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BMW says court can’t make funding order in Takata class actions
Allens 2018-09-19 8:40 pm By Miklos Bolza Sydney

BMW Australia plans to challenge the NSW Supreme Court’s power to create a common fund order spanning six class actions brought against major players in the automotive industry over defective and dangerous Takata air bags.

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Source code copyright fight settles before damages trial
Bird & Bird 2018-09-17 3:12 pm By Christine Caulfield Melbourne

On the eve of a hearing into damages, rival pavement engineering companies have resolved a copyright dispute that continued important law on what constitutes infringement of computer software source code.

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Auto giants ready to talk settlement in Takata class actions
Allens 2018-08-28 9:54 pm By Miklos Bolza Sydney

Six major car companies indicated Tuesday they were open to a quick settlement of class actions brought on behalf of potentially hundreds of thousands of Australian drivers whose cars were fitted with defective and deadly Takata airbags.

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Nurofen superiority claims breached consumer law, Full Court affirms
Bird & Bird 2018-08-24 11:19 am By Cat Fredenburgh Sydney

The Full Federal Court has shot down Reckitt Benckiser’s appeal of a ruling that it misled consumers with claims that its Nurofen is a more effective pain killer than rival GlaxoSmithKline’s Panadol.

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Judge overlooked crucial evidence in Nurofen case, Full Court hears
Bird & Bird 2018-08-20 10:23 pm By Miklos Bolza Sydney

A Federal Court judge skipped vital witness testimony when he ruled Reckitt Benckiser misled consumers about the effectiveness of its Nurofen painkiller, the pharmaceutical company told the Full Federal Court Monday.

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GSK slams ACCC’s ‘onerous’ compliance program in Voltaren case
Bird & Bird 2018-08-01 9:01 pm By Miklos Bolza Sydney

The final day of trial in the ACCC’s case over muscle gel Voltaren wrapped up Wednesday with a barrister for GlaxoSmithKline slamming as ‘onerous’ a compliance regime proposed by the consumer watchdog and blasting an injunction as unnecessary for a problem the pharmaceutical giant ‘inherited’ from Novartis.

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ACCC is not GSK’s compliance department, court told
Bird & Bird 2018-07-30 8:22 pm By Miklos Bolza Sydney

The first day of a liability hearing in a consumer case over GlaxoSmithKline’s marketing for its popular Voltaren products has seen an ACCC witness deflect accusations the regulator was vague about its misleading packaging concerns, placing the blame squarely on the pharmaceutical giant.

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GSK argues tube cap should cut penalties in ACCC Voltaren case
Bird & Bird 2018-06-08 9:35 pm By Miklos Bolza Sydney

GlaxoSmithKline is pushing for lower penalties in a case brought by the Australian Competition and Consumer Commission alleging the pharma giant breached the Australian Consumer Law in the marketing for its Voltaren Osteo Gel and Voltaren Emulgel pain relief products.

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Asiago cheese needn’t come from Italy, IP Australia rules
Bird & Bird 2018-06-05 11:13 pm By Miklos Bolza Sydney

IP Australia has ruled in part that cheese branded with the Asiago label need not be manufactured in the Asiago region in Italy, striking down an opposition to a trade mark filed by cheese producer Sartori Company.

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Wyeth says generic Effexor registration ‘not legitimate’
Article 2018-06-05 10:14 pm By Miklos Bolza Sydney

Three generic drug manufacturers cannot claim damages for an injunction barring the release of cheaper versions of Effexor-XR, even if the injunction was later overturned, pharmaceutical giant Wyeth told a judge on day two of a six-week trial over its blockbuster antidepressant.

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