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Class actions can’t pursue insurance brokers to boost Quintis settlement, court hears
Class Actions 2021-02-18 1:45 pm By Miklos Bolza

Two insurance brokers have dodged being dragged into class action proceedings against sandalwood producer Quintis to boost a settlement reached last year, as a fight over insurance owed to the company to cover the settlement continues.

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Full Court hears government’s $325M fight with Sanofi over ban on Plavix generic
Intellectual Property 2021-02-16 4:13 pm By Miklos Bolza

Pharmaceutical companies Sanofi and Bristol-Myers Squibb are liable for losses to the federal government for excess subsidies it allegedly paid for the blood-thinner Plavix after an unjustified court injunction prevented the release of a generic version of the top-selling drug, an appeals court has heard.

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‘Blue veined or not’: Delegate says ‘Roquehort’ mark would mislead cheese buyers
Intellectual Property 2021-02-15 12:18 pm By Spencer Fowler Steen

A French geographical indication body has triumphed in its opposition to a bid to trade mark the name ‘Chateau Roquehort’ for dairy products, with a delegate finding that Australians would wrongly associate the name with blue cheeses from France.

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High Court to weigh in on $26.3M Lexapro patent judgment
High Court 2021-02-11 10:43 pm By Cat Fredenburgh

The High Court will decide whether the Full Court was wrong to overturn a $26.3 million judgment for Danish drug maker H Lundbeck in its long-running patent battle with generic drug maker Sandoz over the patent for blockbuster antidepressant Lexapro.

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Fairfax out of pocket $2.4M after being hit with indemnity costs in Elaine Stead defamation case
Defamation 2021-02-08 2:42 pm By Miklos Bolza

Nine-owned Fairfax will have to pay out over $2 million in legal fees after being hit with indemnity costs on top of a $280,000 judgment in its defamation spat with venture capitalist Dr Elaine Stead for its “Micawber-like” approach to the case.

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Facebook still California dreaming in legal battle with startup
Competition & Consumer Protection 2021-02-04 3:50 pm By Cat Fredenburgh

Facebook and its subsidiary Instagram are pushing for a competition dispute brought by an Australian social media startup to be heard on their home turf in the state of California.

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Fairfax rejected settlement offers with ‘bugger off letters’, Elaine Stead tells court
Defamation 2021-02-04 3:23 pm By Miklos Bolza

Venture capitalist Dr Elaine Stead is seeking indemnity costs after being awarded $280,000 in her defamation case against Nine-owned Fairfax, which she accuses of rejecting several settlement offers with “bugger off letters” and engaging in a “petulant campaign” of media coverage post-judgment.

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Death causes six-month delay of trial in Merck, Pfizer vaccine patent dispute
Intellectual Property 2021-02-03 5:18 pm By Cat Fredenburgh

The Federal Court has delayed a 15-day hearing in a pneumococcal vaccine patent dispute between Merck Sharp & Dohme and Pfizer after the sudden death of a family member of one of Pfizer’s expert witnesses.

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Concerns about courts wading into funding commission rates ‘exaggerated’, judge says
Class Actions 2021-01-29 10:08 pm By Christine Caulfield

Concerns behind criticism that courts aren’t equipped to assess a class action funder’s commission are exaggerated, and the fixing by judges of reasonable remuneration, at least in other cases, is nothing new, a Federal Court judge has said.

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JPMorgan seeks to shield interview docs in ANZ cartel case
Competition & Consumer Protection 2021-01-27 9:21 pm By Spencer Fowler Steen

While a Federal Court judge recently promised to advance a long-running criminal cartel case against several investment banks and individuals over a $2.5 billion ANZ share placement, a separate judge will soon hear a privilege dispute over documents from whistleblower JPMorgan that promises to further delay the case.

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