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Symposium on Patent Litigation in Europe and Japan 2016
-Infringement and Validity Issues for Enforcement Strategy-
Fri., November 18, 2016
- Contents
- → 1. Outline
- → 2. Greetings
- → 3. Program
- → 4. Speakers Info
- → 5. Reference
1. Outline
| Dates: | Fri., November 18, 2016 10:00-18:00 |
| Venue: | Ascot Hall (B2F, South Wing), Hotel Okura Tokyo 2-10-4 Toranomon, Minato-ku,Tokyo |
| Organized by: | Japan Patent Office (JPO), German-Japanese Association of Jurists, Japan Federation of Bar Association (JFBA), IP Lawyers Network Japan, Japan Patent Attorneys Association (JPAA), Japan Intellectual Property Association (JIPA), International Association for the Protection of Intellectual Property of Japan (AIPPI JAPAN) |
| Supported by: | The Ministry of Justice |
2. Greetings
Yoshinori Komiya
Commissioner, Japan Patent Office
I am pleased to announce that the Japan Patent Office (JPO) will host the “Symposium on Patent Litigation in Europe and Japan.” The symposium is the part of a series of patent law symposia that have been organized by the German-Japanese Association of Jurists (DJJV) in Germany and Japan by turns once every two years. This time the symposium will cover not only issues in Germany and Japan, but also Europe wide issues in the field of patent litigation.
Since globalization of corporate activities has been rapidly progressed not only in Japan but also in Europe and the United States, the importance of improving an environment that can quickly protect technologies, designs, and brands as intellectual property has been increased in countries and regions all over the world. In this context, aiming for establishing the world’s best intellectual property system, the JPO has been taking initiatives to support acquisition and utilization of intellectual property rights on a global scale such as the “Patent Prosecution Highway (PPH),” publication and promotion of utilization regarding patent examination results, and cooperation for harmonization of intellectual property systems and operations worldwide.
In accordance with such international trend, it has become all the more important to address issues on dispute settlement regarding intellectual property from global perspectives. From the patent administration point of view, the JPO has been making efforts to deepen mutual understanding of respective legal systems in foreign countries through exchange of administrative judges, etc. This symposium is aimed to deepen international discussions on dispute settlement regarding intellectual property, by inviting the DJJV, legal professionals and experienced patent practitioners from Europe and Japan.
Program of the symposium will cover a wide range of topics such as keynote speeches by courts and patent offices of Japan and Europe, mock trials concerning the Unified Patent Court performed by experienced patent practitioners from Europe, and panel discussions among experienced patent practitioners from Europe and Japan about patent infringement lawsuits and validity of patents. I am confident that this symposium will be a very interesting and exciting opportunity for all of you.
We look forward to welcoming a lot of participants to the symposium.
Yoshinori Komiya
Commissioner, Japan Patent Office
Dr. Jan Grotheer
President of German-Japanese Jurist-Association
I am honored by the opportunity to give some remarks for the introduction of our symposium on behalf of the German Japanese Association of Jurists (DJJV).
The globalized economy and the narrow ties between Japan and Germany make it as well usefull as fruitfull to exchange informations and opinions about all fields of law and economy. And everybody knows that one of the most important fields is the Intellectual Property Law. This is why the DJJV already in 2009 organized our first Patent Law Symposium in Munich, the capital not only of Bavaria but of Patent Law in Germany too. In 2012 we had the honor to be one of the supporting organizations at the IP Symposium in Tokyo and in 2014 again in Munich we organized the third Symposium. So I may say that with this fourth symposium on Patent Litigation in Europe and Japan on Nov. 18th we now founded a wonderful and hopefully long lasting tradition.
Just in these days Patent Law is in the focus of German politics when discussing in the Cabinet as well as in the Parliament (on June 23rd) the Convention on a Unified Patent Court from February 19th, 2013 to establish a Unified Patent Court system for in principle all EU Member States, which has chambers of first instance in the Member States and a Court of Appeal in Luxembourg. The court shall adjudicate on existing European patents and the new Unitary Patent. In Germany, as a major patent country, will be provided four local chambers - Dusseldorf, Hamburg, Mannheim, Munich - and a branch of the Central Division - Munich. Unfortunately, the British People on the same day of June 23rd decided to leave the EU so that the realization of this Unified Patent Court may need some more time to start.
