Israel
Answer ... The final judgment of a first-instance court is subject to appeal by way of right. Because the first-instance court in patent infringement litigation is the district court, the appeal will be to the Supreme Court, which is the highest appellate court. Appeal of a non-final decision requires to leave to appeal. In rare cases, the Supreme Court may order a rehearing.
Final judgments of the registrar of patents may be appealed by way of right to the Jerusalem District Court or the Tel Aviv District Court. An appeal on a final judgment of those courts of appeal requires leave. Non-final decisions of the registrar of patents, such as a request for leave to appeal and requests for such leave, will more likely than not be refused, so as not to interfere with the course of the litigation before the Patent Office.
Grounds for appeal can include:
- legal errors in interpreting or applying the law;
- procedural errors that may affect the case’s outcome; or
- errors of fact that influenced the decision.
However, the courts are inclined not to interfere with factual findings by the Patent Office and show deference to its legal findings as well.
The process of appeal comprises several steps. It commences with the appellant submitting a notice of appeal or a request for leave to appeal. This submission is accompanied by an appeal brief that delineates the basis for the appeal and articulates the supporting arguments. Subsequently, the court may afford the opposing party the opportunity to counter with a written response addressing the appellant’s assertions. If the appeal or request for leave to appeal is dismissed, the court has the authority to decline without engaging with the opposite party’s position. In certain instances, oral hearings might be scheduled, enabling both parties to present their contentions and address any queries from the court.
Israel
Answer ... The duration of appeals in Israel can vary, depending on factors such as:
- case complexity;
- court workload; and
- procedural challenges.
Appeals to the district court may be decided between half a year and two years after filing.
Appeals to the Supreme Court typically take a few years to be resolved.