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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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Common fund order issue can’t be decided in ‘evidentiary vacuum’, NSW appeals court says
Ashurst 2020-10-30 11:06 pm By Christine Caulfield Melbourne

The NSW Court of Appeal has passed on the question of whether a judge can make a common fund order when a class action settles to ensure a certain return to litigation funders, but the issue is not going away, whatever the Federal Court’s decision in a parallel case.

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‘Big fat CFO’ incentives would distort class action scheme, BMW tells court
Alexander Edwards 2020-10-27 8:48 pm By Miklos Bolza Sydney

Luxury car maker BMW has told the NSW Court of Appeal that the courts do not have power to make common fund orders at any stage of a group proceeding, arguing that such orders would distort the scope of the class action regime by encouraging litigation funders to pursue lawsuits.

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Mayfair’s Mawhinney can’t stop trial prep in ASIC cases
Ashurst 2020-10-22 4:57 pm By Miklos Bolza Sydney

James Mawhinney, director of the besieged Mayfair Group, has lost his bid to slow down two proceedings filed by ASIC which he claims will have a “catastrophic” effect on his business, staff and investors.

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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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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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In plea to court, Mayfair’s Mawhinney tries to salvage Mission Beach investments
Ashurst 2020-10-13 3:43 pm By Miklos Bolza Sydney

The director of the besieged Mayfair investment group will submit a new noteholder proposal to the court in an effort to stave off the winding up of M101 Nominees and salvage his multi-million dollar Dunk Island and Mission Beach investments.

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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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Zip Co crushes Flexigroup’s ‘No Interest’ trade mark
Ashurst 2020-10-09 10:01 pm By Cat Fredenburgh Melbourne

Fintech Zip Co has successfully opposed rival Flexigroup’s attempt to trade mark ‘No Interest Ever!’, in the latest trade mark battle between buy now, pay later service providers in Australia.

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ASIC drops investigation into company that filed $10M defamation lawsuit
Andrew Harding 2020-10-07 5:09 pm By Miklos Bolza Sydney

The Australian Securities and Investments Commission has dropped its investigation into trading firm Select Vantage, which brought an unsuccessful $10 million defamation suit against the regulator.

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