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Flexigroup tries again to overcome Zip opposition to ‘no interest’ trade mark
Appeals 2020-10-19 9:46 am By Cat Fredenburgh Melbourne

Fintech Flexigroup has appealed rival Zip Co’s successful opposition to its ‘No Interest Ever!’ trade mark, which an IP Australia delegate found was a laudatory phrase incapable of distinguishing the goods of a single trader.

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CFMEU wins Full Court challenge to ‘serial offender’ penalty
Appeals 2020-10-16 11:52 pm By Christine Caulfield Melbourne

A history of serial offending by the CFMEU could be factored into a court’s finding on the gravity of later breaches of the Fair Work Act, but not to the extent that the union pays a disproportionate penalty, the Full Federal Court has found in a significant ruling that settles conflicting case law.

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Qantas appeals court’s finding that it misapplied JobKeeper
Appeals 2020-10-15 11:27 am By Cat Fredenburgh Melbourne

Qantas Airways will challenge a court’s finding that it incorrectly applied the JobKeeper scheme and underpaid its staff.

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Judge says Robodebt class action claims ‘weak’, but refuses government’s appeal bid
Appeals 2020-10-14 9:31 pm By Miklos Bolza Sydney

A judge has refused an application by the Federal Government to appeal the expansion of the Robodebt class action pleadings despite finding the case was “troubling”, “weak” and in certain aspects “[made] no sense whatsoever”.

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Nine loses appeal of $3.7M defamation award over 60 Minutes floods report
Appeals 2020-10-13 5:16 pm By Miklos Bolza Sydney

The Nine Network has lost its challenge to a $3.7 million defamation judgment awarded to a prominent Queensland family over a 60 Minutes report that implied they were to blame for a 2011 flood event that killed 12 people.

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Boehringer appeals win for Merck in parasite patent spat
Appeals 2020-10-13 12:00 pm By Cat Fredenburgh

Pharmaceutical company Boehringer Ingelheim will take another crack at opposing a patent application for an injectable anti-parasite drug for livestock by a subsidiary of competitor Merck Sharp & Dohme.

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ATO wins appeal in $60M tax dispute with Healius
Appeals 2020-10-12 6:46 pm By Cat Fredenburgh Sydney

The Australian Taxation Office has secured a Full Federal Court victory in its $60 million tax battle with Healius, overturning a ruling that found the healthcare company could claw back a multi-million dollar tax refund.

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Arrow drops opposition to Novartis patent for MS drug, despite win before IP Australia
Appeals 2020-10-12 2:35 pm By Miklos Bolza Sydney

The Federal Court has upheld Novartis’ appeal of a ruling revoking its patent for an oral form of multiple sclerosis drug Gilenya, after Australian generic drug maker Arrow Pharmaceuticals dropped its opposition to the patent despite prevailing before IP Australia.

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Full Court gives Branhaven another shot at bovine gene patent
Agriculture 2020-10-09 3:57 pm By Cat Fredenburgh Melbourne

Australia’s leading livestock group cannot block US company Branhaven from amending its application for a bovine genome patent, which the group has worried could harm the Australian cattle industry’s ability to use genetic tests.

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High Court won’t hear Rokt appeal on software patentability
Appeals 2020-10-08 9:53 pm By Cat Fredenburgh Melbourne

The High Court has declined to weigh in on the patentability of software, rejecting e-commerce company Rokt’s bid for review of a decision striking down its marketing invention.

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