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Court throws out Merck Sharp & Dohme’s Januvia patent extension
Australian Government Solicitor 2021-08-12 2:29 pm By Miklos Bolza Sydney

The Federal Court has dealt US drug giant Merck Sharp & Dohme a devastating blow, overturning an “untenable” patent term extension which would have protected the monopoly of its multibillion-dollar Januvia and Janumet diabetes drugs beyond July 2o22.

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Recovery concerns flagged in CBA class action
CBA 2021-08-12 2:48 pm By Cindy Cameronne Sydney

The applicant in a class action on behalf of hundreds of thousands of Colonial First State Investments customers has raised concerns about whether he can recover compensation from a CBA life insurance unit that was recently sold to a competitor.

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‘Why cannot our own creations also create?’: AI can be inventor on patent, court finds
Allens 2021-07-30 12:39 pm By Cat Fredenburgh Melbourne

A judge has found artificial intelligence can be named as the inventor on a patent application, setting aside an IP Australia finding that allowing a machine to be considered an inventor would render the Patents Act incapable of “sensible operation”.

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CBA class action applicant can’t share in group members’ privilege, court finds
Alexandra Folie 2021-07-27 6:10 pm By Miklos Bolza Sydney

The lead applicant in a class action against CBA does not have the right to view fund management documents relevant to the case despite representing group members who share joint privilege with the bank over material, a judge has said, acknowledging the decision could create difficulties in class action proceedings.

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After GetSwift, judge could not hear split trial in Revlimid patent case, court told
Christian Dimitriadis 2021-07-20 8:39 pm By Christine Caulfield Melbourne

A proposal by Bristol-Myers Squibb-owned Celgene to split a second trial into two more hearings in a dispute over patents covering the pharmaceutical maker’s top selling cancer drug Revlimid would result in wasted costs, wasted time and require a second judge, a court has been told.

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IP Australia accuses judge of ‘impermissible gloss’ on patent term extension law
Appeals 2021-07-15 5:29 pm By Cindy Cameronne Sydney

IP Australia has appealed a ruling granting drug company Ono Pharmaceutical a patent extension for a cancer immunotherapy drug, calling it an “impermissible gloss” on the Patents Act that is at odds with the law’s purpose.

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Quaker asks High Court to weigh in on ‘grace period’ for publicly disclosing inventions
Andrew Fox 2021-06-28 1:30 pm By Cat Fredenburgh Melbourne

US chemical company Quaker Chemical is seeking special leave from the High Court to appeal a Full Court judgment that found its patents for quickly detecting high pressure fluid injection injuries on site were not novel because the company had disclosed them in public prior to applying for registration with IP Australia.

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Judge orders tweak to CBA insurance rort class action
Allens 2021-06-22 5:20 pm By Miklos Bolza Sydney

The lead applicants in a class action against two CBA units over allegedly excessive insurance premiums have been ordered to amend their pleadings to expand the group definition and add more detail to their claims.

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Full Court upholds Sequenom’s win in patent battle over prenatal genetic tests
Adrian Ryan 2021-06-21 6:34 pm By Miklos Bolza Sydney

The Full Federal Court has upheld US biotech company Sequenom’s  patent for a noninvasive prenatal genetic test, rejecting rival Ariosa Diagnostic’s argument that the patent merely described a way to extract incorporeal genetic information.

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AMP launches bid to declass excessive insurance class action
AMP 2021-06-18 12:03 pm By Miklos Bolza Sydney

AMP and a number of its financial planning subsidiaries have launched a bid to declass a group proceeding jointly run by Piper Alderman and Shine Lawyers over allegedly excessive insurance premiums.

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