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Claims of stolen docs at heart of new suit against Pfizer over vaccine patent
Intellectual Property 2019-07-16 9:48 pm By Miklos Bolza

Merck Sharp & Dohme has claimed ownership of a Pfizer patent related to the blockbuster Prevnar 13 vaccine, after a doctor who moved between the pharmaceutical companies and is listed as an author on the patent allegedly accessed confidential Merck documents before jumping ship to Pfizer.

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Subpoena not a ‘garden party invitation’: judge in pelvic mesh class action warns doctor groups
Class Actions 2019-07-16 8:05 pm By Amelia Birnie

A judge overseeing the pelvic mesh class action against Johnson & Johnson subsidiary Ethicon has questioned why three doctor’s professional bodies tried to negotiate court orders requiring them to hand over their member lists, agreeing the supboena was “not a garden party invitation”.

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Chris Gayle defeats defamation appeal by publishers despite lawyer going ‘too far’ at trial
Appeals 2019-07-16 4:52 pm By Miklos Bolza

The publishers of the Sydney Morning Herald, The Age and The Canberra Times have lost an appeal of a $300,000 defamation award to cricketer Chris Gayle, despite the appeals court finding Gayle’s barrister had gone “too far” in his submissions to the jury.

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Delegate says A2 milk common meaning bars ‘true A2’ trade mark
Intellectual Property 2019-07-16 3:19 pm By Cat Fredenburgh

The phrase true A2 is not inherently adapted to distinguish the A2 Milk Company’s products because A2 milk is commonly understood to signify less allergenic dairy products that do not contain the A1 protein, according to a now-published ruling that’s already been appealed by the dairy company.

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Vodafone avoids fine after agreeing to refund customers over misleading billing
Competition & Consumer Protection 2019-07-16 2:14 pm By Christine Caulfield

Telecommunications company Vodafone will refund thousands of customers misled by its direct carrier billing charges after an investigation by the consumer watchdog that saw Telstra and Optus fined $10 million for similar conduct.

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Ex-Hastie Services execs acquitted on conspiracy charges
White Collar 2019-07-15 10:50 pm By Cat Fredenburgh

Two former executives of Hastie Services have been cleared of criminal charges that they engaged in a conspiracy to falsify the company’s accounts, with a judge ordering the jury to enter verdicts of not guilty on all charges.

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Judge ‘troubled’ by bid to extend class closure order in UGL shareholder action
Class Actions 2019-07-15 10:26 pm By Christine Caulfield

A judge overseeing a class action against engineering company UGL has agreed to extend a class closure order to give the parties a second chance to resolve the case in mediation, but not without expressing concerns that the order did not have the intended effect of encouraging settlement at the first sit-down.

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Merck Sharp & Dohme loses key battle in trade mark case ahead of trial
Intellectual Property 2019-07-15 8:51 pm By Miklos Bolza

A court has barred US drug company Merck Sharp & Dohme from denying that an agreement made with German pharmaceutical company Merck KGaA was governed by German law, settling a key question before a trade mark case between the two drug giants goes to trial.

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Sportsbet loses application for ‘Same Game Multi’ trade mark
Intellectual Property 2019-07-15 7:10 pm By Amelia Birnie

Sportsbet’s application to register ‘Same Game Multi’ as a trade mark has been rejected, with the Registrar of Trade Marks relying on statements in the company’s own market research that its betting product should “do exactly what it says on the tin” to find the mark insufficiently distinctive.

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Judge wants contradictor’s view on Sydney light rail common fund
Class Actions 2019-07-15 3:11 pm By Miklos Bolza

The judge overseeing the Sydney light rail class action has ordered that a contradictor be appointed to weigh in on a proposed common fund order, which includes a 25 per cent commission for the funder that is backing the case.

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