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.
Litigation 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: I-Tech Systems v. C.C.S., Inc. (2014), when patent attorney Taro Yaguchi successfully defended the validity of I-Tech Systems’ patent before the Tokyo IP High Court.
Current Pending Cases at Keisen in Japan as of August 2016
- Lawsuit(s) at Tokyo District Court 1
- Lawsuit(s) at IP High Court 3
- Trial(s) for Invalidation (equivalent to IPR at USPTO) at JPO 4
- Post-Grant Opposition trials 5
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.
Presiding Judge Misao Shimizu of Japan’s Intellectual Property High Court became its sixth presiding Chief Judge in January 2017. The Hon. Shimizu’s Inaugural Remarks are available on the IP High Court’s website. Japan instituted the IP High Court, connected to…
The options and implications for post-issuance/grant proceedings and oppositions in Japan can be complicated, and you will need to take various factors into consideration. Our presentation gives you background and ideas for protecting or challenging issued patents. We would be…
As of October 21, 2015, petitioners have filed 119 post-grant Opposition cases, which have been possible from April 1, 2015 under the 2014 amendment of Japan’s Patent Act. Of the Oppositions filed, 41 (34%) were filed against patents classified in…
The Supreme Court of Japan made a historic decision on Product-By-Process (PBP) claims on June 5, 2015 (Case Nos. Heisei 24 (Ju) 2658 and Heisei 24 (Ju) 2658.) Prior to the Supreme Court’s decision, the Grand Panel of Intellectual Property…
The Japan Patent Office (JPO) appeal board functions as the court of first instance, and appeal decisions made on an appeal against a Final Decision of Rejection made by the JPO are subject to review by the Intellectual Property High…
TOKYO- In I-Tech Systems v. C.C.S., Inc., Taro Yaguchi, Senior Partner at Keisen Associates, representing the plaintiff, I-Tech Systems, won on appeal in a revocation action at the Tokyo IP High Court against the JPO’s decision to invalidate the plaintiff’s…
In Japan, all benrishi (patent attorneys) qualify to render prosecutorial, filing and expert opinion roles regarding IP matters. In terms of litigations, however, their adversarial role is limited to appeals against the Japan Patent Office’s decision. For the benrishi to…
The results of the Japanese IP Infringement Litigator Examination was announced on December 18, 2012 and revealed that only 136 applicants passed the examination, down by approximately 25% from the previous year. Until the admissions process for future litigators becomes less regulated, it is important to keep in mind the two types of patent attorneys in existence in Japan and make an informed choice in finding representation that is right for you.
On November 8, 2007, the Japanese Supreme Court upheld Canon’s assertion that the import and sale of Canon’s used ink cartridges by the third-party ink seller, Recycle Assist, did indeed infringe on Canon’s patent. This is the second time the…