An Overview and Comparison of U.S. and Japanese Patent Litigation, Part II

An Overview and Comparison of U.S. and Japanese Patent Litigation, Part II

Kyle Pietari

The forces of globalization and nations’ investments in their patent systems are making the enforcement of patent rights an increasingly international practice. Though the patent systems of Japan and the United States differ in many fundamental ways, both are key jurisdictions. The aim of this two-part article is to provide a thorough overview and comparison of the major aspects of patent litigation in the U.S. and Japan. It is written from a litigator’s perspective, to demystify the system of each nation for someone familiar with that of the other nation.

Part One of this article provided an introduction to both systems and covered Japan’s and the U.S.’s sources of patent law, systems for obtaining patent rights, court systems for patent litigation, and systems of legal counsel for patent law. Part Two first covers the various aspects of patent litigation procedure, including pleading standards, litigation timelines, evidence, invalidity challenge procedures, remedies, and appeals. Part Two also covers border control measures, the different scopes of the patent litigation industry in each nation, and theories for why there is far less litigation in Japan. Throughout Parts One and Two, conclusions are frequently drawn regarding potential litigation strategy, based on the analyses provided.

98 J. PAT. & TRADEMARK OFF. SOC’Y 970(2016)

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