Overview

Identified as ‘second to none‘ by his international clients (The Legal 500), and described as “extremely experienced and smart” (European Legal 500) as well as “a brilliant attorney with vast experience in many areas of law” (IAM 300 Strategy), Avi Ordo is widely recognized for the strength, depth and range of his practice, which is unparalleled for its level of expertise, service and diversity. Avi’s roster of clients includes numerous leading multinational corporations and entities (including S&P 500, Global 500 and other publically listed companies) from an array of industries (including pharmaceuticals, health, insurance, government and defence, entertainment and media, aviation and transportation, telecommunications, medical devices and hi-tech), as well as foreign governmental agencies.

Avi’s practice focuses on handling, among others, complex and cross-border technology-related matters and conflicts, particularly in the following areas of law: intellectual property, product liability and torts, professional negligence, contracts, insurance coverage, product recall and private international law.

During more than 27 years of practicing law, Avi has successfully appeared before all levels of Israeli courts and tribunals and has represented clients in many precedent-setting and high-profile cases and disputes. Avi has also represented clients in numerous local and international arbitration and mediation proceedings (including before JAMS, WIPO and ICC). In addition, Avi has developed a stellar reputation for acting and serving as lead counsel in major and multi-jurisdictional disputes involving the litigation of rights in parallel proceedings in different jurisdictions.

In the IP and IT arena, Avi is regarded as “a unique master in IP law (The Legal 500). Avi provides strategic legal counsel and advice designed to assist international and domestic rights holders from an array of industries in the ownership, use, enforcement, protection, freedom to operate, registration and commercialisation of their valuable intellectual property in today’s rapidly changing markets. Avi is a specialist in all areas of IP law, including patents, trademarks, trade secrets, copyrights and designs. He also heads the firm’s Trademarks and Designs Prosecution Department.

Avi has been consistently ranked by prominent international legal directories – including Chambers, The Legal 500, IAM Strategy 300, IAM Patent 1000, IP Stars, WTR 1000, Who’s Who Legal (Patents and Trademarks) and the International Law Office’s Client Choice award – as one of Israel’s leading IP lawyers.

These publications describe him as: a “top litigator”, “extremely bright, thorough, resourceful and commercial … plus, his cross-examination skills are simply second to none. On a scale of one to five stars, he must get six”, “able to foresee the next steps quite brilliantly in each case”, “a true standalone lawyer in the Israeli market and an absolute pleasure to work with”. They conclude by noting: “If you want to win a case, you better have Avi at your side;you won’t find a better strategist for winning a patent case and accomplishing your commercial objectives”; and that “quite simply, [Avi is] the first trademark practitioner in the country to spring to mind for many of his peers”.

In the product liability, professional negligence, insurance coverage and product recall arenas, Avi has also gained extensive experience in handling (mostly for defendants) complex and high profile matters and claims (including class actions), with potential damages amounting in billions of dollars. As in the field of IP, in these areas Avi has also collaborated with and guided many professional experts (including in complicated technical and scientific fields).

Avi has advised most of the leading international insurance companies on risk management and defending claims on behalf of their respective beneficiaries, as well as disputed coverage claims. He also advises and represents leading international manufacturers and entities across a considerable range of industries. Avi has been involved in product liability cases covering all kinds of damages, bodily or property-related, and a large number of causes of damage, such as fire or failure in design, planning, assembly or installation. Avi has also dealt with numerous product recall cases.

The Legal 500 describes Avi’s teams as a “top-class group of litigation specialists’ [which] represents major international and domestic insurance companies in corporate and commercial disputes, major class actions, subrogation claims and claims relating to professional negligence, medical negligence and personal injury”, and has also called Avi a “significant figure” in the insurance legal market. Chambers Global quoted his clients saying that he “considers arguments in depth and makes prudent judgments under pressure”. Avi was also awarded the lucrative International Law Office’s Client Choice award for litigation in Israel, while quoting his clients describing him as “a true standalone lawyer in the Israeli market and an absolute pleasure to work with”, as well as an attorney who “uniquely combines intelligence, thoroughness, a strong work ethic and the ability to translate the heavy local legal lingo into commercial sense, and his work product is consistently outstanding”. In addition, Avi was chosen by Corporate INTL magazine as Israel’s “Product Liability Lawyer of the Year”.

