Patent Litigation in Japan and Germany

INTERNATIONAL SYMPOSIUM 2014
Patent Litigation in Japan and Germany
October 2, 2014
German Patent and Trade Mark Office, Munich
jointly hosted by:
German Japanese
Association of Lawyers
German Patent and
Trade Mark Office
Japan Intellectual
Property Association
While Germany and other European countries are preparing for the European Patent with unitary effect and
the Unified Patent Court, it seems all the more important to look beyond Europe and see what can be learnt
from other jurisdictions. Germany and Japan have a
well-established tradition of studying each other’s
legal systems. After decades of strong influence of
German law and legal theory, Japan has developed independent, unique solutions for many legal issues
based on a thorough comparison of numerous legal
systems. This applies in particular to the area of patent
law. Japan was the first country whose government
was determined to develop an “IP Based Nation” to
foster global competitiveness of innovation and the
system to protect intellectual property in view of
limited natural resources. Considering their many
common roots and present challenges, the exchange
between Germany and Japan in the field of IP law and
Venue
Japan Patent
Attorneys Association
Japanese Group
of AIPPI
legal practice, specifically in the area of patent law,
thus promises to be especially beneficial and fruitful
for understanding and further developing the legal
systems of both countries.
This “International Symposium 2014: Patent Litigation in Japan and Germany” brings together the most
prominent and experienced patent practitioners who
will share their insights as judges, litigators or industry representatives with all participants. This unique
opportunity to obtain a direct comparative view from
these distinguished experts on selected current issues
of patent litigation makes this Symposium a very
special event.
We are pleased that this Symposium will be held in
Munich for a second time after 2009 and look forward
to your participation!
German Patent and Trade Mark Office, Zweibrückenstr. 12, 80331 Munich (www.dpma.de)
Language
Participation Fee
Registration
English
Free of charge
www.djjv.org/symposium2014
The Oktoberfest will be held in Munich at the same time as the Symposium. We therefore recommend
booking hotel accommodation as early as possible. Information on selected hotels is available at www.djjv.
org/symposium2014/hotels.
For further information, please contact:
Dr. Dirk Schüssler-Langeheine ([email protected])
Dr. Christian Lederer ([email protected])
Dr. Christof Karl ([email protected])
Program
8:00
Registration, coffee/tea
9:00
Welcome/Greetings
Cornelia Rudloff-Schäffer, President of the German Patent
and Trade Mark Office
Hidenao Yanagi, Consul-General of Japan in Munich
Dr. Jan Grotheer, President of the German-Japanese
Association of Lawyers
9:20
Overview on patent litigation in
Japan from a German perspective
Dr. Dirk Schüssler-Langeheine, Attorney-at-law,
Hoffmann · Eitle, Munich
9:45
Enforcement of process claims in
Japan
Ryoichi Mimura, Former Judge of the Japanese IP High
Court, Attorney-at-law, Nagashima Ohno & Tsunematsu, Tokyo
10:10
Enforcement of process claims in
Germany
Dr. Klaus Grabinski, Judge, German Federal Court of Justice
10:35
Discussion
11:00
Coffee break
11:30
Litigating standard-essential patents
in Japan
Ryuichi Shitara, Presiding Judge and President of the
Japanese IP High Court
11:55
Litigating standard-essential patents
in Germany
Dr. Thomas Kühnen, Presiding Judge, Higher Regional
Court Düsseldorf
12:20
Perspectives from the industry on
litigation of standard-essential
patents
Takeshi Ueno, Senior Counsel, IP Law, IBM Japan
Dr. Michael Fröhlich, Senior Director, EU IP & Strategy,
BlackBerry Deutschland GmbH
12:40
Discussion
13:00
Lunch break
14:00
Selected recent patent litigation
cases in Japan
Toshiaki Iimura, Former Presiding Judge and President
of the Japanese IP High Court
14:30
Selected recent patent litigation
cases in Germany
Prof. Dr. Peter Meier-Beck, Presiding Judge, German
Federal Court of Justice
15:00
Comparative comments and
discussion
15:30
Coffee break
16:00
Panel discussion – Patent litigation
in Japan and Germany from a user’s
perspective
– Obtaining and use of evidence in
patent litigation
– Advantages and disadvantages of
the patent litigation systems in
Japan and Germany
– Strategic considerations from a
user’s perspective
17:30
Eiji Katayama, Attorney-at-law, Abe, Ikubo & Katayama,
Tokyo
Maki Ohmizu, Senior Vice President, Legal, Compliance &
IP Unit, Fujitsu Limited
Prof. Katsuya Tamai, RCAST, University of Tokyo
Dr. Bastian Arnold, Senior Legal Counsel, Legal Department,
OSRAM GmbH
Dr. Jürgen Dressel, Head Global Litigation Strategy,
Novartis Pharma AG
Symposium closing
Moderators
Dr. Christof Karl, Attorney-at-law, Bardehle Pagenberg, Munich
Dr. Christian Lederer, Attorney-at-law, Taylor Wessing, Munich
After the symposium, there will be a reception with Japanese and German snacks at the foyer of the
German Patent and Trade Mark Office