Court halves patent cost award in Eli Lilly case
The Jerusalem District Court has significantly reduced a cost award in a patent opposition appeal involving Eli Lilly and Teva.
Eli Lilly’s patent application for the osteoporosis drug Forteo faced opposition from Teva, with the Israeli Patent Registrar ruling in Teva’s favour and awarding legal costs of NIS 1.8 million.
On appeal, the Court reduced these costs by nearly 50% to NIS 1 million, deeming the initial amount excessively high.
This decision marks a rare instance of appellate intervention in cost rulings, sending a strong signal to the Patent Office to align cost awards with norms applied by Israeli courts. The ruling establishes a key precedent, ensuring greater fairness in patent proceedings and balancing the financial risks for litigants.
Eli Lilly was represented by Patent Attorney Dr. Kfir Luzzatto, Attorney Oren Mandler, and Patent Attorney Dr. Adina Cohen.
The outcome not only represents a significant victory for Eli Lilly but also sets a standard likely to influence future cases within the intellectual property landscape.
