Sandoz wins appeal of $26.3M infringement ruling in IP battle over Lexapro

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Generic drug maker Sandoz has successfully appealed a $26.3 million judgment finding it infringed a patent owned by rival H Lundbeck relating to the top-selling antidepressant Lexapro.

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Not OK: Counselling app Lyf accuses smartphone maker Mintt of infringing trade mark for OK hand sign

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Counselling app Lyf is suing smartphone maker Mintt for allegedly infringing on a trade mark it owns for the universal OK hand gesture, saying Mintt’s logo is substantially identical to Lyf’s registered mark.

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Adero to issue correction notice in On The Run class action

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The law firm running an underpayments class action against petrol convenience store chain On The Run has been ordered to issue a notice correcting certain statements made on its website about the company and the class action, including that the claims in the case are worth up to $70 million.

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Shareholder class actions ‘raise the bar’ for corporate behaviour, inquiry hears

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Shareholder class actions protect shareholder value and promote long-term system changes, an Australian superannuation fund has told the government’s latest class action inquiry.

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Top silk abandons defence, expresses ‘very deep regret’ over conduct in Banksia class action

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Barrister Norman O’Bryan SC has abandoned his defence of misconduct allegations stemming from the Banksia Securities class action and expressed contrition to the court for his actions.

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Media companies can file evidence of another alleged murder in Roberts-Smith defamation case

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Media companies that are fighting defamation proceedings over articles that accused decorated war veteran Ben Roberts-Smith of war crimes have won court permission to amend their defence to include evidence the soldier was involved in another alleged murder.

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Gilbert + Tobin faces appeal by Sydney businessman Charif Kazal

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Sydney businessmen Charif and Tarek Kazal have appealed a ruling that found their claims against Gilbert + Tobin over an alleged dishonest scheme to rob them of a 50 per cent stake in a lucrative Sydney waste facility were “fundamentally incoherent”.

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Waived on through: Federal Court highlights the fine distinctions that govern waiver of privilege

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A recent decision in ASIC’s case against ANZ has highlighted the potential risks of waiver of client legal privilege, with the Federal Court observing that the distinctions can be “fine”. While ANZ avoided having to disclose its legal advice to the regulator, the decision is a reminder of the potential pitfalls of referring to legal advice in correspondence, and that pleading a state of mind in litigation carries risks from a privilege perspective, says Hall & Wilcox partner Jacob Uljans.

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Lawyers say judge has power to close class action with tweak to group member definition

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Lawyers running a class action against recycling company Sims Metal Management say the court has power to approve their bid to amend the group member definition that will effectively close the class, but the judge overseeing the case will appoint a contradictor to represent group members in a hearing over the application.

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