In 2011, the Supreme Court rendered an important decision on the subject of the relationship between the Law of Patents and the Law of Unjust Enrichment.
Patents and unjust enrichment
Merck & Co sued Teva Pharmaceutical Industries in the Tel Aviv District Court, alleging that the defendant exploits its Fosalan medicine for the treatment of osteoporosis, which is subject matter of an Israeli pending patent application. The suit alleges that Teva is manufacturing and distributing medicine which constitutes an absolute imitation of Fosalan.
The application was examined, accepted by the Israeli Patent Office and published for opposition. The defendant lodged oppositions against the application and the opposition proceedings are pending.
To continue reading, you need a subscription to WIPR. Start a subscription to WIPR for £455.
In-house feature articles, the archive and expert comment require a paid subscription. Subscribe now.
Want to give it a try? We are offering a two week free trial to the WIPR website – register and select “Free Trial” to begin access to the full WIPR archive and read the latest news, features and expert comment. Begin your free trial here.
Is your 2 week free trial about to end? Upgrade to a 12 month subscription for £455 now.
If you have already subscribed please login.
If you have any technical issues please email James Lynn on email@example.com.
Law of Unjust Enrichment, Teva Pharmaceuticals, Fosalan, ILPTO