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High Court won’t hear Rokt appeal on software patentability
Appeals 2020-10-08 9:53 pm By Cat Fredenburgh Melbourne

The High Court has declined to weigh in on the patentability of software, rejecting e-commerce company Rokt’s bid for review of a decision striking down its marketing invention.

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‘That rare bird, the smoking gun’: Judge orders Minetek employee’s laptop searched for confidential info
Bird & Bird 2020-10-06 2:07 pm By Christine Caulfield Sydney

Engineering company Howden Australia can view the laptop and other electronic devices of an employee accused of stealing confidential information, after a judge found there was evidence suggesting the worker had not been “entirely truthful” with the court.

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Air France loses bid to limit injunction in ‘Love Is In The Air’ copyright case
Banki Haddock Fiora 2020-10-05 4:36 pm By Cat Fredenburgh Melbourne

A judge has issued a broader injunction barring Air France from using the song ‘Love Is In The Air’ than the one proposed by the airline, after finding an Oregon electronic duo’s song which was licenced to Air France copied the 1977 disco hit.

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Merck Sharp & Dohme settles trade mark spat with German drug company
Corrs Chambers Westgarth 2020-10-05 12:45 pm By Cat Fredenburgh Melbourne

US drug company Merck Sharp & Dohme has settled trade mark litigation brought by German drug maker Merck KGaA alleging it violated a 1970 agreement by using the “Merck” mark in Australia.

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‘Battle of the burgers’: McDonald’s fires up claim over cheeky Hungry Jack’s ad
Addisons 2020-10-02 11:18 am By Miklos Bolza Sydney

Fast food giant McDonald’s will expand its lawsuit against rival Hungry Jack’s to bring a misleading and deceptive conduct allegation over an ad that claims the Big Jack burger is “clearly bigger” than the Big Mac.

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Sour grapes: Accolade appeals loss over Burge kids’ trade marks
Food and Beverage 2020-09-28 8:16 pm By Christine Caulfield Sydney

The Australian arm of global winemaker Accolade Wines has filed Federal Court proceedings opposing three trade mark applications by the children of a South Australian wine producing couple that sold Grant Burge Wines to Accolade more than five years ago.

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Designer hit with indemnity costs for bikini trade mark suit that ‘cried out to be settled’
Actuate Legal 2020-09-28 4:21 pm By Christine Caulfield Melbourne

Women’s fashion designer Pinnacle Runway must pay indemnity costs for pursuing what a judge has described as an “ill-advised” trade mark infringement lawsuit against a rival that “cried out to be settled”.

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What’s the big deal? Hungry Jack’s stands by ‘Big Jack’ burger in face of McDonald’s suit
Addisons 2020-09-25 9:35 pm By Christine Caulfield Melbourne

Hungry Jack’s is defending its ‘Big Jack’ against trade mark infringement claims by rival fast-food chain McDonald’s, saying the burger’s moniker incorporates its founder’s name with nothing more than a descriptive word for its large size that is “commonly” used by other fast-food restaurants.

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Judge shuts down Boehringer challenge to Merck Sharp & Dohme parasite patent
Agriculture 2020-09-24 1:59 pm By Miklos Bolza Sydney

Pharmaceutical company Boehringer Ingelheim has failed in its Federal Court challenge to a patent application for an injectable anti-parasite drug for livestock by a subsidiary of competitor Merck Sharp & Dohme.

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Boehringer appeals failed opposition to Zoetis patents
Appeals 2020-09-21 3:11 pm By Cat Fredenburgh Melbourne

German drug maker Boehringer has launched a Federal Court fight against rival Zoetis after coming up short in its opposition to two Zoetis patents for pig vaccine-related inventions.

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