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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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‘Industrial activity’ under Fair Work Act doesn’t extend to spat over worksite amenities, court says
Andrew Denton 2020-11-12 7:25 pm By Christine Caulfield Melbourne

In an important ruling that confines the scope of “industrial activity” under the Fair Work Act, the Full Federal Court has overturned a $50,000 fine against the CFMEU and two officials for organising a work stoppage at a Brighton construction site that the union said needed a female toilet.

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GetSwift assures court it is indemnified for judgments in ASIC case, class action
ASIC 2020-11-12 6:07 pm By Miklos Bolza Sydney

Last-mile logistics software firm GetSwift has offered a last minute undertaking that it will be covered for any judgments and penalties in a class action and ASIC case, after a judge expressed concerns about the company’s bid to redomicile to Canada amid the ongoing litigation.

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Allianz hit with second class action over ‘junk’ car insurance
Allianz 2020-11-12 5:54 pm By Miklos Bolza Sydney

A second class action has been filed against insurance giant Allianz seeking compensation for consumers alleged to have been ripped off by “worthless” add-on car insurance.

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Funder of live export class action doesn’t need AFSL to sign up new group members
Agriculture 2020-11-12 3:02 pm By Cat Fredenburgh Melbourne

The group providing funding to claimants in a class action against the federal government over its 2011 ban on live cattle exports to Indonesia does not have to comply with new rules requiring litigation funders to obtain an AFSL and operate as a managed investment scheme in order to sign up new group members.

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Judge rejects public interest immunity argument over war crimes docs in Ben Roberts-Smith case
Anna Mitchelmore 2020-11-12 2:41 pm By Cat Fredenburgh Melbourne

The chief of the Australian Defence Force has lost a bid to keep information obtained by a war crimes inquiry from three news publishers defending against a defamation suit by war veteran Ben Roberts-Smith.

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ASIC calls for 3-year-ban against former Murray Goulburn boss Gary Helou
Agriculture 2020-11-12 1:34 pm By Christine Caulfield Melbourne

The corporate regulator is pushing for a three-year director ban against former Murray Goulburn managing director Gary Helou and a two-year disqualification order against the dairy cooperative’s former chief financial officer over misleading representations about farmgate milk prices five years ago.

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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 questions power to hold class action contests
Adam Hochroth 2020-11-11 11:57 pm By Christine Caulfield Melbourne

That a first filed case should be the presumptive winner in a competition between class actions seemed a losing argument before the High Court on Tuesday as the justices weighed a challenge to a ruling picking one among a group of class actions against AMP, but the court also appeared skeptical of the power to hold wide ranging inquiries into the merits of competing cases.

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