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The distinction between repair and re-making: The Full Court clarifies the law on refurbishing a patented product
Expert Insights 2019-08-01 9:29 pm By Editor

The important decision by the Full Court of the Federal Court in Calidad Pty Ltd v Seiko Epson Corporation clarifies the position on an area of law that, surprisingly, is still developing in Australia, namely the scope of the implied licence issuing from the sale of a patented product, writes Duncan Longstaff and Roshan Evans of Shelston IP.

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ASIC dragged ‘kicking and screaming’ to produce docs, ex-Tennis Australia director says
ASIC 2019-08-01 8:55 pm By Miklos Bolza

Former Tennis Australia director Harold Mitchell has told a court that the corporate regulator had to be dragged “kicking and screaming” to produce documents in its enforcement action over alleged breaches of directorial duties involving negotiations for the Australian Open broadcast rights.

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Judge puts brakes on early class closure bid in breast implant class action
Class Actions 2019-08-01 8:42 pm By Amelia Birnie

A judge has warned the parties in The Cosmetic Institute class action over allegedly botched breast implants to ensure group membersā€™ rights are prioritised, following a push for an early class closure amid doctor-patient confidentiality concerns.

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Court approves $1.2M settlement in recycling plant fire class action
Class Actions 2019-08-01 8:36 pm By Amelia Birnie

The Supreme Court of Victoria has signed off on a $1.2 million settlement of a class action brought on behalf of hundreds of residents and businesses that allegedly suffered loss or injury in a 2017 fire at the Coolaroo recycling plant in Victoria.

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Toyota hit with class action over allegedly faulty diesel filters
Class Actions 2019-08-01 8:31 pm By Miklos Bolza

Car giant Toyota is facing a class action seeking compensation on behalf of around 250,000 vehicle owners who allegedly suffered loss from faulty diesel filters in the automaker’s Hilux, Fortuner and Prado diesel model cars.

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Regeneron loses opposition to Kymab’s patent for human rats
Intellectual Property 2019-08-01 2:30 pm By Miklos Bolza

US biotechnology firm Regeneron Pharmaceuticals has lost its opposition to a proposed patent by UK biopharmaceutical company Kymab for a method of producing an animal with part-human DNA.

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ASIC ā€˜plucking numbers out of the airā€™ in penalty hearing for Vocation execs, court told
Securities 2019-07-31 8:15 pm By Amelia Birnie

Lawyers for former Vocation CEO Mark Hutchinson say the corporate regulator is ā€œplucking numbers out of the airā€ in its bid to secure disqualifications of up to eight years against the former executives who breached their directorsā€™ duties in relation to the collapsed education provider.

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Dentons to acquire New Zealand firm to expand Australasian footprint
Business of Law 2019-07-31 4:31 pm By Miklos Bolza

International legal giant Dentons will acquire New Zealand law firm Kensington Swan, a move that will further strengthen its position in the Australasian region.

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Moreton wins appeal over R&D tax credits for failed coal gasification project
Article 2019-07-31 3:39 pm By Miklos Bolza

Australian coal miner Moreton Resources has won a Full Federal Court appeal over tax offsets it claims are owed over a failed pilot project testing underground coal gasification, a process which was ultimately banned in Queensland.

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Judge says shareholder class action against Brambles ‘taking too long’
Class Actions 2019-07-31 2:43 pm By Christine Caulfield

A judge overseeing a consolidated shareholder class action against logistics company Brambles has expressed frustration with the parties, who are locked in an unresolved discovery battle three months after his order consolidating the litigation.

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