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Full Court deals drug companies a blow on patent term extensions
Appeals 2022-03-18 10:27 pm By Miklos Bolza Sydney

The Full Court has upheld two judgments that shortened patent term extensions granted to Merck Sharpe & Dohme and Ono Pharmaceuticals, finding the extension regime cannot be construed as achieving a “commercial outcome for a patentee”.

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In-N-Out Burgers settles trade mark suit against ‘ghost kitchen’ operator
Baker McKenzie 2022-03-18 9:58 pm By Miklos Bolza Sydney

American fast food chain In-N-Out Burgers has settled a trade mark dispute with a Queensland fast food business that operates “ghost kitchens” under the name In & Out Aussie Burgers.

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Judge tosses Novartis experts out of ‘hot tub’ in MS drug patent dispute
Ben Mee 2022-03-18 5:54 pm By Miklos Bolza Sydney

A judge has slammed Novartis for putting forward four “overlapping” experts in a dispute with Pharmacor over patents for its MS drug Gilenya and thrown three of those experts out of an upcoming joint conferral, known as a “hot tub”.

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Judge pans ‘inappropriate’ class action reforms, says courts have it covered
Class Actions 2022-03-18 5:36 pm By Cindy Cameronne Sydney

A Federal Court judge has criticised “inappropriate” class action reforms pushed by the government, saying the courts have done a “good job” of crafting solutions to deal with issues that arise in the class action regime.

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Climate change appeal decision: End of the road for novel duty of care?
Appeals 2022-03-18 2:11 pm By WP Creative

The Full Federal Court was emphatic in its decision that the environment minister does not owe a duty of care to Australian children to shield them from climate change harm, but there is no doubt the law will be put to the test again soon, says Corrs Chambers Westgarth’s Louise Camenzuli, Julia Green and Max Newman.

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ASIC seeks recusal of former Freehills lawyer in costs spat with ex-Tennis Australia boss
Aaron Weinstock 2022-03-18 1:17 pm By Miklos Bolza Sydney

ASIC has asked a Federal Court registrar who previously worked at Herbert Smith Freehills to step down from overseeing remaining costs disputes in its failed case against former Tennis Australia president Steven Healy, who is represented by the Big Six firm.

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Ousted MinterEllison boss appointed CEO of Victorian gaming authority
Business of Law 2022-03-17 10:33 pm By Sam Matthews Melbourne

The Victorian Gambling and Casino Control Commission has appointed former MinterEllison managing partner Annette Kimmitt as CEO after an “extensive” recruitment process, a year to the month after she was shown the door at the Big 6 firm for her controversial staff emails about a partner’s work for then Attorney-General Christian Porter. 

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AFCA lacked impartiality in decision against IronFX, court rules
David Sulan 2022-03-17 10:16 pm By Cindy Cameronne Sydney

Online trading platform IronFX has won its action against the Australian Financial Complaints Authority over a finding it wrongfully caused an 83 year-old French resident to lose his life savings.

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‘Dangerous nature of loan’ enough to find lenders acted unconscionably, High Court says
Ajzensztat Jeruzalski & Co 2022-03-17 10:01 pm By Miklos Bolza Sydney

The High Court has found that three asset-based lenders behaved unconscionably when they enforced thir rights under a $1.2 million loan made to a vulnerable consumer secured by a mortgage over his properties.

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Government replaces banks as top class action target
Allens 2022-03-17 5:35 pm By Miklos Bolza Sydney

The government sector has overtaken banking and finance as the most frequent target of class actions, according to a new report.

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