Avi’s contract law experience includes dealing with both contentious and non-contentious matters, such as advising on franchise law issues, as well as representing national and international entities in all kinds of contractual disputes, including with respect to the payment of royalties/licence fees, ownership of intellectual property, and enforcement and termination of distribution, agency and representation agreements.

In the private international law arena Avi has successfully dealt with conflicts regarding the scope of jurisdiction of Israeli courts, challenging the validity of service of court pleadings outside of the Israeli jurisdiction and choice of law clauses. His vast reputation in this field led him to serve as an expert in Israeli law before the High Court of Justice of England and Wales.

Languages: EnglishHebrew
Admissions: Israel Bar, 1993
Education: Tel Aviv University in collaboration with Boalt Hall School of Law, University of California, Berkeley, LLM, Commercial Law - summa cum laude, (2004-2005)Tel Aviv University, LL.B. cum laude, (1988-1992)Tel Aviv University, BA, Economics, (1988-1991)

Experience

Avi’s intellectual property experience includes, among many others, the following:

  • Representing global leaders in the pharmaceutical and medical device industries in numerous patent revocation and infringement proceedings.
  • Representing a global leader in the field of providing real-time road traffic information in patent revocation and infringement proceedings, including in a pioneering decision declaring the relative weakness of the presumption of validity of a granted patent that was not independently examined in Israel compared to a patent that underwent such examination (CA 2554/06 Decell Inc. v. ITIS Transportation Services Ltd.).
  • Representing a technology and innovation leader specialising in defence, civil government and cybersecurity solutions, in a multi-jurisdictional conflict concerning one of its famous trademarks used with respect to laser guided bombs.
  • Representing a global pharmaceutical leader in a series of trademark infringement cases in which it was held, including by the Supreme Court, that its blockbuster trademark is a well-known mark (MCM 1032/05 The Cosmetician Centre Ltd. et al v. Allergan Inc.).
  • Representing a leading American animation studio (a subsidiary of one of the world’s leading media and entertainment companies) in trademark conflicts versus an American apparel and fashion company (opposition to register trademark no. 264261 for “The Penguins of Madagascar”; a motion for the cancellation of trademarks no. 202757 and 202758 for “An Original Penguin by Munsingwear”).
  • Representing a leading Spanish brewery in trademark opposition proceedings versus another Spanish brewery (opposition to register trademark no. 257485 for “Estrella Galicia”).
  • Representing a leading global company in the cyber intelligence and defence market, whose parent company is listed on the NASDAQ, in several proceedings and conflicts aimed to protect its trade secrets and human resources (Leave to Appeal 9623/17 Geva v. Verint Systems Ltd.).
  • Representing the worldwide leader in IT, networking, and cybersecurity solutions in a multijurisdictional copyright conflict.
  • Representing a leading global production powerhouse in conflicts regarding the protection of one of the most famous reality competition television franchises (format).
  • Representing a leading professor of law in a precedent-setting case before the Supreme Court concerning copyright protection for a work which was allegedly not expressed in any tangible form (Civil Appeal 8117/03 Inbar v. Prof. Yaakov).
  • Representing and advising a leading global technology company that provides a cloud-based web development platform in court proceedings aimed to protect its copyrights and trade secrets, and before Israel’s Knesset, with respect to an amendment to the Israel Copyright Act.
  • Representing and advising Israeli societies for the protection of rights of artists, screenwriters and directors.
  • Managing and securing the trademark and design portfolios of numerous international and local entities, including the largest franchise chain in Israel, a global online lottery service, multinational streaming services entity, and a leading manufacturer of home care, cleaning and hygiene products.

Avi’s vast experience in product liability and torts, professional negligence, insurance coverage and product recall includes, among many others, the following:

  • Defending leading multinational insurers and their beneficiaries, as well as top-tier multinational entities and leading advisors (including Israeli and foreign law firms and CPAs), in dozens of product liability and professional negligence claims. The vast majority of these claims were either dismissed, in limine, or settled for a negligible value.
  • Defending a multinational automotive manufacturer in a series of class actions.
  • Defending a leading and pioneering biotechnology company (listed on the NASDAQ) with respect to an incident that allegedly caused death to a participant in a clinical trial.
  • Advising and representing numerous multinational companies, from an array of industries, with respect to product recall issues in Israel, including where the recall in Israel is part of a global recall, as well as with respect to follow-up proceedings (including class actions).

