When Discovery Becomes the Risk: Lessons from Otsuka v Generic Health (No 4)
A Federal Court decision refusing excessive late-stage discovery shows how quickly litigation costs can escalate without structural safeguards. This article explains the judgment, its relevance today, and how Clean Law’s cost-alignment model is designed to prevent similar risks.
When Trade Mark Litigation Becomes a Strategic Misstep
Pinnacle v Triangl shows how a six-week naming dispute became commercially disproportionate. The core failure was strategic — not assessing proportionality before litigating. Competitive tenders and transparent strategy comparison are structural safeguards built to prevent this.