Please allow me some words regarding the German Japanese Association of Jurists.
The Association was founded in 1988 in Hamburg and has now around 700 members, mostly from Germany and Japan, but also from various other countries as well. Prominent examples are the USA and Australia but even Brasilia is present.
The Association is committed to strengthen the cooperation between German and Japanese jurists of all occupations and to deepen the mutual understanding of their respective legal systems. We are hoping to change the former one-way-street in comparison of law from Germany to Japan to a wide “Autobahn" that is also supplying information about Japanese Law to interested German and other European and Western jurists. So this conference, with its focus on Patent Litigation in Japan and Europe, fulfills in the best possible way the aim that the German-Japanese Jurist Association wants to achieve.
Dr. Jan Grotheer
President of German-Japanese Jurist-Association
3. Program
* "5. Reference" includes all the handouts (PDFs) of the lecturers. Please feel free to download.
| 10:00 | Opening | ||||||||||||
| 10:05-10:20 | Greetings | ||||||||||||
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| 10:20-12:30 | Part I Keynote Speech | ||||||||||||
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| 12:30-14:00 | Lunch Break | ||||||||||||
| 14:00-15:30 | Part II UPC Mock Trial | ||||||||||||
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Topic: UPC and Patent Invalidity Defense
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| 15:30-16:00 | Coffee Break | ||||||||||||
| 16:00-18:00 | Part III Panel Discussion | ||||||||||||
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16:00-17:00
17:00-18:00
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| 18:00 | Closing Remarks | ||||||||||||
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*Simultaneous translation between Japanese and English is provided.
4. Speakers Info
- Table of Speakers Info
- Greetings
- Court
- → Prof. Dr. Peter Meier-Beck, Presiding Judge, German Federal Court of Justice
- → Dr. Klaus Grabinski, Judge, German Federal Court of Justice
- → Ms. Beate Schmidt, President, German Federal Patent Court
- → Mr. Ryuichi Shitara, Chief Judge, Intellectual Property High Court
- → Mr. Misao Shimizu,Presiding Judge at IP High Court
- → Mr. Tamotsu Shoji, Presiding Judge at Tokyo District
- → Mr. Yasuhito Okinaka, Presiding Judge at Tokyo District Court
- Patent Office
- University
- Company
- Attorney at Law
- → Dr. Christof Karl, Attorney-at-law, Bardehle Pagenberg
- → Dr. Christian Lederer, Attorney-at-law, Taylor Wessing De. Dirk Schusler- Langeheine, Attorney-at-law, Hoffmann Eitle
- → Dr. Dirk Schusler- Langeheine, Attorney-at-law, Hoffmann Eitle
- → Mr. Ryoichi Mimura, Nagashima Ohno & Tsunematsu (Former Judge of the IP High Court)
- → Mr. Eiji Katayama,Attorney-at-law, Abe, Ikubo & Katayama
- Patent Attorney
Greetings
Yoshinori Komiya
Commissioner, Japan Patent Office
| 1984 | Graduated Faculty of Economics, University of Tokyo and joined Ministry of International Trade and Industry (present Ministry of Economy, Trade and Industry: METI). After years at General affairs section of Consumer Goods Industries Bureau, etc. |
| 1989 | North East Asia-U.S. Forum, Stanford University After returning Japan, |
| 1990 | Assistant Director, GATT Office, International Economic Affairs Division, International Economic Affairs Department, Trade PolicyBureau |
| 1991 | on loan to Nagasaki prefecture, Corporate Development Director of Economic Department |
| 1993 | Deputy Director, Textile and Apparel Products Division, Consumer Goods Industries Bureau, Ministry of International Trade and Industry |
| 1996 | Deputy Director, Industrial Location Policy Division, Environmental Protection and Industrial Location Policy Bureau |
| 1997 | Deputy Director, General Administration Division, Basic Industries Bureau |
| 1998 | First Secretary, Embassy of Japan in Korea |
| 2001 | Councilor, Embassy of Japan in Korea |
| 2001 | Director, Intellectual Property Policy Office, Economic and Industrial Policy Bureau, Ministry of Economy, Trade and Industry |
| 2004 | Director, Industrial Machinery Division, Manufacturing Industries Bureau |
| 2005 | Executive Secretary to the Minister |
| 2006 | Director, Industrial Finance Division, Economic and Industrial Policy Bureau |
| 2008 | Counsellor, Cabinet Secretariat (Office for Assistant Chief Cabinet Secretary) |
| 2010 | Director, General Policy Division, Agency for Natural Resources and Energy |
| 2011 | Deputy Director-General, Economic and Industrial Policy Bureau |
| 2012 | Co-COO Corporate Planning, Innovation Network Corporation of Japan |
