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

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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‘Industrial activity’ under Fair Work Act doesn’t extend to spat over worksite amenities, court says
Andrew Denton 2020-11-12 7:25 pm By Christine Caulfield Melbourne

In an important ruling that confines the scope of “industrial activity” under the Fair Work Act, the Full Federal Court has overturned a $50,000 fine against the CFMEU and two officials for organising a work stoppage at a Brighton construction site that the union said needed a female toilet.

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

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 questions power to hold class action contests
Adam Hochroth 2020-11-11 11:57 pm By Christine Caulfield Melbourne

That a first filed case should be the presumptive winner in a competition between class actions seemed a losing argument before the High Court on Tuesday as the justices weighed a challenge to a ruling picking one among a group of class actions against AMP, but the court also appeared skeptical of the power to hold wide ranging inquiries into the merits of competing cases.

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

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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Class action beauty parade takes centre stage at High Court
Adam Hochroth 2020-11-09 10:56 pm By Christine Caulfield Melbourne

The eyes of class action lawyers will be on the High Court Tuesday as it hears arguments over a judge’s power to choose a single class action among competing proceedings and what, if anything, should be made of a case’s funding structure and likely returns to group members when picking a winner.

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Qantas employee fired for viewing porn on company iPad loses appeal
Andrew Pollock 2020-11-09 4:38 pm By Spencer Fowler Steen Melbourne

A 59-year-old Qantas engineer who used his company-issued iPad to view pornographic material while at work has lost his unfair dismissal appeal.

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Glencore largely prevails in ATO appeal over $92M tax fight
Appeals 2020-11-06 9:57 pm By Miklos Bolza Sydney

Mining giant Glencore has mostly defeated an appeal by the Australian Taxation Office in their tax fight, and will only have to pay $2 million of a $92 million bill relating to the sale of copper from a mine in Cobar, NSW.

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

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
Appeals 2020-11-04 7:00 pm By Miklos Bolza Sydney

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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