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Full Court urged to take ‘nuanced’ view of software patentability
Intellectual Property 2018-11-08 8:40 pm By Miklos Bolza

Fintech company Encompass has asked the Full Federal Court to take a more “nuanced” approach to software patentability than the one currently held by IP Australia, on the first day of a high-stakes appeal over the patentability of computer-related inventions.

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AMS says vaginal mesh claims don’t meet bar for class action
Product Liability 2018-11-08 2:45 pm By Cat Fredenburgh

Medical device maker AMS has told the Federal Court that claims in a class action against it over allegedly defective pelvic mesh implants did not meet the standard for a representative proceeding.

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Bank of Queensland loses fight with insurer over $6M class action settlement
Insurance 2018-11-07 10:22 pm By Cat Fredenburgh

Bank of Queensland has lost a dispute with two insurers over coverage for a $6 million settlement of a class action brought by investors in a Ponzi scheme by jailed scammer Bradley Sherwin, with a judge shooting down the bank’s argument that the class action should only be considered one claim under the policy.

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Judge can’t see ‘sinister pattern’ in Geoffrey Rush’s behaviour
Defamation 2018-11-07 10:16 pm By Miklos Bolza

The judge overseeing Geoffrey Rush’s defamation trial interjected in Nationwide News’ closing submissions on Wednesday, expressing doubt about the publisher’s interpretation of evidence — including a text message with a tongue emoji Rush sent to his accuser — said to back its defence in the case.

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Sarah Hanson-Young’s defamation case survives Leyonhjelm’s dismissal bid
Defamation 2018-11-07 9:50 pm By Christine Caulfield

A defamation case brought by Greens senator Sarah Hanson-Young against fellow senator David Leyonhjelm will go ahead after Leyonhjelm lost a bid to shut the suit down on the grounds of parliamentary privilege.

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Hytera must hand over Chinese docs in Motorola spat, judge says
Intellectual Property 2018-11-06 9:06 pm By Cat Fredenburgh

Shenzen-based radio manufacturer Hytera Communications has lost a bid to circumvent its discovery obligations in an ongoing patent dispute with Motorola, with a Federal Court judge rejecting its claims that supplying the documents could breach Chinese state secret and cybersecurity laws.

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Judge orders change to opt out notice after Maddens lawyer’s ‘misleading’ comments
Class Actions 2018-11-06 3:19 pm By Cat Fredenburgh

A judge has ordered changes be made to the opt out notice in three class actions over the 2018 St. Patrick’s Day bushfires in South West Victoria, after insurers complained comments made by a Maddens principal to a local newspaper were misleading.

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Daily Telegraph can’t call ‘Witness X’ at Geoffrey Rush trial
Defamation 2018-11-06 3:07 pm By Miklos Bolza

The Daily Telegraph publisher Nationwide News has lost a bid to amend its defence in Geoffrey Rush’s defamation case to include evidence from an unnamed witness it claimed would support the imputation that Rush engaged in sexual misconduct, with the judge saying the prejudice to Rush would be “manifest and palpable”.

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Second judge steps down ahead of Queensland Nickel trial
Restructuring & Insolvency 2018-11-05 11:00 pm By Cat Fredenburgh

Billionaire Clive Palmer has succeeded in knocking a second judge off a case brought against him by the liquidators of failed Queensland Nickel, after arguing that a previous ruling disqualified him.

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Otsuka defence threatened in Abilify patent case
Intellectual Property 2018-11-05 9:03 pm By Miklos Bolza

The Commonwealth of Australia is weighing a bid to strike out Otsuka Pharmaceutical’s defence as the government seeks lost subsidies after an almost seven-year long patent dispute over the antipsychotic drug, Abilify.

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