Enlightenment by Recent Lower Court Precedents concerning Article 102 of the Patent Act

Our legal counsel, Mr. Teruo Morimoto, posted an essay, “Enlightenment by Recent Lower Court Precedents concerning Article 102 of the Patent Act”, in the August 2023 issue of “Patent”, the monthly journal of The Japan Patent Attorneys Association (JPAA). 

There had been several issues regarding the 2019 amendment to the calculation of damages for patent infringement that were left to the interpretation of the courts.  This essay picks up and reviews the relevant court judgments in 2022 concerning such issues from the perspective of general principles of the Japanese civil law.