Avi’s experience relating to contractual disputes includes, among many others, the following:

  • Representing the commercial arm of one of the leading academic research institutions in a multi-million dollar royalty conflict.
  • Representing the worldwide leader in IT, networking, and cybersecurity solutions in a contractual dispute.
  • Representing a leading cyber company whose parent company is listed on the NASDAQ, in connection with various commercial disputes.
  • Representing hi-tech entrepreneurs in connection with their global IP rights and ownership in numerous patents concerning a device and method for heating using RF energy.
  • Representing and advising numerous leading multinational companies from an array of industries with respect to distribution, representation, agency and similar agreements, particularly with respect to the termination thereof with or without cause (including, for example: MCM (Tel-Aviv) 21415/03 Gil Medical Ltd. v. Abbott Vascular Devices Holland BV).

Avi’s experience with respect to Israeli private international law is reflected, among others, by the following:

  • Representing a global manufacturer in a precedent-setting decision in which the Supreme Court enforced, under unique circumstances, a foreign jurisdiction clause, and cancelled a previous ruling to grant a leave for service of pleadings outside of Israeli jurisdiction (Leave to Appeal 6767/15 Depotchem (1989) Ltd. v. Wacker Chemie AG).
  • Submitting an expert opinion in the High Court of Justice of England and Wales, regarding the validity of service of court pleadings effected in Israel.

Recognition

Avi has been consistently ranked by prominent international legal directories as one of Israel’s leading litigators and IP lawyers. Examples include the following:

  • Avi has been identified as a leader by both IAM Patent 1000 and IAM Strategy 300 (“not only a superb advocate but a world-class IP strategist and value creator”; “a brilliant attorney with vast experience in many areas of law”; “you won’t find a better strategist for winning a patent case”).
  • Avi has been identified by The Legal 500 as a Leading Individual in both IP and insurance law (“a unique master in IP law; a second to none; “a ‘straight-talking, top litigator”; “extremely experienced and smart”; “I will always contact him again if the need arises”; “solves IP disputes through incisive advice and analysis, attention to detail and with a businesslike but creative approach”; “very strong critical thinker”; a “significant figure” in the insurance legal market).
  • Avi has been ranked by Chambers as a leading IP practitioner and was noted for his expertise in complex disputes relating to trademarks, designs, patents and copyright (“extremely thorough, knowledgeable and a great adviser on sailing through the choppy waters of intellectual property litigation‏”).
  • WTR 1000 has ranked Avi in its Gold Tiers for both “enforcement and litigation and “prosecution and strategy‏” (“the first trademark practitioner in the country to spring to mind for many of his peers”; “A forceful litigator with an unparalleled level of experience in significant cases, he is a superb, stand-alone lawyer and a true professional”; “Avi’s cross-examination skills are nothing short of brilliant. He sees the big picture but, simultaneously, pays attention to detail”; “Extremely bright, thorough, resourceful and commercial”).
  • Avi has been identified as a leader by Who’s Who Legal (in both patents and trademarks).
  • Avi has been selected as a Global Leader by the WTR Global Leaders Guide.
  • Avi has been recognized by the WIPR Leaders Patent & Trademarks Guides as a leading IP practitioner in Israel.
  • Avi received the International Client Choice Award for litigation in Israel. The in-house counsels who recommended Avi for the award described him as: “the best IP and litigation lawyer in Israel” and someone who “uniquely combines intelligence, thoroughness, a strong work ethic and the ability to translate the heavy local legal lingo into commercial sense, and his work product is consistently outstanding” and “able to foresee the next steps quite brilliantly in each case”. He is seen as “resourceful, eloquent and highly effective – a true standalone lawyer in the Israeli market and an absolute pleasure to work with”.
  • Avi has been recognized as an ‘IP Star’ in the IP Stars directory practitioner rankings.

