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The court ruled that “regardless of the forum, prior art patents and publications enjoy a presumption of enablement, and the patentee . ....

This case provides a sobering and cautionary example of the strictness with which the Board and Federal Circuit interpret the procedural...

. . . Some aspects of the safe harbor, however, are not so well charted, especially where the U.S.-based drug and device development...

In Wastow Enterprises, LLC v. Truckmovers.com, Inc. et al., No. 2020-2349 (Fed. Cir. May 14, 2021), the U.S. Court of Appeals for the...

日本へようこそ！ Japan’s economic influence is pervasive. It is nearly impossible to engage in any form of business without encountering the...

In Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc., No. 20-2155 (Fed. Cir. May 11, 2021), the Federal...

. . . the largest market potential for complex Japanese legal services is not in Asia but instead in North America and Europe. M&A,...

. . . even for the same timekeeper, billable hours are not all created equally and do not contribute equally to profits. . . . Stated...

... Although some of the spinoffs may have targeted underperforming business units, the vast majority of the spinoffs focused on “rising...

... Artificial intelligence (“AI”) is rapidly changing the way lawyers work. Just as AI is overtaking the control of vehicles and the...

Japanese patent law is largely similar to the substantive law in the United States. Procedurally, however, patent litigation in Japanese...

Patent Term & Statute of Limitations. Article 67 of the Patent Act establishes a twenty (20) year patent term, beginning from the date...

Pre-Suit Investigation & Diligence. A patentee or exclusive licensee who wishes to enforce a patent in Japanese courts invests heavily in...

An accused infringer in Japanese courts, depending on the circumstances, may assert a variety of defenses to allegations of patent...

A patentee, depending on the circumstances, may seek a variety of remedies in Japanese courts against an accused infringer. This page...

Historically, Japan has had a bifurcated system for adjudicating patent rights—issues of patent infringement were resolved in the...

Depositions of Party Witnesses. The procedures for taking depositions of Japanese witnesses diverge depending on the status of the...

...Similar to actions before the U.S. International Trade Commission, Japanese import suspension proceedings provide abbreviated and...

Typical EDVA Case Schedule EDVA Local Rule 16(B) establishes four significant scheduling events along the short road to trial before the United States District Court for the Eastern District of Virginia. Those four events, discussed in turn below, include (1) the Local Rule 16(B) Order, (2) preparation and submission of the Parties’ Discovery Plan, (3) the Initial Pretrial Conference/Order, and (4) the Final Pretrial Conference. 1.    The Local Rule 16(B) Order EDVA Local Rul

One of the fastest growing categories of new FDA filings includes applications for the approval of biological drug products, which are...