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Seiko wins general injunction against Calidad in ink cartridge patent case
Intellectual Property 2019-09-27 11:11 pm By Christine Caulfield

Imposing an injunction in general form against a patent infringer is not an undue burden in and of itself, the Full Federal Court has ruled in siding with printer giant Seiko Epson in its ongoing intellectual property fight with cartridge reseller Calidad.

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Businessman Charif Kazal gets last chance to fix ‘incomprehensible’ case against Gilbert + Tobin
Corporate 2019-09-24 7:48 pm By Amelia Birnie

A judge has given Sydney businessman Charif Kazal a third and final opportunity to replead his “simply incomprehensible” case against Gilbert + Tobin over the law firm’s involvement in a business dispute concerning a lucrative waste facility, despite saying it took “an entire week to understand the arcane obscurities” of the pleading.

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‘We want to send a message to the courts’: ACCC’s Sims flags importance of potential competition in merger review
Competition & Consumer Protection 2019-09-23 4:08 pm By Miklos Bolza

The ACCC’s recommended changes to the merger review framework that would require regulators to weigh whether a proposed acquisiton involved a potential competitor was a message to judges to rethink how they approached merger cases, the head of the watchdog said Monday.

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After questioning funder’s cut, judge quietly approves KPMG class action settlement scheme
Class Actions 2019-09-19 9:36 pm By Cat Fredenburgh

A judge has quietly given his seal of approval to a settlement distribution scheme in a class action against KPMG, after raising questions about Piper Alderman’s legal bill and the litigation funder’s “arguably excessive” cut of the confidential settlement.

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Steel giant BlueScope could face criminal charges over alleged cartel
Competition & Consumer Protection 2019-09-18 10:08 pm By Christine Caulfield

Prosecutors are weighing criminal charges over alleged cartel conduct the subject of a price-fixing case by the ACCC against BlueScope Steel and former general manager of sales Jason Ellis, a judge has revealed in rejecting a bid by the competition watchdog to suppress details of its case.

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Groundhog day for privacy tort
Expert Insights 2019-09-17 2:53 pm By Editor

The ACCC’s recommendation in its digital inquiry report for a statutory cause of action for serious invasions of privacy has merit as a mechanism to safeguard individual’s privacy where it is not protected by the Privacy Act or the patchwork of surveillance and related legislation. But it remains to be seen whether there will be any greater governmental impetus than on previous occasions to make the legislative changes required, writes Gilbert + Tobin partner Melissa Fai and lawyer Stephanie Essey.

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Full Federal Court declines to clarify standard for patentability of computer-implemented inventions
Intellectual Property 2019-09-13 10:05 pm By Cat Fredenburgh

A five-judge panel of the Full Federal Court has found two innovation patents by financial software company Encompass Corp. are not a manner of manufacture, but held back on providing more clarity on the test for the patentability of computer-implemented inventions.

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Judge slams NRMA’s ‘intrusion’ on industrial jurisdiction with consumer suit
Competition & Consumer Protection 2019-09-12 1:58 pm By Amelia Birnie

A judge has thrown out the NRMA’s consumer case against the maritime union over its Sydney fast ferry campaign, ruling that a verdict in favour of the motoring body would have brought the “the entire field of industrial relations within the operation of consumer legislation”.

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Ex-Tennis Australia directors lose bid for ASIC chats with witnesses
White Collar 2019-09-09 3:56 pm By Miklos Bolza

Two former directors of Tennis Australia can’t access chats between ASIC and other executives from the tennis body, with a judge finding the documents recording the communications with the potential witnesses were created in anticipation of litigation and were therefore privileged.

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Vittoria roasts Lavazza over ‘oro’ trade mark
Intellectual Property 2019-09-09 12:22 pm By Cat Fredenburgh

A simmering battle over the ‘oro’ trade mark has bubbled over, with Australian coffee giant Vittoria filing Federal Court proceedings alleging Italian competitor Lavazza has knowingly violated its trade mark for the Italian word gold.

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