Intellectual property: disputes in Israel

Gilat, Bareket & Co. of Reinhold Cohn Group

Gilat, Bareket & Co. of Reinhold Cohn Group is a notably broad specialist IP firm, which focuses on contentious patent and trademark matters in a range of industries, including life sciences and chemistry, hi-tech and fashion retail. A key figure in the department is David Gilat, who has expertise in physics and chemistry, and is involved in disputes in the pharmaceuticals and hi-tech sectors. Gilat is acting for Bayer in relation to a number of patent opposition proceedings, and is also representing a subsidiary of Israel Aerospace Industries, Elta Systems, in an appeal concerning its opposition to two patent applications filed by a competitor. Also recommended are Eran Bareket and Lihi Goldenberg, who are acting for the Civil Enforcement Unit of Israel's Ministry of Justice in relation to sensitive disputes regarding inventions made by state employees. Another key feature of the department is its prolific trade mark practice. Roy Kornick heads the firm's enforcement practice and is engaged by clients such as Sanrio, Lacoste and multiple other well-known retail brands.

Liad Whatstein & Co. Law Office

The team at Liad Whatstein & Co. Law Office is 'business-minded, well informed and very creative'; moreover, it is 'bold and daring' but also 'doesn't rush too quickly into litigation'. Led by name partner Liad Whatstein, the firm has considerable expertise in patent litigation in the pharmaceuticals sector, and is engaged by a host of multinational pharma companies. Whatstein is acting for Sanofi in a Supreme Court appeal concerning a District Court decision that the client committed fraud on the patent office in connection with its drug, Plavix. Additionally, the team is representing Merck in patent opposition proceedings brought by Teva, and is involved in multiple high-value revocation proceedings for Novartis. Whatstein also handled patent infringement cases for Pfizer and Eli Lilly. Outside of the pharmaceuticals sector, Whatstein and Amira Mangelus are acting for Italian agrochemical manufacturer Finchimica in opposition and infringement proceedings with a ChemChina company. The team is also advising a client in the defence sector on an IP ownership dispute with a sub-contractor.

Luthi+Webb

Luthi+Webb has experience in complex trade mark and copyright litigation, but is particularly standout in patent disputes, where the team is involved in some of the highest-profile claims in Israel. The team is led by Richard Luthi, who is considered by his peers to be one of the very best IP litigators in the country. Luthi is acting for Millennium Pharmaceuticals (Takeda) in relation to a patent infringement dispute against several Israeli generic drug companies, and also acted for Johnson & Johnson in defence of a patent opposition filed by Teva. In addition, Luthi's team successfully represented Mapi Pharma in a patent opposition filed by Teva regarding Mapi's use of a basic ingredient in Teva's drug, Copaxone. The group is also representing the Knesset, various MPs, and the Speaker of the Knesset in a copyright infringement case initiated by FLASH90, a photojournalism agency. Other key contacts include Martin Binnes, who also has expertise in the pharmaceuticals sector, and Daniel Lerner, who has experience in patent litigation and is engaged by Israel Aerospace Industries and Albemarle Corporation.

S. Horowitz & Co

S. Horowitz & Co is well known in every area of litigation in Israel and, in the IP space, has particular strengths in patent and trade mark disputes. The litigation practice is led by Tal Band, who handles a litany of patent opposition and patent infringement disputes for Teva, which is Israel's most active patent litigator. Band is also acting for Google and Waze Mobile in a patent infringement claim filed by an Israeli inventor. Additionally, Band, Dovev Apel and Yair Ziv acted for The Chemical, Pharmaceutical and Environmental Society of the Manufacturers' Association of Israel in a patent opposition claim against Takeda, which raised a fundamental question regarding patent term extensions. Another key figure in the department is Avi Ordo, who has particular expertise in multinational trade mark disputes, but also handles patent opposition proceedings. Ordo has handled trade mark opposition and infringement matters for client such as Sociedad Anónima Damm, NBC Universal and Allergan. Ran Vogel and Noam Blei are additional contacts in the department.

Dr Shlomo Cohen & Co Law Office

Dr Shlomo Cohen & Co Law Office is among Israel's best-known IP litigation firms. Led by Shlomo Cohen, the firm has an established reputation in procedures before the registrar, but is also involved in complex court cases involving trade marks and patent disputes. In a standout matter, Cohen represented a prominent pharmaceuticals company in a District Court appeal concerning the Israel Patent Office's decision regarding a patent term extension, in light of a CJEU ruling on the applicable date of marketing authorisation. Cohen is also representing multiple clients in a claim against a fragrance company regarding its marketing of smell-alike perfumes, which are branded with mis-spelled names of the original product. Also of note, the team represented a Chinese clien in an infringement claim and preliminary injunction with regard to an Israeli company's use of a confusingly similar logo; this claim was complicated by the fact that at the time of injunction, the client had no store presence in Israel.