| 2014 | Director General, Office of National Space Policy, Cabinet Office |
| 2016 | Director General, National Space Policy Secretariat, Cabinet Office |
| 2016 - | Commissioner, Japan Patent Office |
He published “Industry and Finance of 21st Century- strike a balance between Industry and Finance- (October 2008, co-authored, Research Institute of Economy, Trade and Industry)
Jan Grotheer
President of German-Japanese Jurist-Associatio
| 07.11.1945 | Born in Hannover |
| 1965 - 1969 | Academic studies (Law and Economics) Hamburg |
| 1970 - 1974 | Academic research assistent professor (civil and labour law) |
| 1974 - 1975 | Attorney-at-law, Scherzberg & Undritz, presently, White & Case, Feddersen law firm |
| 1975 | Judge at Local Court in Hamburg |
| 1978 - 1980 | Press Secretary to Minister of Justice in Hamburg |
| 1980 - 1982 | Assistant to the President of Amtsgericht Hamburg, administrative duties |
| 1982 | Judge at Tax High Court Hamburg |
| 1997 - 2010 | President Tax High Court Hamburg |
| 1992 - 2005 | Member of the Board of German Judges Association |
| 1992 - 2005 | German delegate to IAJ (International Association of Judges) |
| 1995 - | President of German-Japanese Jurist-Association |
| 1997 - | President of German-Taiwanese Jurist Association |
Court
Peter Meier-Beck
Judge at the German Federal Supreme Court (Bundesgerichtshof)
|
He is a German national, born in 1955, who received his law education at the Universities of Bonn and Freiburg, taking law degrees in 1980, and in 1984 a doctorate in law from the University of Freiburg. He practised as an attorney-at-law in 1984. After stages as a judge at the Dusseldorf Landgericht (Regional Court) and Oberlandesgericht (Higher Regional Court) from 1985 to 1993 he assumed the position of the Presiding Judge of Dusseldorf Regional Court's 4th Civil Chamber which acted as North-Rhine Westphalia Patent Litigation State Court. In 2000 he was appointed Federal Judge and member of the Bundesgerichtshof where, again, he deals with patent and competition (anti-trust) cases. While remaining a member of the competition law division he serves as the Presiding Judge of the 10th Civil Senate (Patent Division) since November 2010. Dr Meier-Beck has been teaching intellectual property law and especially patent law for many years. Since February 2005 he holds an Honorary Professorship at the University of Dusseldorf. |
Klaus Grabinski
Judge of the Federal Court of Justice (Bundesgerichtshof)
|
Dr Klaus Grabinski was appointed as judge in the Federal Court of Justice (Bundesgerichtshof) in 2009. At the Federal Court of Justice he is allocated to the 10th Civil Division (X. Zivilsenat), which has inter alia jurisdiction in patent dispute matters. Before, he was Presiding Judge at the District Court in Dusseldorf in one of the two Patent Litigation Divisions (2001-2009), Judge at the Court of Appeal in Dusseldorf (2000-2001), Legal Researcher at the Federal Court of Justice (1997-2000) and Judge at the District Court in Dusseldorf (1992-1997). Dr Grabinski studied law at the Universities of Trier, Geneva and Cologne. He is co-author of a commentary on the European Patent Convention (Benkard, Europaisches Patentubereinkommen, 2nd edition) and a commentary on the German Patent Act (Benkard, Patentgesetz, 11th edition) and author of numerous articles concerning Patent Law, Civil Procedure and International Private Law. Dr Grabinski is member of the Expert Panel advising the UPC Preparatory Committee. He was member of the Drafting Committee on UPC Rules of Procedure. He is a frequent speaker on patent law at national and international conferences. |
Beate Schmidt
Chief Judge of the Federal Patent Court (Bundespatentgericht)
| 1979 | Graduated from the Wurzburg Maximilian University, Faculty of Law |
| 1982 | Passed final (2nd) State Examination |
| 1982 | Took office as Judge first at Aschaffenburg District Court (criminal law), later civil law, followed by a term as prosecutor |
| 1986 | Seconded to the Federal Ministry of Justice, holding several posts including desk officer Copyright Law and Assistant to the Secretary of State from 1991 to 1994 |
| 1994 | Appointed as Judge at the Federal Patent Court (member of a trade mark board) |
| 1997 | Appointed as Head of Human Resource Department, German Patent and Trademark Office |
| 2001 | Appointed Director of Trademark Department of German Patent and Trademark Office |
| 2006 | Took office at the OHIM, Alicante, Spain, now EUIPO, first as director of Trademark Department, later as director of Cancellation and Litigation Department |
| 2011 | Appointed as Chief Judge of the Federal Patent Court, Presiding Judge of 1. Nullity Board |
Ryuichi Shitara
Chief Judge of the Intellectual Property High Court
