Patent holders may need, at times, to defend their patent rights in order to benefit from them. Japanese patent laws, legal system, and litigation procedures present cross-cultural challenges to those unfamiliar with the ways things are done. Keisen is here to help with Japanese litigation and language support in the U.S. and in Japan. We offer support in patent and intellectual property litigation, contract disputes, discovery, and depositions. In particular, our professionals are experienced in international patent litigation and know how to support our international clients in case of a lawsuit with a Japanese party.
The Litigation Process in Japan
Accurately conveying one's concerns to the Japanese courts requires legal expertise as well as a thorough understanding of the cultural differences between Japan and one’s own country. Keisen's patent attorneys have the experience and the know-how on both accounts. We are experienced in enforcing intellectual property rights by means of litigation in all major areas of intellectual property law (such as patent infringement, opposition, and invalidity trials). You can see how our services may help you, by looking over some of our past cases of litigation, such as a successful defense of the validity of a patent for I-Tech Systems (2014) in the Tokyo IP High Court, or our defense of Garmin against patent infringement allegations in Japan (2017).
Pending Keisen Cases in Japan as of February 2023
- Trial(s) for Invalidation at JPO: 2
- District Court Patent Infringement Trials: 3
- IP High Court Appeal Trials: 1
- Post-Grant Opposition trials: 1
Litigation and Japanese Language Support in the U.S.
Keisen provides a broad range of Japanese litigation and language support to law firms and legal professionals in the U.S. We believe that a successful cross-cultural litigation strategy requires not only obtaining an accurate translation of evidence, but also evaluating evidence properly within its cultural context. Our highly qualified bilingual professionals can help you to shrink the cultural gap and reach a successful solution when facing off against Japanese firms in the U.S. Our language support team is able to review Japanese document production, translate English and Japanese documents, support arbitration, give expert witness on Japanese law, and make expert witness referrals.
Litigation Related News / Information
“GODZILLA”(r) Chomps Up Demolition Cutter Trademark “GUZZILLA” in Japan IP High Court
Japan’s famous monster “Godzilla,” that is, its trademark, rampages again. On July 19, 2023, Japan’s IP High Court judged in favor of the Japan Patent Office (JPO) Invalidation of Registration for another trademark, “GUZZILLA.” What’s GUZZILLA? GUZZILLA is the name…
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IP High Court, IP News, Japan, News, Trademark Litigation, Trademarks, What's New, What's New
DWANGO Vs. FC2 Decision by IP High Court, Japan, Means Protection for Patented Programs “Imported” from Foreign Servers
Japan’s IP High Court (IPHC) is setting a trend to deny patented programs even if sent from servers outside of Japan, with its May 26, 2023 case DWANGO v. FC2. The IPHC rejects immunity to FC2 simply on grounds that…
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Business and IP, Government Policy, IP High Court, IP News, Litigation and Negotiation, News, Patent Infringement, What's New
Business Court Soon to Open for IP and Other Cases in Tokyo
Japan plans to open a synergistic court this October—the Business Court. The new Business Court, a little further away from Tokyo Station (Nakameguro), is to house the IP High Court and intellectual property matters with other business-related legal courts together…
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Business and IP, IP High Court, Japan, Litigation and Negotiation, News, Patent Infringement, What's New
IP and International Relations: Mitsubishi Heavy Industries Keeps Fighting Korean Orders to Sell Its IP
Mitsubishi Heavy Industries and Korean litigants keep wrestling over how to put to rest the accounting for past colonial wrongs done to forced laborers. The collateral: intellectual property. As reported last year, the regional Daejeon Court tried to wrest reparations…
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Asia, International Agreements, IP News, Litigation and Negotiation, News, Trademark Litigation, What's New
IP Dispute Escalation: Nippon Steel Has Expanded Target to Mitsui as Well as Toyota
Late last year, news came out that Nippon Steel, one of Japan’s great steel manufacturers, was suing Toyota and Toyota’s new supplier of non-oriented magnetic steel sheets, Baosteel, for patent infringement. Later, Nippon Steel even set its sights on longstanding…
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Business and IP, IP News, Litigation and Negotiation, News, Patent Infringement, What's New
Asterisk Gives up Prize Patent vs. UNIQLO to Focus on Future Business
We reported less than half a year ago that UNIQLO’s non-viual scanning kiosks were judged patent-infringing by the IP High Court in Tokyo. The victor, IT company Asterisk Inc., was pleased, but wary of a drawn-out IP battle. Indeed, although…
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Business and IP, IP High Court, IP News, Ownership Rights and Licensing, Patent Infringement, What's New
How Much in a Settlement for Nintendo’s Patents?
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,…
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IP News, Litigation and Negotiation, News, Patent Infringement, What's New
UNIQLO Automatic Scanning Kiosks Infringe Patent, IP High Court Decides
Old shopping checkouts are vanishing in UNIQLO, which is famous in Japan and now outside of it for its casual apparel retailing. In recent years it gained attention for its automated checkout scanning systems, where the customer can place the…
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IP High Court, IP News, Japan, Litigation and Negotiation, News, Patent Infringement
JPO Stays Open As Tokyo Enters Another State of Emergency
Due to the “fourth wave” of novel coronavirus cases in Japan, Tokyo as well as some western prefectures of Japan were declared under yet another State of Emergency from April 25 to May 11. The relatively rigorous following of warnings…
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Japan PM’s Cabinet Recommends Reforms in Intellectual Property Law
The Ministry of Economy, Trade and Industry of Japan reported on March 2 that the Cabinet of Prime Minister Suga had approved various proposals to amend intellectual property laws in Japan. The main aims of the revisions would be to…
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Designs in Japan, Government Policy, IP News, Litigation and Negotiation, Other IP in Japan, Patent, Society and Culture, What's New, What's New
JPO Publishes More English Translations of IP Trials
Japanese is notoriously difficult to learn, and translation can be challenging. Machine translations understandably end up pretty bad sometimes. Did you know that the Japan Patent Office (JPO) tries to answer this challenge by selecting intellectual property-related court decisions that…
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JPO Allowing Oral Examinations to Resume, with Precautions Against COVID-19
The Japan Patent Office (JPO) reopened its doors to the public with limitations and precautions on June 1, 2020. It further announced on its website (update June 10) that it is allowing oral examination proceedings, with a long list of…
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Nobel Prize Laureate Honjo Suing Ono Pharmaceuticals for Greater Remuneration for Invention
Dr. Honjo Tasuku, a winner of the 2018 Nobel Prize for his research on cancer-fighting technologies, is making good on his threats to fight Ono Pharmaceuticals, the manufacturer of the treatment drug Opdivo, which signed a contract to use his…
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IP News, Litigation and Negotiation, Ownership Rights and Licensing, What's New
Japan Intellectual Property High Court Overrules Lower Court’s Patent Infringement Calculation, Estimating Higher Damages
How will a Japanese patent infringement pay off in damages if the infringement is recognized by the courts? A new decision by the Intellectual Property (IP) High Court of Japan on February 28, 2020 gives some idea of the formula…
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Kyocera and Preh Reach Licensing Resolution over Touchscreen Technology Patents
Kyocera Corporation (Kyoto) reported that its patent infringement case filed in 2018 against German automotive supplier Preh GmbH reached settlement in Germany. The resolution leads to an amicable licensing agreement over the haptic feedback technology for touchscreens. Kyocera developed the…
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