The Israeli Supreme Court’s decision in Sanofi v. Unipharm (December 26, 2023) marks a key development in patent law and the Unjust Enrichment Law.
The Court reaffirmed its 2021 ruling and clarified when a competitor may recover profits if a patent applicant intentionally misleads the Commissioner of Patents. The case underscores the duty of candor in patent applications and highlights the potential liability of innovators who impede competition through misleading filings.