| 1975: | Graduated from the University of Tokyo Faculty of Law |
| 1979: | Took office as Associate Judge at the Tokyo District Court (Intellectual Property Division). After consecutively holding various posts such as Judge at the Tokyo District Court (Intellectual Property Division), Judge at the Osaka District Court, Judge at the Tokyo District Court (Intellectual Property Division), and Judge at the Saitama District Court, |
| 2001: | Took office as Judge at the Tokyo High Court (Intellectual Property Division) |
| 2005: | as Chief Judge of the Tokyo District Court (Intellectual Property Division) |
| 2008: | as Judge of the Tokyo High Court |
| 2009: | as Chief Justice of the Niigata District Court |
| 2011: | as Presiding Judge of the Tokyo High Court |
| 2013: | as Presiding Judge of the Intellectual Property High Court |
From June 2014 to the present: as Chief Judge of the Intellectual Property High Court
Wrote many books on lawsuits of intellectual property.
Misao Shimizu
Judge of the Intellectual Property High Court
|
1Mr. Shimizu is a graduate of Faculty of Law at the University of Tokyo (class of 1977). He was appointed as Assistant Judge of the Yokohama District Court in 1979. Subsequently he became Judge of the Tokyo Family Court and Administrative Judge of the National Tax Tribunal in Tokyo before he assumed the position of Judge of the Tokyo High Court (Intellectual Property Department) in 1996. Then he took the positions of Presiding Judge of the Naha District Court and Judge of the Tokyo High Court (Intellectual Property Department) before he was appointed as the Presiding Judge of the Tokyo District Court (Intellectual Property Department) in 2004. Following that, he became Judge of the Intellectual Property High Court and Chief of the Tokushima District Family Court. He has been Presiding Judge of the Intellectual Property High Court since 2013. He has numerous publications on intellectual property litigations in Japan besides speaking about the subject at conferences at home and abroad. |
Tamotsu Shoji
Judge of Tokyo District Court
| Mr. Shoji graduated from the School of Law at Meiji University in 1983. He was appointed Assistant Judge of the Tokyo District Court in 1989. He was subsequently appointed Assistant Judge of the Gifu District Court in 1991, Assistant Judge of the Kitami Branch of the Kushiro District Court in 1994, Assistant Judge of the Tokyo Family Court in 1996, Judge of the Okinawa Branch of the Naha District Court in 1999, Judge of the Tokyo District Court (Intellectual Property Division) in 2002, Presiding Judge of the Hakodate District Court in 2006, Judge of the Intellectual Property High Court in 2009, and Presiding Judge of the Tokyo District Court (Intellectual Property Division) in 2012, before taking up his present post. |
Yasuhito Okinaka
Presiding Judge of Tokyo District Court
| January 2015- Present | A Presiding Judge of Tokyo District Court, Civil Division (Hearing intellectual property cases) |
| April 2012- December 2014 | Yokohama District Court, Civil Division |
| April 2009- March 2012 | Ministry of Justice |
| April 2006- March 2009 | Nagoya High Court, Civil Division |
| April 2003- March 2006 | Intellectual Property High Court (Hearing intellectual property cases) |
| April 2001- March 2003 | Naha District Court, Civil Division |
| April 1996- March 2001 | Tokyo District Court, Civil Division (April 1997- March 2001 Hearing intellectual property cases) |
| April 1994- March 1996 | Kushiro District Court, Civil Division |
| April 1992- March 1994 | Tokyo District Court, Civil Division |
| April 1992 | Finished the Judicial Research and Training Institute and appointed to be a Judge |
| March 1990 | Graduated from the faculty of law at the University of Tokyo |
Patent Office
Hubert Fuchs
Director, European Patent Office
| Following completion of his Master degree of Engineering in Mechanics and Electro-technology in France, Hubert Fuchs started at the European Patent Office in Berlin where he worked 17 years as Patent Examiner before being appointed in 2002 to a line management function. His current directorate covers technical areas in Medical Technology, Applied Chemistry, Biotechnology and Physics and the Patent Examiners in his directorate are dealing with all aspects of the Patent Procedure (search, substantive examination, limitation, revocation and oppositions). Besides his operational line management activities, he was over the last years also in charge of different horizontal functions like Human Resources, Quality and Patent Procedures and he is since 2012 Deputy Site Manager of the Berlin Sub-Office. Hubert Fuchs took also part as trainer and lecturer in different training activities in the framework of the so-called Regional Industrial Property Programme (RIPP) and of some international cooperation programmes organised by the European Patent Office with other national patent offices. |
