Articles, updates and
legal developments
A curated archive of articles, commentary and firm updates concerning patent litigation, intellectual property, pharmaceuticals, life sciences and related commercial disputes.
Unipharm v. Sanofi — why the case matters
A landmark dispute at the intersection of patents, competition and unjust enrichment. The proceedings moved from the District Court through the Supreme Court and a further hearing before an expanded panel, and continue to attract professional and academic attention.
Managing IP — EMEA Awards 2022 → The Jerusalem Post — reporting on the 2015 ruling →Merck / Fosalan and Sanofi — two boundaries of unjust enrichment
Two Supreme Court authorities illustrate different limits on the use of unjust-enrichment law in patent disputes: one concerning protection before patent grant, the other restitution following misleading conduct before the Patent Office.
Cambridge — Injunctions in Patent Law: Israel →Paroxetine — disappearing polymorphs and disclosure
The Paroxetine opposition remains relevant to questions of crystalline forms, prior disclosure and duties toward the Patent Office. The Israel Patent Office Examination Guidelines expressly refer to the decision in Chapter V, section 4, in their treatment of disappearing polymorphs.
Israel Patent Office — Examination Guidelines, Chapter V §4 →Unipharm v. Sanofi — press coverage and professional commentary
The Supreme Court proceedings and the further hearing generated extensive coverage in the Israeli legal and business press.
Calcalist — Unipharm v. Sanofi: a global precedent → IPAA — professional commentary on the decision → Globes — the Israeli pharmaceutical company that defeated Sanofi →Selected earlier coverage
Direct links to earlier press coverage and professional publications.
Calcalist — Unipharm v. Sanofi: a global precedent → IPAA — Unipharm v. Sanofi: a revolution in patent law → Globes — the small Israeli pharmaceutical company that defeated Sanofi → Pharmaline / TheMarker — Cipralex patent decision → Ynet — Supreme Court cancels Merck’s Fosalan patent → Global Generics & Biosimilars Awards — Patent Litigation of the Year →