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GSK, Novartis agree to $4.5M penalty for misleading Osteo Gel claims
Bird & Bird 2020-05-04 3:40 pm By Alison Eveleigh

GlaxoSmithKline and Novartis have agreed to a combined penalty of $4.5 million after the Australian Competition and Consumer Commission accused the pharmaceutical giants of making misleading claims in marketing their Voltaren Osteo Gel and Voltaren Emulgel pain relief products.

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Trade mark blues: Italian consortiums fail to protect their cheeses   
Bird & Bird 2020-04-14 8:15 pm By Alison Eveleigh

Two Italian cheese consortiums have failed in separate bids to trade mark their respective cheeses, Gorgonzola and Asiago, with delegates ruling the trade marks were not capable of distinguishing each consortium’s products from other cheeses.

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Global teleco BT sues former COO for jumping ship to Japan’s NTT
Bird & Bird 2020-04-09 2:02 pm By Miklos Bolza

The Australian arm of global telecommunications firm BT Group has filed legal action against a former chief operating officer who jumped ship to Japanese competitor NTT.

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Producer behind Golden Girls puppet show loses defamation case against collaborators
Banki Haddock Fiora 2020-03-09 5:30 pm By Christine Caulfield

A theatre producer facing a lawsuit by his former collaborators for stealing the script for his off-Broadway puppet show parody of the 80s TV sitcom Golden Girls has lost his own legal action against them, which alleged they defamed him and engaged in misleading and deceptive conduct by talking to a New York Times reporter about their lawsuit.

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Courts criticised for losing sight of justice in Takata airbag class closure challenge
Acting Justice Arthur Emmett 2020-02-19 8:38 pm By Miklos Bolza

The lead applicants in seven class actions against auto manufacturers over explosive Takata airbags have criticised the courts for losing their way in ensuring justice is done, in a landmark challenge to class closure orders made in the cases.

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BlueScope tried to protect ‘invalid monopoly’ by withholding trade secrets, judge says
Adrian Ryan 2020-01-14 11:55 am By Miklos Bolza

BlueScope’s decision to hide its trade secrets has doomed its patent infringement lawsuit against South Korean rival Dongkuk Steel, with a judge dismissing the case and invalidating two of the steel giant’s patents.

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Full Court says Oxworks wrongly awarded extra damages in patent suit
Anthony Franklin 2020-01-09 5:14 pm By Miklos Bolza

The Full Federal Court has provided clarity around additional damages in patent cases by reducing the penalties liable to be paid by an Australian fencing and gate manufacturer found to have infringed a rival’s patent for a fence base.

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Globaltech sues Reflex Instruments over mining tech sold to Boart Longyear
Adrian Ryan 2019-11-06 7:19 pm By Miklos Bolza

Technology firm Globaltech Corporation has filed Federal Court proceedings against rival Reflex Instruments for selling two mining survey devices to drilling company Boart Longyear that allegedly infringe its patent.

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Insurance director’s royal commission comments create ‘forensic challenge’ in ASIC case, judge says
Anthony Cheshire 2019-10-04 8:35 pm By Miklos Bolza

Comments made by the director of three firms accused of pushing life insurance onto vulnerable consumers during the banking royal commission may come back to haunt him in a civil penalties proceeding brought by the Australian Securities and Investments Commission.

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Going Wayback: The current state of using wayback machine evidence in court
Bird & Bird 2019-09-27 8:45 pm By WP Creative

The admissibility of print-outs from the “Wayback Machine – Internet Archive” website is increasingly being considered by the Federal Court of Australia. The decision of Justice Burley in Dyno Nobel Inc v Orica Explosives Technology Pty Ltd on September 17 provides clear insight to the court’s approach to Wayback evidence and the circumstances in which it might be admissible, writes Bird & Bird’s Lynne Lewis and Angelica Sorn.

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