Kunihiko Shimano
Director-General of the Trial and Appeal Department, Japan Patent Office
| KUNIHIKO SHIMANO was appointed Director General of the Trial and Appeal Department in July 2015. Prior to assuming this current position, he served as Patent Examiner in the Power-generation Control Division, in charge of automatic controls; as Administrative Judge at the Trial and Appeal Department, in charge of business machinery; as Counselor of the Intellectual Property Strategy Promotion Headquarters in the Cabinet Secretariat; as Director of the Policy Planning and Research Division of the Policy Planning and Coordination Department; as Director of the Administrative Affairs Division of the Patent Examination Department; and as Director-General of the Patent Examination Department, in change of electronic technology. He joined the Japan Patent Office (JPO) in April 1985, after graduating with a master’s degree from the Faculty of Science and Engineering of Waseda University, Tokyo. |
Akira Tanji
Executive Chief Administrative Judge, Japan Patent Office
| Education | |
| -1983.03. | Master of Engineering, Tohoku University |
| Career | |
| 1983.04. | Japan Patent Office |
| 1987.04. | Examiner, Data Processing Division, JPO |
| 1994.02. | Embassy of Japan in India, New Delhi |
| 1997.04. | Administrative Patent Judge, JPO |
| 2004.07. | Director, Storage and File Management Sub-Division, JPO |
| 2007.08. | Director, Information Storage Division, JPO |
| 2008.07. | Senior Director, Transmission Systems Division, JPO |
| 2010.10. | Deputy Director-General, Patent Examination Department (Electronic Technology), JPO |
| 2011.10. | Judicial Research Official, Supreme Court and Intellectual Property High Court |
| 2014.10. | Director of the Board of Trial and Appeal (The 32nd Board of Trial and Appeal), JPO |
| 2015.04. | Executive Chief Administrative Judge, JPO |
Akio Senju
Chief Administrative Judge, Japan Patent Office
| 1988 | Graduated from the University of Tokyo (Faculty of Agriculture), and joined the Japan Patent Office |
| 1994 | Deputy Director, APEC Promotion Office, International Trade Policy Bureau, Ministry of International Trade and Industry |
| 2001 | Deputy Director, Technology Research Division, Policy Planning and Coordination Department (Deputy Director, Technology Trend Research Section) |
| 2006 | Associate Managing Examiner, Patent Examination Department (Mechanical Technology) / Leader, Hybrid Electric Vehicle Examination Project |
| 2008 | Managing Examiner, Patent Examination Department (Mechanical Technology) |
| 2011 | Professor, Graduate School of Law at Tohoku University / Committee Member, Intellectual Property Review Committee, Head Office for Promotion of Enterprise partnerships |
| 2013 | Director, Patent Examination Department (Mechanical Technology) |
| 2014- | Chief Administrative Judge, Trial and Appeal Department Study Group member in the Field of Machinery, Trial and Appeal Practitioner Study Group FY2015 Member, Patent Attorney Examination Committee FY2016 |
University
Ryu Takabayashi
Professor, Waseda University
| Prof. Takabayashi graduated from the Waseda University School of Law in 1976. He then became Assistant Judge of the Tokyo District Court in 1978. Until his retirement and return to the Waseda University School of Law as Associate Professor in 1995, he held such responsibilities as Assistant Judge of the Naha District Court, Assistant Judge of the Tokyo District Court (Department of Intellectual Property), Judge of the Matsuyama District Court, and Judicial Research Official in charge of matters related to intellectual property at the Supreme Court of Japan in 1990. In 1996, he was promoted to Professor. He has been engaged in the education and study of intellectual property law ever since. He is currently President of the Japan Association of Industrial Property Law, Director of the Copyright Law Association of Japan, and the Chairperson of the Patent System Subcommittee under the Intellectual Property Subcommittee, Industrial Structure Council. He is the author of Patent Law from the Ground Up - 5th Edition (Yuhikaku), Copyright Law from the Ground Up - 2nd Edition (Yuhikaku), and Standard Civil Procedure for Those Who Work with Intellectual Property (Japan Institute for Promoting Invention and Innovation). He has also written a number of research papers on intellectual property law. |
Company
Kenichi Nagasawa
Managing Executive Officer, Group Executive Corporate Intellectual Property and Legal Headquarters Canon Inc.
