アンダーソン・毛利・友常法律事務所

Intellectual Property

IP Dipspute (litigation, arbitration, customs action)

IP Litigation We have substantial experience in representing both proprietors (plaintiffs) and alleged infringers (defendants) in litigation and preliminary injunction proceedings preceding or concurrent to that, for infringement of patent, trademark, and design rights, copyrights, know-how, and other IP rights brought before the Tokyo and Osaka District Courts and other courts. We handle these matters using cross-functional teams consisting of litigation attorneys (bengoshi), patent attorneys (benrishi), and other specialists inside and outside AMT in accordance with the relevant technical fields. Advisory Opinions (hantei) and Trials (shimpan) before the Japan Patent Office We have significant experience in representing both claimants and respondents in advisory opinion proceedings (hantei) as well as in trials (shimpan) before the Japan Patent Office. Our experience includes representing clients in ex parte and inter parte proceedings before the Intellectual Property High Court of Japan seeking the revocation of trial decisions rendered by the Japan Patent Office. During these procedures, it is important to keep in mind the relationship with patent infringement litigations that take place in court. Customs Actions We have considerable experience in representing claimants and alleged infringers (respondents and/or importers) in customs actions and border detentions where an injunction has been sought from the Japan Customs Office to halt the importation of products that allegedly infringe on IP rights. Unfair Competition Litigation We have vast experience in representing both proprietors (plaintiffs) and alleged infringers (defendants) in unfair competition litigation brought before the Tokyo and Osaka District Courts and other courts, as well as negotiations that precede such litigation. Inventor Remuneration Litigation and IP Ownership Litigation We have extensive experience in representing employers in inventor remuneration litigation along with the negotiations that precede said litigation. Furthermore, we have significant experience litigating IP ownership disputes as well as the negotiations that precede such litigation. License Agreement, Joint Development, and Content Utilization Litigation/Dispute Resolution We have substantial experience in representing clients in litigation and arbitration regarding license agreements, joint development, and content utilization. In developing an appropriate resolution for these disputes, we take into consideration not only the underlying contractual issue and procedural law but also analyze antitrust and other relevant laws. IP Infringement and/or Validity Opinions We have a wide range of experience in rendering opinions regarding infringement and/or validity of IP rights, including patents. Our opinions are provided to ensure so called “Freedom of Operation,” and prepare for anticipated litigation and license negotiations. Moreover, we regularly assist our clients in seeking similar opinions on foreign patents from attorneys in other jurisdictions.