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

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

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
High Court 2020-11-11 2:23 pm By Cat Fredenburgh

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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Court issues mixed ruling in Merck Sharp & Dohme, Pfizer vaccine patent battle
Intellectual Property 2020-10-15 4:47 pm By Miklos Bolza

Pharmaceutical rivals Merck Sharp & Dohme and Pfizer have both suffered a blow in their efforts to patent a better pneumococcal vaccine, with a judge upholding both infringement and invalidity claims in the long-running case over the blockbuster Prevnar 13 vaccine.

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Burger chain flips, agrees to injunction over Sizzler ‘tribute’ burger  
Intellectual Property 2020-06-23 5:41 pm By Alison Eveleigh

The Brisbane-based burger chain at the centre of a trademark stoush with buffet bar pioneer Sizzler has agreed to refrain from its allegedly infringing trade mark use until the case is decided.

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Tribute burger ‘Sizzler’ comes under fire from restaurant giant
Intellectual Property 2020-06-22 11:03 pm By Cat Fredenburgh

Casual dining pioneer Sizzler has served up a trade mark lawsuit over an eponymous burger sold by a Brisbane-based burger chain and marketed as an “ode to the cultural icon”.

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The write way to success: Barristers’ top tips for winning written submissions
Business of Law 2020-05-26 2:20 pm By Miklos Bolza

With COVID-19 forcing courts to deal with more matters on the papers, written submissions are more important than ever and must be carefully crafted to assist the court while offering clients the best chance of success, barristers told Lawyerly.

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High Court to weigh in on patent exhaustion in Seiko ink cartridge spat
Intellectual Property 2020-01-08 5:08 pm By Christine Caulfield

The High Court has granted special leave to cartridge reseller Calidad after the company lost an intellectual property dispute with printer giant Seiko Epson and was hit with a general injunction barring it from further patent infringement.

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Encompass patents don’t pass muster with IP Australia, despite amendment
Intellectual Property 2019-11-04 5:51 pm By Cat Fredenburgh

IP Australia has found two Encompass innovation patents that were at the centre of a highly anticipated Full Federal Court ruling on the patentability of computer software do not describe a manner of manufacture, despite an amendment from the financial software company.

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Wyeth loses privilege claim over Allens docs in Merck’s vaccine patent case
Intellectual Property 2019-10-01 3:56 pm By Miklos Bolza

Wyeth has lost a bid to claim legal professional privilege over certain documents sought by Merck Sharp & Dohme as the two rivals head towards a hearing for the reopening of the Prevnar 13 patent case.

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