| Kenichi Nagasawa was appointed to the Head of the Intellectual Property and Legal Headquarters, Canon Inc. in April 2010. After graduating from the Department of Engineering of Doshisya University, Mr. Nagasawa joined Canon Inc. in 1981 and he has been engaged in Intellectual Property Division since then. After many experience in patent prosecution, Mr. Nagasawa was loan to Canon Europe Ltd. from 2001 to 2006 as a Head of Intellectual Property Group. During his stay in Europe, he established IP management system for Canon’s affiliates in Europe, Russia, Africa and the Middle East. Having served as Senior General Manager of Intellectual Property Technology Center for 2 years from 2006, Mr. Nagasawa was transferred to Canon U.S.A. Inc. as a Head of Intellectual Property Division from 2008 to February 2010. After returning, Mr. Nagasawa served as the Director, Member of the Board, and in March 2016, Mr. Nagasawa became a Managing Executive Officer of Canon Inc. |
Attorney at Law
Christof Karl
Partner, Bardehle Pagenberg
| Dr. Christof Karl specializes in litigation and prosecution of patents, in particular in the technical fields of computer hardware, software and telecommunications. He also advises on issues of licensing, employee invention law, and copyright law. Mr. Karl represents clients in patent infringement proceedings before the German District Courts and the Courts of Appeal, and in patent invalidity proceedings before the European Patent Office, the German Patent and Trade Mark Office, the German Federal Patent Court, and the German Federal Court of Justice. In his patent prosecution practice, one of his focus areas is the patentability of software and other computer-implemented inventions. His clients include leading U.S. companies in the areas of computers, computer networks, telecommunications and financial services, a major Japanese computer game manufacturer, as well as smaller and medium-sized German and international companies. His qualifications as Attorney-at-Law admitted to practice in Germany and in New York, computer scientist, and German and European Patent Attorney enable him to handle both the legal and technical aspects of a case. He teaches patent law at the Munich Intellectual Property Law Center (MIPLC) and at the Universite de Liege (Belgium). |
Christian Lederer
Partner, Taylor Wessing
| Christian Lederer is head of Taylor Wessing´s German Patents group and located in the Munich office of Taylor Wessing. He advises and represents national and international clients in issues relating to patent law. He specializes notably in patent litigation (patent infringement and patent invalidity litigation), including the management and coordination of international, multi-jurisdictional litigation. Christian Lederer represents his clients in all relevant German patent courts (district courts, courts of appeal, Federal Patent Court, Federal Supreme Court). He is specifically well familiar with Japanese clients and has a good understanding of Japanese patent law. In 1996 he started in a Munich law firm and became their IP practice group coordinator. He joined Taylor Wessing as a partner in August 2003. Christian Lederer passed his first and second legal state exams in Munich in 1992 and 1996. He was awarded his doctor of laws in 1994. He is a member of the German Association on Industrial Property and Copyright (GRUR) and the Association Internationale pour la Protection de la Propriete Industrielle (AIPPI). He is furthermore member of the German-Japanese Association of Jurists (DJJV) where he holds the position of spokesman for the state of Bavaria as well as member of the German-Japanese Society (DJG). |
Dirk Schusler-Langeheine
Partner, Hoffmann Eitle
| Dirk Schusler-Langeheine is a German Rechtsanwalt (attorney-at-law) and heads the patent litigation and licensing department of the European IP law firm Hoffmann Eitle. He studied law, politics and Japanese language and culture at Bonn University (Germany) and has a Ph.D. in law. He wrote his doctoral thesis on actions for damages in Japan. He studied in Japan for two years, one year thereof as research student at the law faculty of Kobe University as scholar of the Japan Foundation. After having worked his first years as an attorney-at-law at the Japan Desk of a general law firm in Dusseldorf, he joined Hoffmann Eitle in 2004. Dr. Schusler-Langeheine’s main fields of expertise are patent litigation and licensing law. He is a patent litigator in Germany, and he organizes and co-ordinates multi-jurisdictional patent disputes in Europe. He has special expertise in counseling Japanese enterprises on German and European law (in the Japanese language) and European enterprises on Japanese law. He is Co-editor of the compendium "Patent Practice in Japan and Europe. Liber amicorum for Guntram Rahn" and author of several publications on German, European and Japanese patent and licensing law. |
