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Pfizer can’t get discovery in anticipation of Sandoz’ Enbrel biosimilar, judge says
Appeals 2020-12-03 11:00 pm By Cat Fredenburgh Melbourne

A judge hearing Pfizer’s application for preliminary discovery against Sandoz over its possible launch of an Enbrel biosimilar has found that such an application must be based on a current belief that the applicant could be entitled to relief.

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Court grants Wyeth injunction in Prevnar 13 patent dispute
Allens 2020-12-03 4:53 pm By Cat Fredenburgh Melbourne

A judge has enjoined Merck Sharpe and Dohme from launching its 15-valent pneumococcal conjugate vaccine after finding it would infringe claims of a Wyeth patent for its Prevnar 13 vaccine, despite MSD’s argument that barring it from launching the vaccine would be contrary to the public interest.

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Coca-Cola Amatil infringed container patent, lawsuit claims
Food and Beverage 2020-12-01 1:26 pm By Cat Fredenburgh Melbourne

Coca-Cola Amatil is facing a lawsuit for allegedly infringing an Australian company’s patent for a drink container allegedly used in popular  products like Mount Franklin water and Powerade sports drink.

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Settlement reached in Illinois Tool Works lawsuit over concrete patent
Davies Collison Cave 2020-12-01 10:16 am By Cat Fredenburgh

An Australian concrete product maker has settled a lawsuit brought by US industrial equipment manufacturer Illinois Tool Works over its patents for precast concrete products.

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Advanta patent lapses after renewal correspondence sent to departed employees
Agriculture 2020-11-25 4:29 pm By Cat Fredenburgh

Advanta Seeds has been denied more time to pay renewal fees for its patent for a hybrid plant cell after correspondence from its lawyers about the renewal was sent to employees that had left the company and the patent renewal fell through the cracks during a 2016 systems upgrade.

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Pfizer loses discovery lawsuit against Sandoz over Enbrel biosimilar
Appeals 2020-11-13 4:58 pm By Cat Fredenburgh Melbourne

A judge has dismissed Pfizer’s bid for preliminary discovery to pursue a possible patent infringement case against drug maker Sandoz over a generic version of its blockbuster rheumatoid arthritis biologic Enbrel.

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High Court won’t hear Kraft, Bega peanut butter trade dress dispute
Addisons 2020-11-13 4:27 pm By Cat Fredenburgh Melbourne

The High Court won’t wade into Kraft-Heinz’s intellectual property dispute with Bega after the US food giant came up short twice its battle over the right to use its peanut butter trade dress in Australia.

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In loss for Seiko, High Court adopts patent exhaustion doctrine
Appeals 2020-11-12 1:16 pm By Cat Fredenburgh Melbourne

The High Court has ruled that a patentee’s rights to control what can be done with a patented product after it is sold are “exhausted” upon sale.

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High Court set to rule on patent exhaustion in ink cartridge case
Allens 2020-11-11 2:23 pm By Cat Fredenburgh Melbourne

The High Court will hand down its highly anticipated decision in a patent dispute between printer giant Seiko Epson and ink cartridge reseller Calidad on Thursday, a ruling expected to provide clarity on the the rights of businesses to modify patented goods.

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Trendy Aussie handbag not a work of artistic craftsmanship, court rules
Gadens 2020-11-10 12:53 pm By Christine Caulfield Melbourne

The Australian maker of a trendy neoprene handbag sold at high-end retailers has lost a copyright lawsuit over alleged knockoffs, with a judge finding the tote was at most an “evolution in styling” and not a work of artistic craftsmanship with copyright protection.

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