Guideline for Proceedings of Patent Infringement Suit

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Guideline for Proceedings of Patent Infringement Suit

Intellectual Property Divisions (29th, 40th, 46th and 47th) of the Tokyo District Court

The Intellectual Property Divisions (29th, 40th, 46th and 47th) of the Tokyo District Court adopt the two-phase proceedings system for patent infringement suits, in principle. In the first stage (Stage for examination on infringement), the court conducts proceedings on whether the patent has been infringed or not (including invalidity of the patent). After the court finds that infringement has actually occurred, the second-phase proceedings will be conducted on the amount of damage (Stage for examination on damages). If the court does not find infringement, it does not proceed to the stage for examination on damages.

Attachment 1 shows the model for the proceedings in the stage for examination on infringement and Attachment 2 shows the model for the proceedings in the stage for examination on damages, both of which are assumed in a typical patent infringement suit by the Intellectual Property Divisions of the Tokyo District Court. The aim of this guideline is to achieve more systematic and efficient proceedings. In these models, it is assumed that the stage for examination on infringement will be completed through about five sessions of proceedings to arrange issues and evidence (preparatory proceedings) after the first date for oral argument. The stage for the examination on damages is also supposed to be conducted efficiently.

To make the court proceedings effective and efficient, each party should submit a brief and documentary evidence by the date designated by the court.

In the stage for the examination on infringement, the court may have technical advisers participate in the proceedings because technical matters are often disputed (Article 92-2 and subsequent provisions in the Code of Civil Procedure). As described in the proceedings model in the stage for examination on infringement in Attachment 1 , the Intellectual Property Divisions of the Tokyo District Court use technical advisers, mainly in an explanatory session (on the date for oral argument or preparatory proceedings). In addition to that, the court may also hear opinions of the parties regarding participation of technical advisers in the proceedings to arrange issues and evidence.

Please note that these proceedings models show typical proceedings. Actual court proceedings may vary in various points according to the policy adopted by each panel and the characteristics of each case.

  1. Rules of Practice
    1. Guideline for Proceedings of Patent Infringement Suit