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The distinction between repair and re-making: The Full Court clarifies the law on refurbishing a patented product
The important decision by the Full Court of the Federal Court in Calidad Pty Ltd v Seiko Epson Corporation clarifies the position on an area of law that, surprisingly, is still developing in Australia, namely the scope of the implied licence issuing from the sale of a patented product, writes Duncan Longstaff and Roshan Evans of Shelston IP.
Moreton wins appeal over R&D tax credits for failed coal gasification project
Australian coal miner Moreton Resources has won a Full Federal Court appeal over tax offsets it claims are owed over a failed pilot project testing underground coal gasification, a process which was ultimately banned in Queensland.
Landmark offers to shed stores to win ACCC blessing for $469M Ruralco takeover
Rural supply giant Landmark's has offered to sell three stores to win Australian Competition and Consumer Commission approval for its proposed $469 million takeover of competitor Ruralco, a move that would consolidate two of the three largest players in the rural merchandise market.
Judge discontinues Queensland legal fees class action
A judge has discontinued a class action brought against a Queensland law firm over allegedly non-compliant conditional costs agreements, after finding no evidence that anyone other than the lead plaintiff was interested in bringing a claim.
‘Sigh’: Judge inadvertently sends email to applicant, and reveals he’s human
A Federal Court judge has admitted he insulted an applicant in a case against the Commonwealth when he inadvertently sent her an email meant for his associate, in which he sarcastically used the word "sigh" in response to the applicant advising the court of her hospitalisation.
KPMG promotes first Australian to global head of legal services
Former King & Wood Mallesons managing partner Stuart Fuller will take the reins of KPMG's global legal services division, the first Australian at the helm of the Big Four firm's legal offering.
Caterpillar pounces on Puma’s ‘procat’ trade mark
A catfight has broken out between construction equipment and workwear maker Caterpillar and sneaker giant Puma, with Caterpillar arguing Puma's 'procat' trade mark is deceptively similar to its 'cat' marks.
Fitch settles investor class action over credit ratings on toxic SCDOs
Fitch Ratings has agreed to settle the last of the investor class actions in Australia flowing from the global financial crisis, a court heard Friday.
Shifting sands: orders for defendants to produce insurance policies in class actions
We have started to see the Federal Court use its discretionary powers in respect of class actions to order defendants to disclose their insurance policies to plaintiffs. The emergence of these disclosure orders is an example of the flexible and pragmatic approach increasingly being adopted by the Federal Court in class actions, say Johnson Winter & Slattery's Frances Dreyer and Nicholas Briggs.
Uber Eats makes restaurant contracts easier to swallow after ACCC scrutiny
Uber Eats will overhaul its contracts with restaurants after an investigation by the Australian Competition and Consumer Commission found the agreements unfairly favoured the food delivery service.