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Wyeth loses privilege claim over Allens docs in Merck’s vaccine patent case
Intellectual Property 2019-10-01 3:56 pm By Miklos Bolza

Wyeth has lost a bid to claim legal professional privilege over certain documents sought by Merck Sharp & Dohme as the two rivals head towards a hearing for the reopening of the Prevnar 13 patent case.

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‘Serious questions’ raised over conduct of lawyers, funder behind Banksia class action, judge says
Class Actions 2019-09-26 2:01 pm By Christine Caulfield

A judge overseeing a settled class action against failed Banksia Securities has rejected an application to limit a contradictor’s investigation of alleged professional misconduct on the part of the legal team and funder behind the case, saying he was satisfied there was a proper basis for the allegations.

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After questioning funder’s cut, judge quietly approves KPMG class action settlement scheme
Class Actions 2019-09-19 9:36 pm By Cat Fredenburgh

A judge has quietly given his seal of approval to a settlement distribution scheme in a class action against KPMG, after raising questions about Piper Alderman’s legal bill and the litigation funder’s “arguably excessive” cut of the confidential settlement.

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Otsuka ‘deliberately’ withheld information from court, Generic Health claims
Intellectual Property 2019-09-17 9:30 pm By Miklos Bolza

Pharmaceutical company Generic Health has told the Federal Court that, on advice from their solicitors, Otsuka and Bristol-Myers Squibb “deliberately” chose not to disclose their reasons for an admission in a long-running patent case over the anti-psychotic drug Abilify, which they are now seeking to withdraw.

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Sportsbet wants BetEasy trade marks removed for non-use
Intellectual Property 2019-09-12 5:45 pm By Cat Fredenburgh

Bookmaker Sportsbet has expanded its case over rival BetEasy’s attempts to operate under the ‘Sportingbet’ trade mark, arguing its marks should be revoked for non-use.

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Twin Quintis class actions squabble about ‘overly complicated’ case
Class Actions 2019-09-11 10:00 pm By Amelia Birnie

The plaintiffs in one of two shareholder class actions brought against troubled sandalwood producer Quintis have complained about potential delays that could result from the “overly complicated loss theory” being advanced in a parallel class action.

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Otsuka changes tack in Abilify patent case after landmark Wyeth ruling
Intellectual Property 2019-09-11 8:49 pm By Miklos Bolza

Otsuka Pharmaceuticals and Bristol Myers-Squibb are seeking to withdraw admissions in patent litigation against Generic Health over anti-psychotic drug Abilify, following a landmark ruling last year against Wyeth that clarified the issue of compensation under the usual undertaking for damages in pharmaceutical patent cases.

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Ashley & Martin’s hair loss treatment contracts unfair, judge finds
Competition & Consumer Protection 2019-09-04 11:43 pm By Cat Fredenburgh

Ashley & Martin signed up 25,000 customers to its hair loss program on contracts that put them on the hook for paying for treatment they didn’t receive, a judge has found.

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Delegate slams door on REA Group’s home loans trade mark
Intellectual Property 2019-09-02 8:22 pm By Miklos Bolza

A mortgage broker has successfully opposed REA Group’s application to trade mark “realestate.com.au Home Loans”, with a delegate finding the mark is not adapted to distinguish REA’s online services.

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Merck wins docs from Wyeth ahead of hearing on reopening Prevnar 13 trial
Intellectual Property 2019-08-30 10:51 pm By Cat Fredenburgh

Merck Sharp & Dohme has emerged victorious in a battle over documents with Wyeth, as the parties gear up for a hearing on Wyeth’s request to reopen a trial over three patents for its Prevnar 13 pneumococcal vaccine.

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