Israel Military Industries vs. Northrop Grumman – Interim Costs

EP2597416Israel patent Application Number IL 223190 titled “PENETRATOR ROUND ASSEMBLY” to Northrop Grumman is more or less equivalent to US 8,985,026 and EP2597416.

The Application was allowed and published for opposition purposes.  Israel Military Industries filed an Opposition.  Oddly, Seligsohn, Gabrieli  & Partners represented both the original applicant, Alliant Techsystems Inc, and  Israel Military Industries.

It seems that Israel Military Industries filed the Opposition without counsel, then took extensions and filed sick-notes, and eventually filed their Statement of Case through Gilat Bareket.

Conflict of InterestSeligsohn, Gabrieli  & Partners represented the Applicant with their counter-statement of case, but then representation was transferred to Colb who applied to amend the specification on 26 January 2018 and then again on 27 January 2019. Perhaps unsurprisingly, Israel Military Industries and Gilat Bareket considered unacceptable and requested costs of 61,000 Shekels for opposing the first amendment, for receiving the second amendment which they did not oppose, but in view of subsequently being requiring to amend their statement of case.

estimationNorthrop Grumman considered this a ridiculous sum that was unsubstantiated, and suggested a more appropriate figure by guesstimation, would be 20,000 NIS. The Applicant countered that they’d approached the Opposer to try to amend by consent, but that the Opposer had chosen to ignore their advances and to oppose the amendments.

The Commissioner suggested that both parties conceded that the Applicant had created work and that the Opposer was entitled to compensation.  However, the compensation in an interim ruling could only be for work already performed, not for future work that would be required – which could be dealt with in a future interim ruling or in the final decision.

IMI could produce invoices for 31,000 Shekels for the Opposition and 5600 NIS for requesting cots. However, the Opposer could have cooperated with the Applicant and saved much of this work and so it could not be considered necessarily required.

The Opposer had offered to pay 20,000 Shekels costs, and the Applicant considered that reasonable in the circumstances.

The  commissioner therefore rules costs of 20,000 Shekels and gives the opposer 30 days to pay out.

Interim Cost ruling in Opposition IL 223169 (Israel Military Industries vs. Northropp).

COMMENT

Pot kettleColb arguing that costs are exhorbitant and unnecessary is fascinating development in view of various decisions such as the highly entertaining Rafa vs. 129724 to Takeda Aminach vs. Gabbai the  tobacco ruling and a tobacco ruling.

Then again, Colb has been awarded real costs in the past. See Freesulin 



Categories: Israel Patent, Israel Patent Office, Israel Patent Office Rulings, opposition, oppostion, Patents, הוצאות, החלטת ביניים, התנגדות, פטנט, פטנטים, קניין רוחני, קנין רוחני

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