Pharmaceutical company Generic Health has told the Federal Court that, on advice from their solicitors, Otsuka and Bristol-Myers Squibb “deliberately” chose not to disclose their reasons for an admission in a long-running patent case over the anti-psychotic drug Abilify, which they are now seeking to withdraw.
Five IOOF executives will learn their fate this week when a judge rules on a disqualification bid by the prudential regulator, the first judgment to be delivered by a court in a case filed in the wake of last year’s scandal-airing banking royal commission.
Otsuka Pharmaceuticals and Bristol Myers-Squibb are seeking to withdraw admissions in patent litigation against Generic Health over anti-psychotic drug Abilify, following a landmark ruling last year against Wyeth that clarified the issue of compensation under the usual undertaking for damages in pharmaceutical patent cases.
The Australian Securities and Investments Commission is seeking evidence from US proceedings in its case against Rio Tinto alleging the mining giant misled shareholders about a Mozambique mining company purchased for US$4.2 billion.
Engineering services company CIMIC has won a challenge to the pleadings in a shareholder class action against it, with the Federal Court striking out deficient paragraphs but giving the class a chance to replead.
The Australian Competition and Consumer Commission has failed in its challenge to a ruling that dismissed its bid-rigging case over mining exploration licences involving Cascade Coal and the sons of jailed Labor politician Eddie Obeid.
Engineering services firm CIMIC Group has attacked the pleadings in a shareholder class action against it, saying needlessly convoluted paragraphs containing a “numerically vast number of contingencies” should be struck out.
A competition lawsuit brought against NSW Ports has been stayed while a similar case brought by the competition regulator over an allegedly anti-competitive agreement to privatise Port Botany and Port Kembla moves forward.
Two patent attorneys who are being sued by a boutique IP firm for jumping ship to start their own business have cleared the first hurdle in their fight against preliminary discovery, after a judge found the documents relied upon by their former employer’s lawyers at Seyfarth Shaw were relevant to the case.
National car repair franchise Ultra Tune has argued in a Full Federal Court appeal that a $1.07 million penalty in an ACCC case was “manifestly excessive” because it was based on unintentional breaches of the Franchising Code of Conduct that were caused by tardy accountants and auditors.