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Fisher & Paykel loses opposition to breathing apparatus patent
Intellectual Property 2018-10-05 5:36 pm By Miklos Bolza

The Australian Patent Office has thrown out Fisher & Paykel Healthcare’s opposition to a patent for a gas supply apparatus used to treat respiratory conditions owned by California-based medical equipment manufacturer, ResMed.

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‘I just don’t get it’: judge questions Sandoz cross claim in Lexapro patent case
Intellectual Property 2018-10-02 9:25 pm By Miklos Bolza

A Federal Court judge has expressed her disbelief at a cross claim by generic drug maker Sandoz against Danish multinational H Lundbeck, as the court begins to weigh arguments over damages owed to Lundbeck in the long-running patent case over its blockbuster anti-depressant Lexapro.

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Telstra customers get $9.3M back for misleading billing practices
Competition & Consumer Protection 2018-09-28 11:31 pm By Cat Fredenburgh

Telstra customers that were billed for mobile phone apps they unwittingly bought have been refunded $9.3 million, several months after the company was hit with a $10 million penalty for the misleading conduct.

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Vendors can’t probe claims against auction house Mossgreen
Restructuring & Insolvency 2018-09-24 2:58 pm By Miklos Bolza

A Federal Court judge has shot down an eleventh hour bid by unpaid vendors of collapsed auction house Mossgreen for discovery to see if they have a claim against the company, including a possible class action claim.

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Settlement talks can’t be admitted as evidence in Cargill, Viterra trial
Trials 2018-09-21 4:00 pm By Cat Fredenburgh

A judge in the high-stakes trial over the $420 million sale of Viterra’s Joe White malt business to Cargill has denied Cargill’s request to have settlement talks admitted as evidence, shooting down the agricultural giant’s argument that the talks were needed to challenge Glencore in-house counsel’s assertion that he is of good character and will not breach a confidentiality agreement.

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Glencore in-house counsel wins Cargill deal docs to mull settlement
Trials 2018-09-18 1:27 pm By Cat Fredenburgh

In-house counsel at Glencore has been granted access to “highly confidential” documents related to the possible sale by Cargill of its Joe White malt business so that he can mull a settlement offer.

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Clive Palmer wins bid to have judge recuse himself
Energy & Natural Resources 2018-09-17 11:53 pm By Cat Fredenburgh

Mining tycoon Clive Palmer has succeeded in having a Queensland Supreme Court judge recused from a trial over the 2016 collapse of Queensland Nickel.

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Kleenex flushable wipes an ‘environmental catastophe’, ACCC tells court
Competition & Consumer Protection 2018-09-17 9:07 pm By Miklos Bolza

The Australian Competition and Consumer Commission has launched its opening volley against consumer goods giant Kimberly-Clark Australia, saying its Kleenex ‘flushable’ wipes were unsuitable for sewers and septic tanks and an “enormous burden” on the Australian wastewater system.

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Scotch Whisky is generic, can’t be trademarked, court told
Intellectual Property 2018-09-17 4:00 pm By Christine Caulfield

Facing a trade mark infringement lawsuit for selling products under the name Scotch Whisky, Australian liquor retailer D’Aquino Bros has filed a claim of its own, arguing the words are a generic description used in Australia to mean any whisky from Scotland.

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Hastie liquidators battle major builders over millions in unpaid bills
Restructuring & Insolvency 2018-09-14 11:30 pm By Christine Caulfield

Liquidators for failed engineering services company Hastie Group have a fight on their hands over tens of millions of dollars in unpaid invoices from construction companies, with major builders claiming not only that they don’t have to pay, but that the bills aren’t payable.

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