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Wyeth slams Merck Sharp & Dohme’s ‘baseless’ invalidity claim in vaccine trial
Allens 2018-12-04 3:44 pm By Miklos Bolza

Pharmaceutical giant Wyeth has accused Merck Sharp & Dohme of a “baseless” patent invalidity case, saying on the second day of trial over the world’s best selling vaccine that the development of its patented Prevnar 13 pneumococcal shot was anything but obvious, as its rival contends.

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Class action over botched breast surgery survives declassing bid
Barry Nilsson Lawyers 2018-12-04 3:15 pm By Christine Caulfield

A chain of cosmetic surgery clinics has lost its fight to have a class action of over 200 patients allegedly injured by botched breast augmentation surgery discontinued as a representative proceeding.

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Queensland flood class can add evidence after ‘trial by ambush’
Class Actions 2018-12-04 1:37 pm By Cat Fredenburgh

A judge overseeing the marathon hearing in the class action over the 2011 Queensland floods has allowed the lead applicant to submit further evidence after it claimed defendant Seqwater engaged in “trial by ambush”.

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CBA open to consolidation of dual class actions
Class Actions 2018-12-04 12:11 pm By Miklos Bolza

The Commonwealth Bank of Australia is open to a proposal to consolidate two shareholder class actions filed over alleged breaches of anti-money laundering and counter-terrorism laws, but will address any “devil in the details”, a lawyer for the bank told a court Tuesday.

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Ernst & Young says previous Quintis auditor should share any blame
Bannister Law 2018-12-03 11:08 pm By Christine Caulfield

Accounting giant Ernst & Young, which is accused in a class action of misleading and deceptive conduct in signing off on the 2015 and 2016 financial reports of sandalwood producer Quintis, has named the company’s previous auditor as partly to blame in any finding of liability.

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In tossing Made In Australia case, court clarifies ‘substantial transformation’ test
Australian Government Solicitor 2018-12-03 8:49 pm By Miklos Bolza

A court has ruled that Chinese vitamin company Nature’s Care cannot sell its imported fish oil and vitamin D with the ‘Made in Australia’ logo because the product fails to meet the required country-of-origin labelling provisions.

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Merck Sharp & Dohme attacks Wyeth’s ‘broad’ patent claims for Prevnar 13 vaccine
Allens 2018-12-03 8:24 pm By Miklos Bolza

A showdown between global pharmaceutical giants over the world’s best selling vaccine began Monday in Federal Court, with Merck Sharp & Dohme claiming three patents for Prevnar 13 sold by Pfizer’s Wyeth are invalid and that its own vaccine offers greater protection against pneumococcal bacteria.

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Landmark to pay $1M in ACCC case over barley claims
Agriculture 2018-12-03 1:48 pm By Christine Caulfield

Grain supplier Seednet has agreed to pay $1 million to settle an enforcement action by the consumer watchdog alleging it misled farmers about the performance of its latest barley variety.

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Shareholder cases account for 50% of new class actions, report says
Allens 2018-11-30 10:50 pm By Christine Caulfield

Shareholder cases made up half of all class actions filed in the past two years, and are to blame for an “unprecedented spike” in class actions, according to a new report by a leading defence law firm.

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Allianz policy exclusion dooms United Petroleum unit’s fire damage claim
Energy & Natural Resources 2018-11-30 10:38 pm By Cat Fredenburgh

A Queensland ethanol refinery, owned by United Petroleum, has lost a dispute with its insurer Allianz Australia over coverage for damage resulting from a 2016 fire.

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