Contributed By Gilat, Bareket & Co., Reinhold Cohn Group
There are no prerequisites (such as warning letters or engaging in mediation) for filing a lawsuit. Only the patentee and an exclusive licensee may file an infringement lawsuit. All co-patentees (and the exclusive licensee, if exists) must be joined as parties to an infringement action in order to have standing to sue.
For court fees for filing a lawsuit, see 8.2 Calculation of Court Fees.
Thus, in large-scale cases the court fees may reach significant amounts. The usual practice is to indicate merely a nominal amount for court fees; however, at the damages phase of the trial, the court fee for the full amount of the damages sought must be paid. One half of the court fees is paid as a condition to filing the lawsuit. The second half is payable before the trial date.
At the defendant’s request, the court may require the plaintiff to provide security for costs. Where the plaintiff is a limited liability company, the burden is on the plaintiff to prove that he or she is able to bear the costs if they are awarded against him or her. In the absence of such proof, the court will be inclined to order a security for costs. However, the court may not require a security if appropriate, having regard, inter alia, to the strength of the plaintiff’s case.
Where the plaintiff is an individual, although formal power to require security for costs exists, the court will usually refrain from making an order. However, where the individual plaintiff is a foreign resident lacking assets within the jurisdiction, the court will be inclined to issue an order (unless the plaintiff is a resident in a country that is party to a treaty with Israel in which the Israel agreed to waive the requirement of security for costs for residents of the other country).