Adin-Liss, Law Offices

Adin-Liss, Law Offices is an IP litigation boutique with experience in trade mark and patent disputes. The latter part of that service is bolstered by the firm's tie-up with Pyernik Patent Attorneys, which handles patent prosecution across a range of technology fields. The firm is jointly headed by Eran Liss and Dan Adin, who are instructed by major pharmaceuticals and life sciences companies, fashion retailers, multinational tech companies and other retailers. Adin and Liss are representing KS Kim International in a patent infringement claim filed by Millenium Pharmaceuticals. Additionally, the team has handled patent opposition proceedings for clients including Südzucker, and was also involved in a complex cancellation proceeding for a pharmaceuticals company. The the trade mark space, Liss and Adin represented Salesforce.com in a matter that was part of a larger global IP dispute, and are also involved in trade mark opposition proceedings for life sciences companies and global technology groups.

Herzog Fox & Neeman

Herzog Fox & Neeman is rated by international law firms and corporates for its 'exceptional ability to strategise and communicate directly and efficiently, both internally and externally'. Department head Karen Elburg often acts alongside US and European counsel in relation to cross-border trade mark and patent disputes. Elburg represented a multinational client in trade mark opposition proceedings at the EUIPO and the UKIPO together with UK and EU counsel, and is also acting in conjunction with Dentons to represent 888 Holdings in a US patent infringement case. Also of note, Gilad Wekselman represented Hazera Seeds in a patent dispute, which involved determinations of accessibility by the plaintiff to biological material that was included with the respondent's initial patent application. David Zailer is another contact in the practice group.

Meitar Liquornik Geva Leshem Tal Law Offices

Meitar Liquornik Geva Leshem Tal Law Offices has a highly regarded litigation group, which acts for a number of multinational tech companies and pharmaceuticals groups in copyright, trade mark and patent disputes, and has also been especially active in data and privacy claims. The firm's IP practice is led by Adv Yoav Oestreicher, who is defending Amazon.com in a copyright and trade mark claim brought by two Israeli companies, and is acting for clients such as LinkedIn Corporation in relation to alleged breaches of privacy laws. Oestreicher and Ariel Rakover are defending Verint in a patent infringement claim concerning a patent related to security breaches in cellular communication networks. Also of note, the team achieved recent success in a long-running dispute regarding alleged misuse of patent laws in a way that monopolises the market for a particular psychiatric drug; in this matter, the team acted for GSK. Oestreicher is also representing Philip Morris in proceedings initiated by Major League Baseball regarding Philip Morris' request to register the 'MLB' trademark in Israel.

Pearl Cohen Zedek Latzer Baratz

Pearl Cohen Zedek Latzer Baratz has considerable strengths in patent litigation in the life sciences and hi-tech sectors, and has also been involved in complex trade mark and IP ownership disputes. In the patent space, managing partner Zeev Pearl represented a multinational healthcare company in patent proceedings before the registrar concerning the applicability of Israeli law to biologics as opposed to chemical drugs. Pearl has also handled opposition proceedings for client such as Dimerix Bioscience PTY and CSL Behring. Additionally, Yossi Markovich is representing a prominent Israeli R&D company in a patent ownership dispute with the Kimron Veterinary Institute involving questions of statute of limitation. Trade mark disputes include Markovich and Dor Cohen Zedek acting for a sports retailer in a long-running opposition against Brooks Sports; following a successful outcome for the client, Brooks Sports has appealed to the District Court.

Seligsohn Gabrieli & Co

Seligsohn Gabrieli & Co is a fixture in the Israeli IP market. Bringing together 'experienced patent attorneys and legal advocates', the team 'proves both effective and efficient' and, with deep connections in the market, is often able to 'successfully manage disputes before they get to court'. In a particularly standout matter, Nahum Gabrieli and Ehud Gabrieli successfully represented defended Iscar in a patent infringement claim brought by Hanita Metal Factory; subsequently, the team acted for Iscar in an opposition against a patent application filed by Hanita. Also of note, the team is representing IMI Systems, as plaintiff and respondent, in a litany of patent oppositions against companies such as Diehl and Israel Aerospace Industries. The team also has an active trade mark practice, where it handles opposition, infringement and enforcement matters. The department advises Gottex Swimwear Brands on the registration and enforcement of trade mark rights in China, and also represents Perfetti Van Melle Benelux in opposition proceedings brought by The Hershey Company regarding the client's 'Power Kiss' mark. Many of the firm's clients have used the team for several decades, though the department continues to attract new clients, including KoLinPharma, Eurofood Marketing, and Dallan.