Ryoichi Mimura
Partner, Nagashima Ohno & Tsunematsu
| 1977: | The University of Tokyo (L.L.B) |
| 1979-2009: | Judge (Judicial Research Official of the Supreme Court (IP & Civil Matters), Presiding Judge of the Tokyo District Court (IP Division), Judge of the Intellectual Property High Court, etc) |
| 2009-present: | Partner, Nagashima Ohno & Tsunematsu |
| Mr. Mimura has a strong expertise, particularly in handling patent, copyright and trademark infringement litigation and employee-invention compensation cases, based upon the extensive knowledge and experience he acquired during his 30-year judgeship prior to joining the firm. He principally advises clients regarding a wide variety of intellectual property matters (patent, utility model, design right, copyright, unfair competition prevention and trade secret protection) including IP infringement litigation, invalidation procedures, IP dispute counseling and license negotiations. He has published numerous articles and frequently lectures nationally and internationally on IP issues. Also, Mr. Mimura is fluent in German and is knowledgeable about German law related matters, as he engaged in two years of judicial research at the University of Cologne, Germany, during his judgeship. |
Eiji Katayama
Managing Partner, Abe, Ikubo & Katayama
| Eiji Katayama is an experienced counsel of patent litigation in Japan. He received a Bachelor of Engineering from Kyoto University in 1973 and a Bachelor of Law from Kobe University in 1982. He joined Abe, Ikubo & Katayama in Tokyo in 1984 and since 1991, he has been a partner. He was admitted to practice in Japan in 1984 and in New York in 1989. He is a former chairman of IP Center of Japan Bar Association and a former president of AIPPI Japan. He is a professor of Munich IP Law Center. He is a co-author of “Japanese Patent Litigation" West 2012. |
Patent Attorney
Thorsten Bausch
German and European Patent Attorney, Hoffmann Eitle
| Dr. Thorsten Bausch is a German and European Patent Attorney. He focuses on chemical and biotech patents, with a particular emphasis on litigation (both cross-border and national), oppositions, appeals and legal opinions. His main technical expertise is in the areas of pharmaceuticals, polymers and immunology. Dr: Bausch has a Ph.D. degree in chemistry from the Technical University of Munich. He has been with Hoffmann ・ Eitle since 1992, became a German Patent Attorney in 1995 and a European Patent Attorney the following year. Dr. Bausch has been involved with many high-profile cases before the EPO Boards of Appeal, including the Enlarged Board of Appeal, the German Federal Patent Court, the German Federal Court of Justice, and the German infringement courts. He has also represented a client before the European Court of Justice in an SPC matter. Dr Bausch is the editor of "Nichtigkeitsrechtsprechung in Patentsachen", a collection of decisions in patent nullity matters from the German Federal Patent Court and the Federal Court of Justice. He has published many articles on German and European patent law in renowned journals, including the Japanese journal "Patents & Licensing". In addition Dr Bausch is a frequent speaker at national and international conferences. |
Andreas Stefferl
German and European Patent Attorney, Hoffmann Eitle
