Trademark Number 23360 for FREESULIN was filed by Beta 02 technologies LTD and after allowance and publication for opposition purposes, was opposed by Abbott Diabetes Care Inc.
The opposition was eventually dropped and Beta 02 technologies LTD filed a request for NIS 33,011.85 in legal costs and NIS 614.55 in out-of-pocket expenses. Adv. David Colb, of S.T. Colb patent attorneys who represented the applicants provided detailed receipts and full information regarding hourly rates and time spent to support the costs requested.
Abbott, represented by Shlomo Cohen Law Offices opposed the costs, claiming that they were exorbitant.
In her ruling, Ms Yaara Shoshani Caspi noted that the costs were incurred by the opposer replacing an affidavit from one witness to a different affidavit of another, and then indicating that the witness would not appear at a hearing with minimal warning. The opposition was then withdrawn at the start of the hearing, which Ms Shoshani Caspi alleged not only contributed to the costs incurred but was indicative of behavior that was borderline inequitable.
After reviewing the amount of material in the file and the behavior of the parties towards each other and towards the patent office, she ruled that the costs requested were real and reasonable and awarded the full sum requested.