Ariel Dubinsky, Law Office

Ariel Dubinsky, Law Office has 'a seasoned IP litigation group, with considerable experience in handling various types of disputes', but is 'especially strong in trade mark and copyright enforcement'. Ariel Dubinsky is highly regarded by clients, some of whom describe him as 'a truly standout litigator'. Of late, Dubinsky has been involved in several significant trade mark and copyright infringement cases, and is also representing a client in the agro-chemicals industry in relation to a patent infringement claim. In particular, Dubinsky successfully represented Sharon Ron, a lecturer, in a claim alleging that a student used notes made throughout multiple lectures to publish two books under her own name; this ruling established a precedent that spoken lectures can indeed be copyrighted. Additionally, the team represented a defendant in copyright infringement proceedings, wherein it was decided that certain distributed pornographic cinematic works are not entitled to protection under copyright law in Israel. Moreover, Dubinsky is involved in various trade mark disputes for clients including easyGroup, YM Direct Import, and Balev Corporation.

Ehrlich Group

Ehrlich Group is involved in patent and trade mark opposition proceedings for a variety of domestic and international clients, and also has a strong enforcement practice. A key figure in the team is Michal Hirsch Birnbaum, who is representing Strauss Group in patent opposition proceedings filed against Tnuva; the case is currently on appeal to the Supreme Court. The team also has experience with patent disputes in the pharmaceuticals sector. Further, Yehuda Neubauer acted for Hijos De Rivera in relation to a trade mark opposition filed by its Spanish competitor, Sociedad DAMM. Neubauer also handles trade mark enforcement for FC Barcelona and Real Madrid CF.

Fischer Behar Chen Well Orion & Co

Fischer Behar Chen Well Orion & Co has recognised strengths in litigation and in IP, which it combines in a variety of IP disputes, including opposition, enforcement and infringement matters. The key figure in the IP litigation team is Yael Riemer, who is involved in multiple patent arbitration proceedings concerning IP ownership and protection in the defense and medical device sectors. Acting alongside Reuven Behar and Eran Yaniv, Riemer is also representing Allium Medical Solutions in a dispute with a state hospital regarding an alleged breach by Allium of certain service innovations. The team also handles IP enforcement and various litigious matters for prominent domestic clients in the media industry, including The Sports Channel, Channel 10, and a host of Israeli production companies.

G&A Glazberg, Applebaum & Co

G&A Glazberg, Applebaum & Co is 'a high-end specialist IP law firm', which has experience in a range of opposition proceedings, ownership disputes and enforcement matters. The team is jointly led by Ziv Glazberg and Nadav Applebaum, the latter of whom is acting for Dr Anat Berliner, an employee of ADAMA Agricultural Solutions, in relation to a compensation and royalties claim after her employer registered a patent for a chemical process, which Dr Berliner developed, without rewarding her as the inventor. In the trade mark space, Glazberg is representing Conduit in an opposition dispute with Apple concerning the client's Swiftic brand. The team is also involved in a series of high-profile copyright disputes in the luxury perfume industry.

M. Firon & Co Advocates and Notaries

M. Firon & Co Advocates and Notaries has experience in a range of trade mark disputes in court proceedings and before the registrar. Led by Eran Presenti, the team has handled objection proceedings for international and domestic clients including Bosch and Dan Hotels. Presenti is also defending BG Bond in a claim filed by Tambur, a construction products company, alleging the violation of several trade marks. Also of note, the department is experienced working for clients in the performance arts, media and entertainment industries. In one example, Presenti is acting for The Israel Records and Cassettes Federation in relation to a dispute with several local radio stations.

Salomon, Lipschütz & Co.

Salomon, Lipschütz & Co. is 'adept at developing common ground with opposing parties, which often enables the client to avoid litigation altogether', but if litigation does occur, the team has experienced practitioners in copyright and trade mark infringement and opposition proceedings. The department is led by Narda Ben Zvi, who is representing Brooks Sports in an appeal of the registrar's decision regarding a trade mark application in favour of Speedo Holdings. Additionally, Ben Zvi is acting for Bar Marketing and Distribution Holdings in relation to a trade mark infringement claim filed by the Israeli Professional Football Leagues against eight defendants. The firm also represents various rights holders, including inventors, artists and performers, primarily in copyright and trade mark disputes, though the team also has experience with patent and design disputes.