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Otsuka changes tack in Abilify patent case after landmark Wyeth ruling
Intellectual Property 2019-09-11 8:49 pm By Miklos Bolza

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.

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ACCC’s decision to block Vodafone, TPG merger ‘chock full of speculation’, court hears
Competition & Consumer Protection 2019-09-10 2:13 pm By Christine Caulfield

The competition regulator’s opposition to the proposed $15 billion merger of telecommunications companies Vodafone and TPG was based on “mere possibilities” and was “chock full of speculation”, the Federal Court heard Tuesday.

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Judge strikes out CIMIC class action claims pleaded in ‘factual vacuum’
Class Actions 2019-09-10 12:02 pm By Miklos Bolza

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.

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Judge frowns on ‘moronic approach’ to group member sign-up in Takata class actions
Class Actions 2019-09-05 9:59 pm By Miklos Bolza

The judge overseeing a group of class actions against car manufacturers over faulty Takata airbags has questioned a simplified group registration and opt out process proposed by the law firm leading the cases, saying it would “invite a moronic approach” to sign up.

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CIMIC attacks ‘forests of contingencies’ in class action pleadings
Class Actions 2019-09-04 2:26 pm By Miklos Bolza

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.

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Merck wins docs from Wyeth ahead of hearing on reopening Prevnar 13 trial
Intellectual Property 2019-08-30 10:51 pm By Cat Fredenburgh

Merck Sharp & Dohme has emerged victorious in a battle over documents with Wyeth, as the parties gear up for a hearing on Wyeth’s request to reopen a trial over three patents for its Prevnar 13 pneumococcal vaccine.

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Westpac lightens class action load with $23.25M in payouts
Class Actions 2019-08-23 9:18 pm By Cat Fredenburgh

Westpac has recently agreed to pay a combined $23.25 million to settle two class actions against it, cutting the number of class actions the bank is facing in half.

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Westpac to pay $13.25M to settle class action over Samra Ponzi scheme
Class Actions 2019-08-22 2:56 pm By Cat Fredenburgh

Westpac will pay $13.25 million to settle a class action over alleged losses caused by subsidiary BankSA’s investments in a Ponzi scheme run by convicted fraudster Michael Samra.

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NSW dragged into ACCC’s competition case over ports deal
Competition & Consumer Protection 2019-08-22 1:59 pm By Cat Fredenburgh

The ACCC has reversed course, naming the state of New South Wales in its lawsuit over an allegedly anti-competitive agreement for the privatisation of Port Botany and Port Kembla after previously saying the law did not apply to the state.

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Pfizer may seek stay of Merck vaccine patent case
Intellectual Property 2019-08-21 3:53 pm By Miklos Bolza

Global pharmaceutical firm Pfizer is mulling an application to stay a lawsuit by Merck Sharp & Dohme seeking to invalidate a patent related to the blockbuster Prevnar 13 vaccine as it awaits the outcome of similar proceedings in the US.

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