litigation Archives - Page 3 of 4 - King & Wood Mallesons Pulse

The Appeal of the Law: Singapore’s decision to hold off introduction option to appeal on point of law and other changes

1 November 2020

The right to appeal an arbitral award on questions of law is not uncommon. Singapore has yet to adopt this right into its IAA legislation.

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Arbitration agreements in Australia following Rinehart v Hancock

21 August 2020

By Lucia Belchamber

Fiona Trust Presumption in Australia - Rinehart v Hancock - Splitting disputes between Court and Arbitration

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‘No one can own the law’ – United States confirms copyright protection does not extend to works of legislators or judges

20 July 2020

By Tamara Akl

On 27 April 2020, the Supreme Court of the United States handed down its decision in Georgia Et Al v Public Resource Org, Inc.

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Tipping point: considering the impacts of litigation funding in Australia

21 June 2020

By Justin McDonnell

Is litigation funding tampering with the scales of justice? We have four recommendations to reform litigation funding in Australia.

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Ouch! Federal Court of Australia imposes $4.5 million-dollar penalty for misleading marketing of pain-relief products

3 June 2020

By Veg Tran

The Federal Court has handed down a significant $4.5 million penalty over misleading claims made with respect to the over-the-counter muscular pain relief products, ‘Voltaren Osteo Gel’ and ‘Voltaren Emulgel’.

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Love is in the Ear – Federal Court of Australia finds copyright infringed by the sound of lyrics sung

27 May 2020

By Thomas Dysart

On 24 April 2020, Justice Perram of the Federal Court of Australia gave judgment in relation to a copyright dispute concerning the iconic Australian pop-hit classic, Love is in the Air, finding that a substantial part of the song had been copied by a US pop-duo, Glass Candy, and by France’s national airline, Air France, as part of its international marketing campaign.

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Trade mark infringement: a ‘Malishus’ use in domain names

20 December 2019

By Kai Nash

Trade mark disputes concerning domain names often involve ‘cybersquatters’ registering or acquiring a domain name containing a well-known trade mark with the intent of extorting the trade mark owner for money.

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Hyperlinks killed the radio star: High Court of England and Wales ‘Tunes In’ to the radio streaming debate

9 December 2019

By Katie Warner

Last month, the High Court of England and Wales delivered its judgment in a test-case for copyright and Internet communications: Warner Music UK Ltd & Sony Music UK Ltd v TuneIn Inc.

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Manner of manufacture and software-based inventions: Patent eligibility test re-affirmed but limited further clarity provided by Australian Appeals Court

18 September 2019

By Veg Tran

After much anticipation and a 10 month wait since the appeal was heard in November 2018, the expanded panel of five Federal Court judges in Encompass Pty Ltd v Infotrack Pty Ltd have delivered their decision, finding that they were “not persuaded that the primary judge erred in concluding that each [Encompass patent in suit] does not claim an invention that is a manner of manufacture within the meaning of section 6 of the Statute of Monopolies”.

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Shots fired at “gun jumping” cartel

6 March 2019

By Kendy Ding

Cryosite has been ordered by the Federal Court to pay $1.05 million in penalties in Australia's first “gun jumping” cartel conduct case.

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