On April 26, 2017, a delegation comprising 24 members of AIPLA (American Intellectual Property Law Association) visited the IP High Court and held a meeting to exchange views with judges of the Court. AIPLA is an association organized in 1897, which consists of approximately 14,000 lawyers mainly dealing with intellectual property rights cases.
After opening remarks by Mr. Mark Whitaker, President of AIPLA, and Presiding Judge Makiko Takabe, Mr. Joseph A. Calvaruso from AIPLA delivered a presentation on the requirements of willful infringement under the title, “Willful Infringement Post-Halo.” Mr. Steve Meyer, also from AIPLA, then delivered a presentation on petition for patent invalidation, the application of estoppel under the title, “Post-Issuance Review Update.”
From the IP High Court, Presiding Judge Makiko Takabe made a presentation on the interpretation of Article 102 of the Patent Act of Japan under the title, “Damage due to Patent Infringement in Japan.” (PDF11751KB) In addition, she addressed the topic of the Supreme Court Judgment of the Maxacalcitol case (decided on March 24, 2017) in her presentation under the title, “Doctrine of Equivalents in Japan.”(PDF13969KB) Judge Sanae Kataoka also made a presentation on the similarity and confusion regarding trademarks under the title, “’Frank Miura’ Case and Related Issues.” (PDF9418KB)
Based on these presentations, an active Q & A session was held among participants from AIPLA and the IP High Court pertaining to the content of the presentations, particularly with regard to the difference of egregious nature between willful infringement cases and those in which increased damages are awarded, the interpretation of the concurring opinion of the Halo case, reasons for the increase of CAFC judgements that rescind trial/appeal decisions, and the relationship between the amount of royalty received and application of Article 102, paragraph(2) of the Patent Act.