Saturday, March 18, 2017

Winning Rate and Determined Damages in Patent Infringement Cases in Japan

The Supreme Court disclosed statistics for patent infringement cases in 2014 and 2015 which were prepared by Tokyo District Court and Osaka District Court.

After you look at the charts below, will you aggressively file a lawsuit in Japan?

74% of plaintiff's claims were rejected or dismissed. 
Did so many plaintiffs or patent holders make preposterous claims? Or their patents may have been different from what they expected?

57% of patents* were invalidated in response to patent invalidity defense. 
Maybe, the blame should be laid at JPO’s examiners who made unstable patents.
(Note*: for the patents which were made an judgement on their validity)     

Damages awarded by courts are less than Y100 million (approximately $885,000) in 80% of the cases. The amount of payment promised in court settlement is less than Y10 million (approximately $88,500) in 50% of the cases. If that helps, 40% of the cases come to an end by court settlement. 
In this situation, can you invest time and a large amount of money in products analysis of potential infringers?

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