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Pfizer loses discovery lawsuit against Sandoz over Enbrel biosimilar
Intellectual Property 2020-11-13 4:58 pm By Cat Fredenburgh

A judge has dismissed Pfizer’s bid for preliminary discovery to pursue a possible patent infringement case against drug maker Sandoz over a generic version of its blockbuster rheumatoid arthritis biologic Enbrel.

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High Court won’t hear Kraft, Bega peanut butter trade dress dispute
Appeals 2020-11-13 4:27 pm By Cat Fredenburgh

The High Court won’t wade into Kraft-Heinz’s intellectual property dispute with Bega after the US food giant came up short twice its battle over the right to use its peanut butter trade dress in Australia.

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In loss for Seiko, High Court adopts patent exhaustion doctrine
Peter Creighton-Selvay 2020-11-12 1:16 pm By Cat Fredenburgh

The High Court has ruled that a patentee’s rights to control what can be done with a patented product after it is sold are “exhausted” upon sale.

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High Court set to rule on patent exhaustion in ink cartridge case
High Court 2020-11-11 2:23 pm By Cat Fredenburgh

The High Court will hand down its highly anticipated decision in a patent dispute between printer giant Seiko Epson and ink cartridge reseller Calidad on Thursday, a ruling expected to provide clarity on the the rights of businesses to modify patented goods.

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Trendy Aussie handbag not a work of artistic craftsmanship, court rules
Intellectual Property 2020-11-10 12:53 pm By Christine Caulfield

The Australian maker of a trendy neoprene handbag sold at high-end retailers has lost a copyright lawsuit over alleged knockoffs, with a judge finding the tote was at most an “evolution in styling” and not a work of artistic craftsmanship with copyright protection.

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Mylan fails in High Court bid to save patents for top seller Lipidil
Intellectual Property 2020-11-06 12:06 pm By Cat Fredenburgh

The High Court has declined to take up Mylan’s challenge to a Full Court ruling upholding the invalidity of three patents for its blockbuster cholesterol drug Lipidil.

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Craft brewery can’t overturn cancellation of ‘Urban Ale’ trade mark
Intellectual Property 2020-11-04 7:00 pm By Miklos Bolza

A Melbourne-based craft brewery has failed to save its ‘Urban Ale’ trade mark, with the Full Federal Court dismissing its appeal and finding that a judgment ordering the cancellation of the mark was correct.

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Manolo Blahnik wins discovery for potential knockoff suit against Sydney outlet
Intellectual Property 2020-11-04 4:09 pm By Spencer Fowler Steen

Luxury shoe designer Manolo Blahnik has won a preliminary discovery application seeking information from Sydney designer outlet, Estro, for a possible lawsuit over the “extremely concerning” sale of alleged knock-off shoes.

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Judge frowns on Allergan’s ‘Botox’ trade mark lawsuit
Intellectual Property 2020-10-28 7:29 pm By Cat Fredenburgh

Botox maker Allergan has lost a lawsuit that accused an Australian cosmetics company that sells topical creams as an alternative to Botox injections of infringing its Botox trade mark.

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Hungry Jack’s stands by ’25 per cent more beef’ claim in McDonald’s burger battle
Intellectual Property 2020-10-27 7:25 pm By Spencer Fowler Steen

Hungry Jack’s is doubling down on its claim that its ‘Big Jack’ burger has 25 per cent more beef than rival McDonald’s ‘Big Mac’, denying the US fast food company’s allegation that its beefier burger brag, made in a recent cheeky television ad, is misleading and deceptive.

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