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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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Aldi’s lack of booze rep dooms opposition to ‘Alby’ craft beer trade mark
Intellectual Property 2019-09-10 5:22 pm By Miklos Bolza

Aldi has failed in its attempt to block applications for three ‘Alby’ trade marks filed by a Western Australian craft brewery, thanks to the supermarket chain’s lack of reputation for selling beer in Australia.

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Hytera takes another shot at defending Motorola theft claims
Appeals 2019-09-09 2:11 pm By Cat Fredenburgh

Hytera will take another shot at winning court approval to amend its defence so it can blame Motorola for not alerting it to the alleged theft of the US telco’s source code by former employees sooner.

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Vittoria roasts Lavazza over ‘oro’ trade mark
Intellectual Property 2019-09-09 12:22 pm By Cat Fredenburgh

A simmering battle over the ‘oro’ trade mark has bubbled over, with Australian coffee giant Vittoria filing Federal Court proceedings alleging Italian competitor Lavazza has knowingly violated its trade mark for the Italian word gold.

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State Street can use evidence from Maurice Blackburn case in US suit against Fearless Girl artist
Intellectual Property 2019-09-06 11:45 pm By Christine Caulfield

State Street Global Advisors has been given the go-ahead to use evidence unearthed in its trade mark and copyright action against Maurice Blackburn over the iconic Fearless Girl statue as evidence in a related US lawsuit against the sculpture’s creator.

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Corner Hotel settles IP dispute with McDonald’s over hipster cafe
Intellectual Property 2019-09-04 1:40 pm By Cat Fredenburgh

A settlement has been reached in an intellectual property lawsuit brought by famed Melbourne pub The Corner Hotel against McDonald’s alleging the fast food chain’s experimental hipster cafe in Sydney violates its “Corner” trade marks.

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Aristocrat goes head to head with IP Australia over patentability of slot machine
Intellectual Property 2019-09-02 9:25 pm By Miklos Bolza

Gaming giant Aristocrat Technologies told a court that if its Lightning Link slot machine was a physical game there would be no doubt about its patentability, as trial kicked off Monday in another case that is pushing back on IP Australia’s stance on the patentability of computer-implemented inventions.

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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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Pfizer claims Juno infringing patent for post-op painkiller
Intellectual Property 2019-08-27 10:58 pm By Cat Fredenburgh

Two units of US pharmaceutical giant Pfizer have filed a lawsuit seeking damages from Juno Pharmaceuticals for allegedly infringing the patent for post-operative pain drug Dynastat.

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