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Shine’s shareholder dividends called out by J&J class action judge in fight over costs
Class Actions 2023-06-13 11:36 pm By Sam Matthews

The judge weighing the legal costs sought to be deducted from a $300 million settlement in pelvic mesh class actions against Johnson & Johnson has questioned Shine Lawyers’ bid to make group members pay $32 million in interest incurred on a loan the firm took out at “credit card” rates.

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Apple can argue patent invalid because of HP device first sold in 2000
Intellectual Property 2023-06-02 10:21 pm By Cindy Cameronne

Apple can argue an Australian non-practicing entity that claims its patents for a remote entry system were infringed by the tech company’s Touch ID and Face ID technology are invalid because of a Hewlett Packard handheld device that was first sold in 2000. 

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Zip wins high-stakes trade mark stoush with Firstmac
Intellectual Property 2023-06-01 11:51 pm By Sam Matthews

Buy now, pay later giant Zip Co has successfully defended a lawsuit over its use of Firstmac’s ‘Zip’ trade mark and won its bid to have the mortgage provider’s mark removed for non-use.

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Former top judge lands post-retirement gig as referee in fight over J&J pelvic mesh settlement
Class Actions 2023-05-31 4:01 pm By Christine Caulfield

The Federal Court’s recently retired top judge has landed on his feet with his appointment by the court as referee to determine which of a group of competing firms should dole out a $300 million settlement that resolved the J&J pelvic mesh class actions.

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Racing NSW wins doc bid as it mulls competition case against interstate counterparts
Competition & Consumer Protection 2023-05-31 5:22 pm By Cindy Cameronne

Racing NSW has won access to documents that concern an alleged plan by its Victorian counterpart to exclude it from the thoroughbred racing industry as part of an alleged anti-competitive agreement with four other states.

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‘Extraordinary unhappiness’ with $300M J&J pelvic mesh settlement, court hears
Product Liability 2023-05-19 3:08 pm By Sam Matthews

A contradictor in two pelvic mesh class actions against Johnson & Johnson and unit Ethicon has told the court of the “extraordinary amount of group member unhappiness” following approval of a $300 million settlement – the largest in the history of Australian product liability group proceedings.

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Lenders of collapsed Arrium lose appeal over directors’ loan drawdowns
Financial Services 2023-05-10 12:23 pm By Sam Matthews

Commonwealth Bank and other lenders of failed steel giant Arrium have lost a second attempt to put two of the company’s directors on the hook for alleged misleading representations on loan drawdown notices ahead of its $2.8 billion collapse.

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Racing Victoria planned agreement to ‘seriously breach’ competition laws, court hears
Competition & Consumer Protection 2023-05-04 11:01 pm By Cindy Cameronne

Racing NSW has accused its Victorian counterpart of planning an anti-competitive agreement with five other states to exclude it from the thoroughbred racing industry, as it seeks documents to bring potential claims.

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Facebook ad shows use of ‘Motherland’ trade mark, High Court told
High Court 2023-04-24 10:55 pm By Cindy Cameronne

The High Court has been asked to weigh in on whether online ads targeting Australian consumers can be the basis for a trade mark registration, in a long-running intellectual property spat between the maker of Mother Energy drinks and Vittoria Coffee over their respective ‘mother’ marks.

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Vittoria can’t transfer IP spat over Moccona instant coffee jar
Intellectual Property 2023-04-17 4:11 pm By Christine Caulfield

Coffee brand Vittoria can’t transfer a case over the trade mark for rival Moccona’s instant coffee jar from one Federal Court registry to another, with a judge reminding the company that the court was “well into the 21st century” and could livestream hearings without the need for interstate travel.

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