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The Israeli Supreme Court: Patent rights do not override Patients' rights!
  • The Israeli Supreme Court: Patent rights do not override Patients' rights!

    By Tal Band, Chair of the Intellectual Property practice group | 30/06/2016


    In a landmark judgment[1] rendered on June 15, 2016, the Supreme Court allowed an appeal filed by The Manufacturers Association of Israel (“the Association”), but denied that filed by Merck Sharp & Dohme Corp. (“MSD”), thereby determining that MSD's patent term extension (“PTE”) for ezetimibe (EZETROL®, marketed in the US under the name ZETIA®), has expired. The judgment has significant importance, both with respect to the constitutionality, as well as to the purposive interpretation of the amendment of the Israeli Patents Law, 1967 back in 2006.

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