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On May 27, 2025, a landmark judgment was issued, awarding damages exceeding 10 billion yen—the highest amount ever awarded in a patent infringement case in Japan.

On May 27, 2025, a landmark judgment was issued, awarding damages exceeding 10 billion yen—the highest amount ever awarded in a patent infringement case in Japan. This case centred on a dispute between a new drug manufacturer holding the patent and a generic drug manufacturer. The initial ruling by the Tokyo District Court determined that no infringement had occurred. However, during the subsequent trial at the Intellectual Property High Court, a finding of infringement was made. The decision appeared to hinge on differing interpretations of the patent claims' wording, despite there being no new evidence presented. It appears that the patent and business departments within the losing company are struggling to convince management and shareholders to accept the decision. They may need the Supreme Court to provide a detailed ruling to clarify the situation. The legal battle continues, and a final resolution is expected within a few years. For further details, refer to the Patent Meister's Angle article in the Nikkei Xtech (July 31) in Japanese.特許リスクが経営を揺るがす 100億円超の賠償が突きつけた現実 | 日経クロステック(xTECH)


 
 
 

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Patent commentator Yuji Okuma
Okuma International Patent Consulting Office Patent Attorney (Registration Number 22034)
Former
examiner at the Japan Patent Office and former staff member of the United Nations organization WIPO

Inagi City, Tokyo Hitachi City, Ibaraki Prefecture

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