Comparison of Patent Litigation Procedures in Japan, the United States, and Germany Part 2 United States
2022/10/20
Points of education for employees engaged in responding to whistleblowers [Part XNUMX]
2022/10/28
Anderson Mōri & Tomotsune
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Patent rights are rights that can serve as a basis for demanding injunctions against competitors' products or claiming large amounts of damages, and each company must design its products and services so as not to infringe on the patent rights of other companies. However, when there is a suspicion of patent infringement and the parties are unable to resolve the matter through a license agreement, etc., it is necessary to obtain a court decision through patent litigation. Here, patent lawsuits can be initiated in each country based on the territorial principle that patent rights are established in each country and are effective within the geographical scope of each country. Therefore, it is important to understand the overview of patent litigation procedures in each country from the perspective of preparing for future patent litigation. This time, in addition to Japan, I will explain and compare the overview of patent litigation procedures in the United States, which is important in terms of patent litigation risks and costs, and Germany, which has a large number of patent litigation cases in Europe. Part 1 deals with Japanese patent litigation proceedings.
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Anderson Mōri & Tomotsune
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Patent rights are rights that can serve as a basis for demanding injunctions against competitors' products or claiming large amounts of damages, and each company must design its products and services so as not to infringe on the patent rights of other companies. However, when there is a suspicion of patent infringement and the parties are unable to resolve the matter through a license agreement, etc., it is necessary to obtain a court decision through patent litigation. Here, patent lawsuits can be initiated in each country based on the territorial principle that patent rights are established in each country and are effective within the geographical scope of each country. Therefore, it is important to understand the overview of patent litigation procedures in each country from the perspective of preparing for future patent litigation. This time, in addition to Japan, I will explain and compare the overview of patent litigation procedures in the United States, which is important in terms of patent litigation risks and costs, and Germany, which has a large number of patent litigation cases in Europe. Part 1 deals with Japanese patent litigation proceedings.
Anderson Mōri & Tomotsune
Partner Masayuki Yamauchi Lawyer
He has a master's degree in science, and since being registered as an attorney, he has been mainly engaged in legal work related to advanced technology, including intellectual property-related work and life sciences.In terms of technical fields, while focusing on pharmaceuticals, we handle infringement lawsuits, license negotiations, and joint ventures in other technical fields including agricultural chemicals, semiconductors, liquid crystal display technology, printing technology, 3D printing technology, communication-related technology, and game technology. We handle development projects and technology transfer projects.In the legal field, in addition to patent law, we also have experience and knowledge in other forms of intellectual property rights, such as trademark-related cases, copyright-related cases, and cases related to unfair competition (indication of goods, etc., trade secrets). I haveIn addition, I also provide advice on handling patent infringement lawsuits in the United States, making use of my experience studying in the United States and working at a law firm.
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Since the early 1950s, Anderson, Mori & Tomotsune has been active on the front lines as a pioneer of full-fledged international law firms in Japan. Tomotsune Kimura Law Office, which has a particularly strong track record in the fields of transactions and cross-border investment cases, and a large US law firm with extensive experience in the international bankruptcy, business restructuring, and crisis management fields. Bingham, Sakai, Mimura and Aizawa Law Offices (foreign law joint ventures), which have been developed through foreign law joint ventures with our firm, merged and merged to form a comprehensive law firm.
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