The patent application opposed is titled “Storage- Stable Liquid Fibrinogen Formulation and Uses Thereof” In response to the Opposition being filed, which was based largely on a corresponding opposition filed in the EPO, the Applicant requested that the Notice of Allowance be withdrawn, effectively requesting continued examination.
Despite the relatively early stage of the opposition, the Opposers claimed actual legal expenses of 135,417.66 NIS, since they had to analyze scientific papers, the prosecution file in Israel and in Europe and the opposition filed in Europe. They also accused the applicant of bad faith and asked for exemplary expenses.
The Adjudicator of Patents did not uphold the accusation of bad faith, but did accept that despite the allowance being withdrawn early on, the opposers must have spent considerable resources in preparing for the action. Furthermore, the applicants and their representatives were criticized for not requesting that the allowance be reconsidered as soon as the opposition was filed in the European Patent Office.
Expenses of 5000 NIS and costs of a further 65,000 NIS were awarded.
The Case: Opposition to IL 157360 to Behring, filed by Omrix. The decision was ruled by adjudicator of patent oppositions, Ms Jaqueline Bracha on 12 September 2012.