IP Litigation in Japan

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.

Pending Keisen Cases in Japan as of May 2017

  • 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.

Litigation Related News / Information

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Foreign Statements Weighed for Estoppel by Japan’s IP High Court

In a possibly consequential decision, the IP High Court overturned the Tokyo District Court’s infringement case decision against Debiopharm International S.A., judging that plaintiff Nichi-Iko’s patent No. 4430229 was not infringed. What was important about the decision was that the…
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Government Policy, IP High Court, IP News, Litigation, Patent Infringement, What's New

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JASRAC Faces Criticism for New Copyright Claims Against Music Schools

The Japanese Society for Rights of Authors, Composers and Publishers (JASRAC) is known for being strict, even (some would say) overbearing with those who perform music that is covered by their copyrighting policies. JASRAC recently announced plans to charge 2.5%…
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Copyright, IP News, Litigation, News, What's New

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New Chief Judge of the IP High Court Installed

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.[1] Japan instituted the IP High Court, connected to…
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Appeal to Final Decision, IP High Court, IP News, Litigation, Patent Infringement, What's New

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Post Issuance Proceedings in Japan (Presentation)

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…
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Government Policy, IP High Court, Litigation, Patent Infringement

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The Results of the Japanese Patent Infringement Litigator Examination Show Low Passing Rate

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.

Litigation, What's New

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