP lawyers welcome ‘patent box’ but say government should go further
Intellectual Property 2021-05-12 9:19 pm By Cat Fredenburgh

Lawyers welcomed the government’s “overdue” announcement of a so-called patent box that will slash the tax rate on income derived from patented drug and biotech inventions developed in Australia, but called on the government to apply the regime to other sectors.

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Judge won’t keep sales figures confidential in epic Cargill, Viterra battle
Corporate 2021-05-11 3:55 pm By Miklos Bolza

A Victoria Supreme Court judge has rejected a post-trial bid to keep details of the 2019 sale of Cargill’s malt business under wraps in a long-running case over Viterra’s $420 million sale of its Joe White business, finding the move would be contrary to the principles of open justice where no harm from disclosure had been demonstrated.

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Judge orders $75,000 penalty in ACCC’s case against Jayco
Competition & Consumer Protection 2021-05-03 6:43 pm By Cindy Cameronne

A judge has hit caravan manufacturer Jayco with a $75,000 penalty in proceedings launched by the ACCC, finding the company made a false or misleading representation to a customer about their consumer guarantee rights.

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Otzuka, Bristol-Myers lose discovery bid in decade-old fight over Abilify
Intellectual Property 2021-04-27 4:46 pm By Christine Caulfield

The companies behind the top selling Abilify medication have lost their latest bid for documents from the Commonwealth in a multimillion dollar dispute over the delayed listing of generic versions of their drug, with a judge saying the material could be only “of the most marginal relevance”.

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ACCC to fight production of JPMorgan witness statements in ANZ cartel case
Competition & Consumer Protection 2021-04-22 5:02 pm By Cat Fredenburgh

The judge who vowed last year to move a criminal cartel case over a $2.5 billion ANZ share placement to trial “before we all retire” will soon weigh the ACCC’s claim for privilege over statements from JPMorgan witnesses it has been accused of pressuring during its investigation, two months after a different judge heard a still unresolved privilege fight in the long-running case.

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Designer seeks unredacted docs from Katy Perry in trade mark battle over name rights
Intellectual Property 2021-04-20 3:47 pm By Cat Fredenburgh

Sydney fashion designer Katie Perry has petitioned the court to order singer Katy Perry to hand over unredacted documents in their trade mark fight over the right to use the name for clothing and accessories in Australia, after counsel for the designer criticised the singer for withholding the emails addresses of those who were “not similarly notorious or similarly famous.”

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