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Full Court finds Nichia LED patent claims invalid
Intellectual Property 2019-01-29 10:54 pm By Cat Fredenburgh

The Full Federal Court has shot down a challenge by Japanese electronics company Nichia Corp. to a ruling that Arrow Electronics did not infringe its patent for a white light emitting device.

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ATO wins appeal in $82M tax spat with BHP over Singapore marketing hub
Energy & Natural Resources 2019-01-29 8:32 pm By Miklos Bolza

The Australian Taxation Office has successfully appealed an Administrative Appeals Tribunal decision in favour of BHP Billiton, leaving the mining giant with a hefty $82 million tax bill over its Singapore marketing hub.

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ACCC calls for $35M fine against Empower Institute
Competition & Consumer Protection 2019-01-29 3:46 pm By Miklos Bolza

The Australia Competition and Consumer Commission is seeking a $35 million penalty against Empower Institute after the court found the vocational trainer engaged in unconscionable conduct by “duping” customers into enrolling in courses they could not afford.

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CSIRO appeals ruling allowing changes to BASF GMO patent
Intellectual Property 2019-01-29 3:12 pm By Miklos Bolza

The CSIRO is appealing a decision by the Commissioner of Patents that allowed chemical giant BASF to amend its application for a genetically modified organisms patent.

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Court suppresses Ben Roberts-Smith accuser’s identity
Defamation 2019-01-29 11:37 am By Miklos Bolza

A key prospective witness in the Ben-Roberts Smith defamation proceedings can continue to have her identity suppressed, after a judge found there was “sufficient risk” to her safety if it was revealed.

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The class action reform proposals experts can’t swallow
Analysis 2019-01-25 11:33 pm By Christine Caulfield

Lawyerly spoke to ten class action experts on the release of the Australian Law Reform Commission’s highly anticipated report into the class action regime. While many of the ALRC’s proposals were expected — and welcomed as sensible — others were greeted with concern and skepticism. Here, we look at the most controversial of the 24 recommendations.

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Aerocare loses appeal of split shifts ruling
Employment 2019-01-25 4:27 pm By Miklos Bolza

Aviation services company Aerocare has lost its appeal of a Fair Work Commission decision that shot down an enterprise agreement forcing employees to work split shifts.

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Juno Pharmaceuticals settles trade mark dispute with Juno Therapeutics
Intellectual Property 2019-01-25 3:42 pm By Miklos Bolza

Juno Pharmaceuticals has resolved its appeal of an IP Australia ruling that allowed Seattle-based Juno Therapeutics to extend protection of its namesake trade mark into Australia.

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Class action report by ALRC recommends sweeping changes
Class Actions 2019-01-25 10:18 am By Christine Caulfield

Law firms would be able to charge contingency fees and the corporate disclosure obligations would go under the microscope as part of a shake-up of the class action regime recommended by the Australian Law Reform Commission.

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Teva sues Pharmacor over Parkinson’s drug patent
Intellectual Property 2019-01-24 9:18 pm By Cat Fredenburgh

Teva has taken generic drug maker Pharmacor to court for allegedly threatening to infringe its patent for a Parkinson’s drug.

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