ACCC takes internet provider Activ8me to court for false advertising

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Internet provider Activ8me is in hot water with the consumer regulator for a second time this year, facing court action over allegedly false and misleading claims about the cost, speed and data limits of its internet packages.

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B. Braun launches appeal in IV catheter patent case

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Medical device maker B. Braun Melsungen is appealing a ruling that invalidated its intravenous catheter patents and dismissed allegations of infringement against rival Becton Dickinson.

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Trade mark reputation not a factor in deceptively similar cases: Full Court

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A judge applied the “wrong test” when he considered the reputation of a trade mark in an infringement case alleging the marks of rival meat processors were deceptively similar, a Full Federal Court has found.

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Wyeth slams Merck Sharp & Dohme’s ‘baseless’ invalidity claim in vaccine trial

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Pharmaceutical giant Wyeth has accused Merck Sharp & Dohme of a “baseless” patent invalidity case, saying on the second day of trial over the world’s best selling vaccine that the development of its patented Prevnar 13 pneumococcal shot was anything but obvious, as its rival contends.

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Class action over botched breast surgery survives declassing bid

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A chain of cosmetic surgery clinics has lost its fight to have a class action of over 200 patients allegedly injured by botched breast augmentation surgery discontinued as a representative proceeding.

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ACCC takes TPG to court over $20 plan ‘prepayment’

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Telecommunications provider TPG Internet is facing allegations from the ACCC that it violated the consumer law by charging customers a $20 “prepayment” to cover costs for services not included in their plans.

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Queensland flood class can add evidence after ‘trial by ambush’

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A judge overseeing the marathon hearing in the class action over the 2011 Queensland floods has allowed the lead applicant to submit further evidence after it claimed defendant Seqwater engaged in “trial by ambush”.

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CBA open to consolidation of dual class actions

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The Commonwealth Bank of Australia is open to a proposal to consolidate two shareholder class actions filed over alleged breaches of anti-money laundering and counter-terrorism laws, but will address any “devil in the details”, a lawyer for the bank told a court Tuesday.

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Ernst & Young says previous Quintis auditor should share any blame

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Accounting giant Ernst & Young, which is accused in a class action of misleading and deceptive conduct in signing off on the 2015 and 2016 financial reports of sandalwood producer Quintis, has named the company’s previous auditor as partly to blame in any finding of liability.

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In tossing Made In Australia case, court clarifies ‘substantial transformation’ test

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A court has ruled that Chinese vitamin company Nature’s Care cannot sell its imported fish oil and vitamin D with the ‘Made in Australia’ logo because the product fails to meet the required country-of-origin labelling provisions.

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