What is it worth to fight over patent infringement in Japan? Depending on the field and technology, apparently 3.3 billion yen (about US$ 30 million) in August 2021. Gaming company COLOPL, Inc. (headquarters: Shibuya, Tokyo) developed a popular computer game, “Shironeko [White cat] Project.” This game raked in great revenue, but Nintendo Co., Ltd. (Kyoto) set its sights on the technology used (e.g. the joystick feature on the smartphone screen in “Shironeko Project”).[1]
Nintendo’s IP department is considered very strong in Japan. Only after fine-tuning the wording of claims of the key patent in question (JP 3734820), Nintendo served warning to Colopl in September 2016. In 2018, Nintendo officially sued Colopl in the Tokyo District Court over five patents and sought injunction against Colopl. Colopl countered claiming that Nintendo’s patents were invalid.[2]
In February 2021, Colopl modified the particularly problematic joystick technology slightly. However, soon after that, Nintendo soon raised the damages it sought from JPY 4.4 billion to JPY 9.6 billion. Finally, on August 4, 2021, the two parties announced that they had reached a settlement. Please note that the JPY 3.3 billion pricetag includes the costs of a license for Colopl to use the heretofore infringed technology.[1]
Certainly, the worth of the technology will affect the worth of a patent infringement litigation matter, as in any country. However, the cash value will not be as large as in the United States!
If you have a concern about a possible infringement matter in Japan, please contact your Japanese patent attorney (one knowledgeable in intellectual property litigation in Japan’s courts) and consult.
* The information provided on this website is for informational purposes only and is not intended as legal advice.
** For questions or consultation, please contact us for more information.
Contact: Taro Yaguchi
Sources
[1] Chizaibu no Ogura-san. 任天堂・コロプラの訴訟が和解金33億で決着！内容や経緯を図解でわかりやすく解説 [Nintendo, Colopl’s suit ends with 3.3 billion yen settlement! Analysis with figures of the case and history].” https://tokkyo-lab.com/co/info-lawsuitnintendo Tokkyo Lab. IBI Inc. Accessed August 12, 2021.
[2] Chizaibu no Ogura-san. “任天堂VSコロプラの特許侵害訴訟から見る大企業の特許活用戦術！ [Learn big corporations’ patent leveraging hacks from the Nintendo Vs. Colopl patent infringement litigation!].” https://tokkyo-lab.com/co/info-lawsuit03og Tokkyo Lab. IBI Inc. Accessed August 12, 2021.
