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Wyeth defends validity of patents in trial over best-selling Prevnar 13 vaccine
Intellectual Property 2019-02-07 11:06 pm By Miklos Bolza

Pharmaceutical giant Wyeth has shot down arguments by rival Merck Sharp & Dohme that its Prevnar 13 vaccine lacked inventiveness, saying during the closing submissions of a high-stakes patent trial that up until it developed the top-selling shot scientists thought there was a “ceiling” of 11 types of pneumococcal bacteria that could be included in a single vaccine.

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Court overturns $2.8M Microsoft IP judgment against computer retailer
Intellectual Property 2019-02-07 10:35 pm By Cat Fredenburgh

A Melbourne computer retailer has won its appeal of a $2.8 million damages award for allegedly violating Microsoft’s Windows 7 IP, with a judge overturning the ruling by Justice Alexander ‘Sandy’ Street and ordering a rehearing before a new judge.

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Judge tosses ‘fanciful’ St. Patrick’s Day bushfire class action
Class Actions 2019-02-07 9:45 pm By Cat Fredenburgh

A judge has dismissed a class action against Powercor over a bushfire in the Gazette area of South West Victoria on St. Patrick’s Day 2018, calling the allegations “fanciful”.

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‘Likely’ GetSwift class action settlement should not be delayed by High Court appeal, judge says
Class Actions 2019-02-07 9:36 pm By Christine Caulfield

A judge won’t defer the opt-out notice in a shareholder class action against GetSwift pending the High Court’s decision on a special leave application to revive a competing class action, saying the sooner the case settles the better.

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Food franchisors to face ACCC scrutiny
Franchises 2019-02-07 7:36 pm By Cat Fredenburgh

Café, restaurant and take away food services franchisors, which have faced criticism and litigation for allegedly misleading franchisees, will now face heightened scrutiny from the Australian Competition and Consumer Commission.

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Coles manager who harassed staff with Facebook friend requests not unfairly fired, FWC says
Employment 2019-02-06 11:49 pm By Cat Fredenburgh

A Coles manager who sexually harassed and bullied young female employees by touching them and asking them to friend him on Facebook was fired by the supermarket giant for a valid reason, the workplace umpire has found.

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Fairfax won’t drop suit against Network 10 over Boss trade mark
Intellectual Property 2019-02-06 10:54 pm By Cat Fredenburgh

Fairfax Media is moving forward with a lawsuit against Network Ten over the alleged infringement of its “Boss” trade mark, even after the TV broadcaster agreed to stop using the name.

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Sarah Hanson-Young wants Leyonhjelm to pay her legal bill for unexplained court absence
Defamation 2019-02-06 10:37 pm By Christine Caulfield

Greens senator Sarah Hanson-Young, who is suing fellow senator David Leyonhjelm for defamation, has asked a court for the costs of having her lawyers appear at a hearing for which his side failed, without explanation, to appear.

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Maurice Blackburn drops investigation of Opal Tower class action
Class Actions 2019-02-06 9:48 pm By Christine Caulfield

Maurice Blackburn has dropped its investigation of a possible class action on behalf of owners of units in Sydney’s faulty Opal Tower, but Corrs Chambers Westgarth is still pursuing a potential case.

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Rival law firms backpedal in deal over competing Commonwealth Bank class actions
Class Actions 2019-02-06 9:11 pm By Miklos Bolza

Law firms Maurice Blackburn and Phi Finney McDonald have stepped back from a proposed consolidation of their class actions against the Commonwealth Bank of Australia and want to run their own cases again, but now with “harmonised” pleadings.

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