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Unipharm Plavix Ruling May Change Game On Recouping Lost Generics Profits In Israel

‘Plots Are Yet To Be Prepared For Us,’ Admits Israeli Supreme Court In Precedential Ruling

 
• By Dean Rudge

In a much watched and controversial case that may have significant ramifications on the “chilling effects” of generics manufacturers in Israel being deterred from chasing after approvals in which an originator has deceitfully sought to ‘evergreen’ its branded intellectual property, the Israeli Supreme Court has once again come down on the side of the generics industry.

A hand holding a gavel over a block, with scales of justice in the background
• Source: Shutterstock

Originators that intentionally deceive the Israel Patent Office can be found liable under the law of ‘unjust enrichment’ to pay restitution to generics manufacturers that were “deterred from competing” with branded drugs based on the originator “injecting uncertainty” into the market and forcing generic sponsors to “manage their risks,” the top Israeli court has reaffirmed.

The compensatory precedent available to generics manufacturers is according to the majority decision of a panel of five Israeli Supreme...

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