Patent litigation in Japan: Chief Judge speaks on latest developments

There's a fascinating and highly educative event coming up next month in London, thanks to the generosity of its sponsors and the kindness of its hosts -- our friends the Chartered Institute of Patent Attorneys (CIPA) and the IP Lawyers Network Japan,  The details of this attraction look like this:

Recent Developments in Patent Litigation in Japan

13 April 2015

Time: 5:30-6:30 pm, followed by drinks & canapés thanks to generous contributions from the co-host IP Lawyers Network Japan and sponsors: Asahi Breweries Ltd, Canon Europe Ltd, Fujitsu, Honda Motor Europe Ltd., Kameda Seika Co Ltd, and Niigata University.

CIPA and the IP Lawyers Network Japan are pleased to announce a joint seminar inviting the new Chief Judge of the Japan Intellectual Property High Court (an appeal court), Judge Ryuichi Shitara, as the speaker.

The talk will cover the following topics:

Overview of procedures and recent trends

Introduction to the latest notable IP High Court’s Grand Panel judgments:

•   FRAND SEP, injunction and damages: Apple v Samsung
•   Patent term extension: Genentech v Japan Patent Office

Speaker: Judge Ryuichi Shitara, Chief Judge of the Japan Intellectual Property High Court

Price: Free for both members and non-members

CPD: 1 Hour

CIPA members must book on this seminar using the 'book me on event' button [this link should, with luck, lead to the right page]. If non-members or ITMA members wish to book, or for more information on the event, please email cpd@cipa.org.uk.

Fancy writing a report on this event for the CIPA Journal in exchange for a free place? For more information or to volunteer, please contact cpd@cipa.org.uk.

Biogen v Medeva: historical patent litigation landmark recognised

"Biogen v Medeva 20 years on" is the title of a seminar organised by Rouse for Thursday 16 October in the Crisis Skylight London Café (64 Commercial Street London, E1 6LT). You can check out the details here.  According to the rubric:

"Biogen v Medeva occupied the English patent courts for much of the early 1990s and the ‘Biogen insufficiency’ principle is still applied today [for a view of some applications of that decision in recent years, noted by the IPKat, click here]. Twenty years later, Rouse is bringing the protagonists of this landmark case together again...

We would be delighted if you would join us to hear about the impact this case had on the commercial, legal and scientific arenas as well as the personal recollections of the individuals involved. Our distinguished panellists include one of the expert witnesses in the case: Professor Jeffrey Almond; members of the parties’ in-house teams: Peter Cozens, Marcus Dalton and Bill Tyrrell; as well as a number of the external solicitors, barristers and US lawyers who acted in the litigation: Jim Haley, John Ilett, Professor Sir Robin Jacob, Leslie McDonell, Mark Hodgson, Adrian Speck QC and Diana Sternfeld".

This blogger is delighted to see an event that records the significance of a decision which, over the years, has remained centre stage and has fostered so much debate and sometimes fierce argument.

You can read the October 1996 decision of the House of Lords here

One new patent, one new court, one event -- and two venues

Managing Intellectual Property magazine, which this blogger founded back in the 1990s and for which he still has a soft spot, is running a conference, titled the "European Patent Reform Forum", in two European venues this autumn. On 9 September the Forum comes to Munich, Germany, and on 11 September it shifts to Paris, France. The significance of both venues, as well as a few words about the programme, can be found on my earlier Katpost here, together with details of registration discounts for readers of that weblog.

Apart from a session on the new unitary patent, the programme focuses almost entirely on patent litigation and dispute resolution issues. The sessions that address these topics are as follows:

The Unified Patent Court explained in detail 

• How to best navigate the new divisions and structures
• A practical guide to making best use of the courts and mitigating costs
• Understanding procedures: From starting proceedings through to trial
• Strategising in advance 

Split Proceedings and the UPC

• Transitional Period: Proceedings in National Court and in UPC
• Complaints by Licensees, Counterclaims for Revocation against Proprietor
• Bifurcation: Debunking the myths - Evaluating the possible pros and cons
• Appeals against Bifurcation under the 16th draft of the Rules of Procedure
• What should be learnt from current German practice?
• How judges will handle bifurcation 

The European Court of Justice and the Unified Patent Court 

• How the Spanish challenge affected plans for the new system
• When will/ won’t the ECJ be able to review issues of law pertaining to patents? 