| Dr. Andreas Stefferl is a registered European representative and German Patent Attorney, and is one of the partners in the biotechnology practice group of the Munich based IP law firm Hoffmann Eitle. He completed his basic technical training in the field of biology at the Universities of Vienna, Austria, and Manchester, UK. He has a PhD based on experimental work in the field of neuroimmunology performed at the Max Planck Institutes of Neurobiology and Psychiatry in Munich, Germany. After further scientific work as a postdoctoral fellow of the University of Vienna, he gained industry experience as an analyst in a rating agency, as well as an investment manager in a venture capital firm focused on start up financing in the field of biotechnology, before joining Hoffmann Eitle in the year 2003, to train as a patent attorney. Dr. Andreas Stefferl's main practice areas cover all aspects of patent prosecution and contentious patent work in the field of biotechnology. Dr. Stefferl also provides respective general advice and opinion work, including FTO and infringement opinions. He represents clients in proceedings before the EPO, as well as in infringement and validity proceedings before the national German courts. Dr. Stefferl is a regular speaker at seminars on patent law related issues. |
Shoichi Okuyama
Principal, Okuyama & Sasajima
| Dr. Shoichi Okuyama has been Principal of Okuyama & Sasajima since 2009. Prior to that, he had been Principal Partner at Okuyama & Co. from 2001 to 2009. He graduated from Waseda University, Tokyo, Japan, with a bachelor's degree in electrical engineering with emphasis on electronics, from Iowa State University with another bachelor's degree in chemistry, and also from the University of Chicago with a Ph. D. in physical chemistry. Registered as Japanese patent attorney in 1990. Dr. Okuyama has received a number of awards including an Award of Merit from AIPPI in 2011, and a Distinguished Service Medal from The Linn Inn Alliance of the American Inns of Court in 2013. He was President of the Japan Patent Attorneys Association from 2011 to 2013. He also serves as an expert member of the Intellectual Property Strategy Headquarters organized by the Prime Minister of Japan. |
Shimako Kato
Partner, Abe, Ikubo and Katayama
| Ms. Kato is a partner of Abe, Ikubo and Katayama (Patent attorney). She received a Bachelor of Engineering Degree from Waseda University in 1988. She had a working experience in the Japan Patent Office as a patent examiner and a member of board of Appeal in the field of metal processing and polymer processing (1988-2006). She won a scholarship by the National Personnel Authority to European Patent Office and German Patent Office (1998). She seconded to the Tokyo District Court as a Judicial Research Official (2002-2005). In the IP division at the Tokyo District Court, she provided expert advices on technicality of patent properties to judges when they make judicial decisions of patent infringement cases in the chemical field and of other intellectual property cases. In 2006, she registered as patent attorney and joined Abe Ikubo, and Katayama. She has been mainly involved in patent infringement cases and invalidation trials. She learned German patent litigation practice under Judge Thomas Kuhnen in the Higher Regional Court of Dusseldorf (2013). She is a member of AIPPI, APAA, DJJV (German Japanese Association of Jurists), VPP (Vereinigung von Fachleuten des Gewerblichen Rechtsschutzes). |
5. Reference
1. Information about the Symposium
(1) Documents Distributed (all)
(2) Part I Keynote Speech
- Speech 1: Mr. Ryuichi Shitara (PDF:677KB)
- Speech 2: Prof. Dr. Peter Meier-Beck (PDF:67KB)
- Speech 3: Mr. Kunihiko Shimano (PDF:1,047KB)
- Speech 4: Ms. Beate Schmidt (PDF:640KB)
- Speech 5: Mr. Hubert Fuchs (PDF:270KB)
(3) Part II UPC Mock Trial
(4) Part III Panel Discussion
- Topic 1: Mr. Ryuichi Shitara (PDF:524KB)
- Topic 1: Dr. Klaus Grabinski (PDF:206KB)
- Topic 2: Mr. Akio Senju (PDF:317KB)
2. Information related to courts in Europe related to patents
- Unified Patent Court Website
- Website of German Federal Court of Justice
- Information Brochure of German Federal Patent Court(PDF:2.70MB, External link)
3. Information on Doctrine of Equivalents
4. Case Study by Trial and Appeal Experts
5. Websites of related organizations
- Japan Patent Office (JPO)
- German-Japanese Association of Jurists (English) (External link)
German-Japanese Association of Jurists (German) (External link) - Japan Federation of Bar Association(JFBA) (External link)
- IP Lawyers Network Japan (External link)
- Japan Patent Attorneys Association (JPAA) (External link)
- Japan Intellectual Property Association(JIPA)(External link)
- International Association for the Protection of Intellectural Property of Japan (AIPPI･JAPAN) (External link)
- The Ministry of Justice (External link)
[Last updated 1 February 2017]
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