David Shimoni has a patent for a flag on pole that fits to a car window. The Patent, Number 124982, titled “Banner Holder for Vehicles” issued 20 March 2005 and is in force.
In Israel, the more patriotic car drivers, particularly those with nagging kids ;-), tend to fix one or sometimes two such flags to their windows, the flags being distributed by teenagers at trafic lights at busy junctions.
Shimoni applied for a temporary injunction against Shragai Flags and Symbols LTD., and proprietors David and Miri Shragai on 18 April 2010, the day before National Rememberance Day for Israeli Soldiers and two days before Israel Independence Day.
Although Shimoni submitted the Certificate of Patent, he didn’t submit the claims or notice of renewal. Nor did he post bond to cover damages to the defendant in the advent that no infringement would be found. Consequently Judge Shaul Manhaim refused to issue the temporary injunction, ruling that the damages to the defendant for missing the short season would be significant, however, there were insufficient grounds submitted to prove that there was a valid patent that was infringed.
COMMENT
According to the Israel Patent Office Database, the patent was renewed and is in force. I do not think that a judge has to make such inquiries however. I have not examined the patent and do not know the scope of the claims. Nor do I know what the Shragai flag looks like, so have no opinion as to whether there is infringement or a legitimate invent-around.
I note from the published ruling that there is no indication that the plaintiff was represented. Whether or not he was, a copy of the patent, a certificate of renewal and an expert opinion showing that the Shragai flags fell within the ambit of the claims would have been helpful to the cause.
The judge offered to meet the parties at 8 :30 the following day, and ordered the Court Secretary to fax both parties immediately, and to make follow on calls…
The case: 22497/04/10 Tel Aviv; Shimon and Others vs. Shragai Flags and symbols LTD.
When attempting to
