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Australia should follow US’ lead and reject Hytera’s delay defence, court hears
Angus Lang 2019-11-25 9:44 pm By Miklos Bolza Sydney

Motorola has urged the Full Federal Court to uphold a decision dismissing an amended defence by Chinese rival Hytera Communications that sought to blame the US tech company for not alerting it to the alleged theft of its source code sooner, saying a similar argument had already failed in an ongoing trade secrets case in the US.

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Rio Tinto subsidiary wins on appeal after IP Australia rejects mining patent
Christian Dimitriadis 2019-11-18 10:08 pm By Cat Fredenburgh Melbourne

Rio Tinto subsidiary Technological Resources has successfully challenged a decision by IP Australia to reject a patent application for a method of separating mined material, with a judge finding the claimed invention was not a collection of mere working directions as a delegate had found.

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ASIC wins appeal in Westpac ‘personal advice’ case
Allens 2019-10-28 2:06 pm By Cat Fredenburgh Melbourne

The Full Federal Court has handed the Australian Securities and Investments Commission a win in a high-stakes appeal over what constitutes personal advice under financial services laws, finding Westpac violated its duty to act in its customers best interests through a superannuation rollover campaign.

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‘Hostile, aggressive’: Former AMP general counsel alleges bullying in $2.7M lawsuit
AMP 2019-10-24 3:34 pm By Miklos Bolza Sydney

A former AMP general counsel responsible for preparing the financial giant for the banking royal commission has launched a $2.7 million lawsuit alleging “hostile, aggressive and intimidating behaviour” by superiors in response to formal complaints she made about the company’s fees for no services practices.

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APRA won’t appeal loss in IOOF case
Arnold Bloch Leibler 2019-10-17 5:08 pm By Cat Fredenburgh Melbourne

The Australian Prudential Regulation Authority will not challenge a Federal Court ruling that dismissed its case against fund manager IOOF as “unpersuasive”, “fundamentally inadequate” and “tenuous in the extreme”.

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Ex-Pizzeys patent attorneys deny using confidential info to poach clients
Bennett & Philp Lawyers 2019-10-16 8:35 pm By Miklos Bolza Sydney

Two patent attorneys being sued by boutique IP firm Pizzeys Patent and Trade Mark Attorneys are resisting an application for preliminary discovery, denying the firm’s claim that they misused confidential information to poach clients.

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Tucker & Cowen loses second bid to dodge $17.5M Equititrust case
Bianca Kabel 2019-10-07 12:00 pm By Miklos Bolza Sydney

Two name partners at law firm Tucker & Cowen have lost another attempt to dismiss a case brought against them by the receivers of failed fund manager Equititrust over $17.5 million in funds allegedly obtained by deceptive means.

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ASIC can use PwC partner’s evidence in case against Rio Tinto
Allen & Overy 2019-10-03 8:20 pm By Cat Fredenburgh Melbourne

The Australian Securities and Investments Commission has won its bid to use evidence from US proceedings in its case against Rio Tinto alleging the mining giant misled shareholders about a Mozambique mining company purchased for US$4.2 billion.

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Seiko wins general injunction against Calidad in ink cartridge patent case
Allens 2019-09-27 11:11 pm By Christine Caulfield Melbourne

Imposing an injunction in general form against a patent infringer is not an undue burden in and of itself, the Full Federal Court has ruled in siding with printer giant Seiko Epson in its ongoing intellectual property fight with cartridge reseller Calidad.

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James Estate Wines liquidator wins court OK to pursue $57M lawsuit against ANZ
CCSG Legal 2019-09-24 9:00 pm By Miklos Bolza Sydney

The special purpose liquidator appointed to four companies in the collapsed James Estate Wines group has been given the go-ahead by a judge to enter into a litigation funding arrangement with the conglomerate’s former director and pursue $57.1 million in potential claims against ANZ Banking Group.

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