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Arrow drops opposition to Novartis patent for MS drug, despite win before IP Australia
Intellectual Property 2020-10-12 2:35 pm By Miklos Bolza

The Federal Court has upheld Novartis’ appeal of a ruling revoking its patent for an oral form of multiple sclerosis drug Gilenya, after Australian generic drug maker Arrow Pharmaceuticals dropped its opposition to the patent despite prevailing before IP Australia.

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Delegate deflates Ann Taylor’s opposition to Nike’s ‘Aeroloft’ trade mark
Intellectual Property 2020-10-12 1:13 pm By Cat Fredenburgh

US women’s clothing retailer Ann Taylor has come up short in its opposition to Nike’s bid to register the ‘Aeoroloft’ mark for its brand of lightweight fitness apparel, with an IP Australia finding the mark is not deceptively similar to Ann Taylor’s ‘Loft’ mark.

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Zip Co crushes Flexigroup’s ‘No Interest’ trade mark
Intellectual Property 2020-10-09 10:01 pm By Cat Fredenburgh

Fintech Zip Co has successfully opposed rival Flexigroup’s attempt to trade mark ‘No Interest Ever!’, in the latest trade mark battle between buy now, pay later service providers in Australia.

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Full Court gives Branhaven another shot at bovine gene patent
Intellectual Property 2020-10-09 3:57 pm By Cat Fredenburgh

Australia’s leading livestock group cannot block US company Branhaven from amending its application for a bovine genome patent, which the group has worried could harm the Australian cattle industry’s ability to use genetic tests.

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Merck Sharp & Dohme drops lawsuit over Januvia patent
Intellectual Property 2020-10-09 2:25 pm By Cat Fredenburgh

Merck Sharp & Dohme has dropped a lawsuit brought against a unit of Indian generic manufacturer Lupin for allegedly threatening to infringe the patent for its multibillion-dollar diabetes drugs Januvia and Janumet.

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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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‘That rare bird, the smoking gun’: Judge orders Minetek employee’s laptop searched for confidential info
Intellectual Property 2020-10-06 2:07 pm By Christine Caulfield

Engineering company Howden Australia can view the laptop and other electronic devices of an employee accused of stealing confidential information, after a judge found there was evidence suggesting the worker had not been “entirely truthful” with the court.

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Air France loses bid to limit injunction in ‘Love Is In The Air’ copyright case
Intellectual Property 2020-10-05 4:36 pm By Cat Fredenburgh

A judge has issued a broader injunction barring Air France from using the song ‘Love Is In The Air’ than the one proposed by the airline, after finding an Oregon electronic duo’s song which was licenced to Air France copied the 1977 disco hit.

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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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‘Battle of the burgers’: McDonald’s fires up claim over cheeky Hungry Jack’s ad
Intellectual Property 2020-10-02 11:18 am By Miklos Bolza

Fast food giant McDonald’s will expand its lawsuit against rival Hungry Jack’s to bring a misleading and deceptive conduct allegation over an ad that claims the Big Jack burger is “clearly bigger” than the Big Mac.

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