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Judge makes no bones about trashing ‘Melbourne bone and joint clinic’ trade mark
Intellectual Property 2024-02-08 1:45 pm By Sam Matthews

A Melbourne orthopaedic clinic has lost its bid to register the name ‘Melbourne Bone and Joint Clinic’ as a trade mark, with a judge finding the phrase was just an ordinary combination of words. 

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Judge approves 27.5% GCO in ‘complex’ Medibank class action
Class Actions 2024-02-06 10:23 pm By Sam Matthews

A judge has signed off on a 27.5 per cent group costs order in a consolidated shareholder class action against Medibank over a cyberattack that affected 10 million customers, noting the “significant risk” taken on by the two plaintiff law firms running the action. 

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‘Very large indeed’: DePuy class action settlement administration costs top $13M
Class Actions 2024-02-01 5:43 pm By Sam Matthews

A judge has signed off on a bill that brings the total settlement administration costs in a class action against Johnson & Johnson unit De Puy to over $13 million, amid a push by some judges to open the settlement administration gig up to competition.

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COVID-19 aged care class actions put on ice pending criminal trials
Class Actions 2024-02-01 3:40 pm By Sam Matthews

Still in the dark about insurance coverage and seeking to stem the flow of cash, two class actions against Heritage Care and St Basil’s over COVID-19 outbreaks have been shelved pending the outcome of criminal cases against the Victorian aged care providers, in a decision the judge said “wouldn’t gladden the hearts of group members”. 

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Anglicare denies duty of care to family members in COVID-19 outbreak class action
Class Actions 2024-01-17 2:51 pm By Sam Matthews

Aged care provider Anglicare has hit back at a class action filed on behalf of 25 people whose loved ones died during a COVID-19 outbreak at the Newmarch House in Sydney, saying it owed no duty of care to prevent mental harm to its residents’ family members.

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US lawyer’s confusion about Aussie patent law can’t save Sanofi unit’s application
Intellectual Property 2024-01-10 2:24 pm By Sam Matthews

A Sanofi unit has lost its bid for more time to file a divisional application in relation to a hemophilia treatment, with an IP Australia delegate finding that a US lawyer’s mistaken belief about Australian patent law did not explain the company’s failure to make the application in time.

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High Court to hear appeal in high-stakes stoush over generic Plavix ban
High Court 2023-12-20 3:45 pm By Cat Fredenburgh

The High Court has agreed to weigh in on a 16-year battle between the federal government and French drug maker Sanofi-Aventis over an allegedly unjustified court order that prevented the release of a generic version of blockbuster blood-thinner Plavix.

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ACCC blocks ACL’s proposed $1.5B Healius takeover, as offer taken off table
Corporate 2023-12-15 10:30 am By Christine Caulfield

Despite proposing a divestiture as part of its planned takeover of Healius, Australian Clinical Labs has failed to win the approval of the competition regulator for the $1.5 billion deal.

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Philips class action pleading not the ‘finest piece of work’: judge
Peter Cashman 2023-11-30 4:51 pm By Cindy Cameronne

A judge has told the law firm that has taken over a class action against Philips Electronics over recalled sleep apnea machines to take its time when amending the pleading, which he said was not the “finest piece of work” he’d ever seen.

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Sensitive data of 223,000 people stolen in ACL data breach: OAIC
Privacy & Cybersecurity 2023-11-28 11:17 pm By Cat Fredenburgh

‘Serious and systemic’ failures in Australian Clinical Labs’ cyber framework left the pathology services provider vulnerable to a cyberattack that exposed the sensitive health data of more than 223,000 people, including tests for fertility and sexually transmitted diseases, according to the OAIC.

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