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Full Court hears government’s $325M fight with Sanofi over ban on Plavix generic
Intellectual Property 2021-02-16 4:13 pm By Miklos Bolza

Pharmaceutical companies Sanofi and Bristol-Myers Squibb are liable for losses to the federal government for excess subsidies it allegedly paid for the blood-thinner Plavix after an unjustified court injunction prevented the release of a generic version of the top-selling drug, an appeals court has heard.

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Judge puts sandwiches back on the menu in Sizzler trade mark spat
Intellectual Property 2021-02-10 11:07 am By Miklos Bolza

A judge has ordered buffet restaurant pioneer Sizzler to amend its pleadings in a trade mark stoush with Brisbane-based restaurant Burger Urge to bring them in line with a summary judgment application that includes sandwiches among the classes of allegedly infringed goods.

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‘Sydney’s most controversial burger restaurant’ loses appeal in trade mark beef with In-N-Out
Intellectual Property 2021-01-14 1:46 pm By Spencer Fowler Steen

The Full Federal Court has upheld an appeal by In-N-Out Burgers against Sydney-based Hashtag Burgers, finding that its two sole directors were also liable for trademark infringement and passing off in owning and operating their ‘DOWN-N-OUT’ burger restaurants.

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Judge allows Neurim to seek additional damages in patent suit over insomnia drug
Intellectual Property 2020-12-14 3:18 pm By Miklos Bolza

Neurim Pharmaceuticals can seek limited additional damages in a patent infringement case relating to its insomnia drug Circadin, after a judge granted a mid-trial bid to amend its pleadings against Generic Partners and Apotex.

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Mylan fails in High Court bid to save patents for top seller Lipidil
Intellectual Property 2020-11-06 12:06 pm By Cat Fredenburgh

The High Court has declined to take up Mylan’s challenge to a Full Court ruling upholding the invalidity of three patents for its blockbuster cholesterol drug Lipidil.

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High Court won’t hear Rokt appeal on software patentability
Intellectual Property 2020-10-08 9:53 pm By Cat Fredenburgh

The High Court has declined to weigh in on the patentability of software, rejecting e-commerce company Rokt’s bid for review of a decision striking down its marketing invention.

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Merck Sharp & Dohme settles trade mark spat with German drug company
Intellectual Property 2020-10-05 12:45 pm By Cat Fredenburgh

US drug company Merck Sharp & Dohme has settled trade mark litigation brought by German drug maker Merck KGaA alleging it violated a 1970 agreement by using the “Merck” mark in Australia.

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Nthalmic directors accused of misusing confidential information in lens patent applications
Intellectual Property 2020-09-15 6:10 pm By Miklos Bolza

Sydney-based research foundation Brien Holden Vision Institute has filed a lawsuit alleging three senior researchers misused confidential information when they jumped ship to a rival research group and filed applications to patent seven inventions for opthalmic lenses designed to treat myopia allegedly based on that information.

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Ex-Piper Alderman partner’s evidence of sex discrimination falls short, judge says
Employment 2020-09-09 7:21 pm By Christine Caulfield

Evidence of an outdated management approach and bullying — which included threatening defamation proceedings against two junior lawyers that complained about her — appear to be responsible for the ousting of a former senior Piper Alderman partner, not her sex, a judge has found.

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Ousted Piper Alderman partner can’t bring sex discrimination claims against firm
Employment 2020-09-07 5:44 pm By Miklos Bolza

A former Piper Alderman partner has lost her bid to bring sex discrimination claims against the partners of the law firm, but can still proceed with her other claims.

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