In Japan, Unfriendly Courts Discourage Patent Suits

Law360, New York (November 10, 2006, 12:00 AM EST) -- Patent owners have grown increasingly frustrated with the courts in Japan, where judgments that favor plaintiffs have hit an all-time low, lawyers say.

After deciding patent litigation was taking too long and becoming too costly, Japan decided to overhaul much of its intellectual property policy. Today, although patent litigation may be faster, the system has had the unintended effect of making winning a case almost impossible for a plaintiff.

Some attorneys estimate that patent holders only prevail in 15% of the cases they bring, a trend...
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