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Visit by a Delegation of the American Intellectual Property Law Association

On April 18, 2018, 21 delegates of the American Intellectual Property Law Association (AIPLA) visited the IP High Court and participated in a discussion seminar with the judges of the IP High Court and Tokyo District Court. Established in 1897, AIPLA is an organization consisting of approximately 14,000 legal professionals who largely deal with IP-related issues.
The session began with opening remarks by Chief Judge Misao Shimizu and Ms. Myra McCormack, the president of AIPLA. Then Ms. Sharon Israel and Mr. Andrew Freistein from AIPLA respectively gave presentations on “Hot Topics in US IP Caselaw” and “Developments in U.S. Patent Prosecution History Disclaimer.”
From the IP High Court, Chief Judge Shimizu and Judge Ayako Morioka respectively delivered presentations titled “Doctrine of Equivalents—Based on judgements in Japan—” and “Grand Panel Case ‘Pyrimidine Derivative’ Case.”
The judges and AIPLA delegates asked questions to each other, and discussed issues relating to the presentations. Topics discussed included interpretations of Section 271(f) of the U.S. Patent Act (35 USC), practice of prosecution history considerations, and the framework for determination of inventive steps.

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