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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

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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ACCC takes Facebook owner to court over scam celebrity cryptocurrency ads
ACCC 2022-03-18 11:45 am By Cat Fredenburgh

The consumer regulator has initiated court proceedings alleging Facebook technology allowed scam cryptocurrency ads featuring celebrities to target susceptible users and that the social media giant failed to take adequate steps to remove them. 

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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

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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Australia second to US for climate-related litigation, report finds
ASIC 2022-03-18 7:11 pm By Sam Matthews

Australia ranks second in the world for climate-related lawsuits, and the threat of climate litigation looms larger than ever for Australian companies across all sectors, a new report has found.

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

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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‘This is nuts’: Judge torpedoes notice in Tyro class action while fight over group definition plays out
Bannister Law 2022-03-17 3:32 pm By Sam Matthews

Calling it the “elephant in the room”, a judge overseeing a class action against Tyro over a major EFTPOS outage last year has said a dispute over who is eligible to join the case needs to be hashed out before retailers are notified of the proceedings.

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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

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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Electronics giant Uniden faces court fight over design of latest radio
Angus Lang 2022-03-17 4:26 pm By Christine Caulfield

Japan’s Uniden has been hit with an intellectual property lawsuit by Australia’s only CB radio manufacturer, which alleges the upcoming launch by the wireless communications giant of two new products amounts to infringement of its design patent.

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Mayfair’s James Mawhinney wants reprieve from ASIC’s contempt case
Angel Aleksov 2022-03-17 4:14 pm By Cindy Cameronne

Mayfair 101 director James Mawhinney has sought a temporary stay of ASIC’s case accusing him of being in contempt of court for allegedly breaching a 20-year ban on selling financial products.

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