Swiss focus 

• The new Swiss patent court – how does it work?
• The Swiss patent court and the UPC
• Challenges and opportunities for companies doing business in Switzerland 

Alternative IP strategies parallel to the UPC 

• Avoiding the down-sides of court litigation before the UPC: Alternative dispute resolution
and arbitration proceedings
• Best practices and strategies to utilize third party observations and opposition proceedings
before the EPO
• Interdependency and future interplay between existing legal mechanisms and the UPCsystem 

Litigation planning and forum shopping in the European Unified Patent Court

• Game over? Litigation planning and strategy under the new UPC
• Risks and opportunities of forum shopping in Europe 

Inter-industry debate - International litigation considerations

• How different countries regard the UPC
• The future of national legislation
• The unanswered questions about the UPC

This blogger is unable to attend, though he'd very much like to do so -- and while some of his friends are on the programmes (the cast of speakers is a little different, reflecting the fact that the host cities are in different countries, they are not in a position to do any real-time speed-blogging. Accordingly, if any of our readers are likely to be there and would like to write up a note on one or more of the sessions, for publication on this weblog, can they please email me at jjip@btinternet.com and let me know.

The IPEC: how does it feel?

How is the Intellectual Property Enterprise Court (IPEC) faring? This intriguingly-named court, replacing the much-admired Patents County Court, is currently manned by His Honour Judge Richard Hacon who is taking time off from his serious duties to give us a subjective account of what it feels like to have been six months at the helm.  Richard's talk, "Reflections from HHJ Hacon on the first six months", takes place at the London office of Hogan Lovells International LLP (50 Holborn Viaduct, London, EC1A 2FG).


This event, organised by the AIPPI UK, takes place on 22 May 2014 at the conveniently early time of 5.00 pm for the benefit of those who are attending other events later that day. Attendance is free for UK members and new applicants for membership, and £25 for non-members. There are 1.5 hours-worth of CPD points. To attend, just click here.

Top Japanese IP judge comes to town

On Wednesday 19 February our friends at IBIL, the Institute of Brand and Innovation Law at University College London, are offering a fascinating insight into how patent litigation -- and indeed all IP litigation --works in practice in Japan, a jurisdiction that is positively bristling with patents.   The programme looks like this:

UCL Institute of Brand and Innovation Law (IBIL) Lecture

How Japanese IP Litigation Really Works

with Chief Judge Toshiaki Iimura of the IP High Court, Tokyo

Chaired by The Rt Hon Professor Sir Robin Jacob, Sir Hugh Laddie Chair of Intellectual Property Law, UCL Faculty of Laws

Wednesday 19 February 2014 from 6.00- 7.30pm
Followed by a reception 

About the eventThe Chief Judge will cover all the following topics, answer questions and entering into debate: 

• General: the court structure, numbers, speed and trends, who the judges are and how they are selected;
• Interim injunctions;
• Procedures on the way to trial including discovery, party and court experts, what happens when the defendant attacks validity and the Japanese approach to bifurcation;
• Remedies, injunctions (mandatory or discretionary) damages, account of profits, legal costs, international jurisdiction
• Invalidation actions
• Post-trial procedure and the active involvement of judges in settlement discussions.

Programme:

17:30	Registration Bentham House Foyer
18:00	Welcome Professor Sir Robin Jacob
	The Lecture
19:15	Reception in the Keeton Room

If you'd like to register, or even if you'd just like to browse through the names of those who have already registered, just click here.

You can read an interview from 2012 with Chief Judge Iimura in Managing Intellectual Property, here

Calling all junior practitioners: IPSoc event on the UPC

IPSoc member examining
an expert witness in a
patent trial?

“Following on from Don McCombie’s recent series of posts on this weblog, IPSoc (the society for junior IP practitioners in the UK) has organised a seminar on Tuesday 11 June entitled “The European Unified Patent Court – Patent Litigation in the Brave New World: What do the proposals mean for junior practitioners in the UK?” The event is hosted at Latham & Watkins’ Bishopsgate offices. Registration opens at 18:30, with the talk commencing at 19:00, and there will be a drinks reception to follow from 20:00.

The seminar will provide an overview of the Unified Patent Court (UPC) proposals, with a particular focus on:

• the potential impact of the UPC on UK patent attorneys, solicitors and barristers in particular;

• the likely timing of the proposals and how long it might take for the full effects of the UPC to be felt; and

• our hopes and fears for the day-to-day practice of patent litigation in the UK and Europe under the new system.

Full details of the event, including how to sign-up, can be found here

Although the event is only open to IPSoc members, IPSoc membership is itself open to the vast majority of junior IP practitioners in the UK (see here for membership details).

Experts and scientific advisors in patent litigation: forthcoming event

Together with sponsoring law firm Taylor Wessing, the Institute of Brand and Innovation Law (IBIL) of UCL is holding a conference on Tuesday 11 June under the title "The role of experts & scientific advisors in Patent Litigation in the EU". The venue is UCL's, Faculty of Laws Building, Bentham House, Endsleigh Gardens, London WC1.

 This is an all-day event, running from 8:45am AM to 6:00pm, and offering an impressive array of speakers from both sides of the Atlantic. Further details of this event, including registration, may be accessed by clicking here.