 

Other Activities

Avi has been a member of the following national and international professional organizations:

  • International Association for the Protection of Intellectual Property (AIPPI) (member of Standing Committees on Standards and Patents and Trademarks, and board member of the Israeli Chapter).
  • ICC
  • INTA, ECTA, ALAI
  • DRI (Defence Bar)
  • IP Committee of the Israel Bar Association (former Joint Chairman of the Tel Aviv District IP Committee)

 

Publications (Partial List):

  • The Israeli chapter of the international book “Genuine Use of Trademarks”, under the auspices of AIPPI, published by Kluwer Law International (co-author, 2019 – 2020).
  • The Country Q&A on “Trademarks Litigation in Israel for Practical Law”, Thomson Reuters (co-author, 2017).
  • The Israeli Chapter of “The Product Regulation and Liability Review”, Law Business Research (co-author, 2015 – 2016).
  • The Israeli Chapter of Trade Mark Litigation, Sweet & Maxwell) (co-author, 2013).
  • The Israeli chapter of “Product Recall, Getting the Deal Through” series (co-author, 2010 – 2012).
  • The Country Q&A on “Regulation of Pharmaceutical Products in Israel” for Practical Law’s Life Sciences 2009/10 (co-authored, 2009 – 2010).
  • The Israeli chapter on “Product Liability, Getting the Deal Through” series (2008 – 2010).
  • The PLC Q&A Guide series – “Doing Business in Israel and Life Sciences in Israel” (co-author, 2009-2010).
  • The Israeli version of WIPO’s guide entitled “Making a Mark – an Introduction to Trademarks for Small and Medium-sized Enterprises”, World Intellectual Property Organization (co-authored, 2006).

 

Speaking Engagements (Partial List):

  • “Copyrights Claims and Enforcement Strategies: the Defendant’s Perspective” (a roundtable at Law Faculty, Tel-Aviv University, January 2020).
  • “Patent Invalidity Court Proceedings: Israeli Law Perspective” (at the Sedona Conference on Global Aspects of Patent Litigation, November 2019).
  • “Compensation for Employee Inventions: – From the Patents Law through the ISCAR Case: Past, Present and Future” (at the 3rd IATI MNC Annual Conference, October 2015).
  • “IP LAW – New Challenges in View of a Changing Landscape” (at Lex Mundi’s IP Practice Group Global Meeting, 2014).
  • “Trademarks Disputes: Courts and Outside” (at the Workshop on Mediation of Trademarks Dispute organized  by WIPO Arbitration and Mediation Center and the Israeli Patent Office, 2014).
  • “Do Business in Israel but … Always Think of the End Before you Begin” (before members of FFF (Fédération Française de la Franchise) and CCFI (Chambre de Commerce France-Israel) at their 2013 Paris Convention).
  • “The Art of Cross-Examination” (at a seminar held by the Tel Aviv District of the Israeli Bar Association, 2012).
  • “The Other Side of Mediation” (at the Alternative IP Dispute Resolution Conference held by the Israeli Chamber of Mediators, 2012).

 

Recent News

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Covid-19 Update: Regulations & Legal Implications of the Corona Crisis

02/04/2020 | By Ehud (Udi) Arzi, Avi Ordo, Ronen Brumer, Ofir Pozner, Moran Katz, Shay Gimelstein, Ran Feldman, Evyatar Azulay, Nathaniel Lavie, Dorit Hamberg, Noa Lavian

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When the Penguins Are Marching to Town

04/03/2020 | By Avi Ordo and Moran Katz

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“BAYwatch” – when eBay carefully watches over the car industry

10/02/2020 | By Avi Ordo, Moran Katz and Yarden Enacab Yarom

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Who is the Boss in the Word “BOSS”?

15/09/2019 | By Avi Ordo and Moran Katz

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Not by Bread Alone – Angel vs Engel

29/05/2019 | By Avi Ordo and Dvir Rosenfeld

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Top Ranked By Chambers Global 2019

18/02/2019 | By S. Horowitz & Co.

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Is ESTRELLA a Star?

04/02/2019 | By Avi Ordo and Moran Katz

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Client Update: Is ESTRELLA a Star?

03/02/2019 | By S. Horowitz & Co.

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Pipeline problems

30/04/2018 | By Avi Ordo and Moran Katz

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Is McDonalds lovin it

31/12/2017 | By Avi Ordo

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NRG has lost its energy

31/12/2017 | By Avi Ordo

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SIXTY is not SEXY

31/12/2017 | By Avi Ordo

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Product Recall

31/12/2017 | By Avi Ordo

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A New Era for Designers

31/12/2017 | By Avi Ordo and Noam Blei

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The new Designs Law : A New Era for Designers

01/08/2017 | By Avi Ordo and Noam Blei

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