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.
The rest of this article is locked for subscribers only. Please login to continue reading.
If you don't have a login, you will need to purchase a subscription to gain access to this article, including all our online content. Please use this link and follow the steps.
To request a FREE 2-week trial subscription, use the same link but select the 'trial' option in the dropdown box. NOTE - this can take up to 48hrs to be approved.
For multi-user price options, or to check if your company has an existing subscription to us that we can add you to for FREE, please email Atif Choudhury at email@example.com
Law of Unjust Enrichment, Teva Pharmaceuticals, Fosalan, ILPTO