Recent development in Japanese patent case law; the doctrine of equivalents and the Supreme Court judgment in the Maxacalcitol case

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In my previous post, I wrote about an IP High Court judgment (the Maxacalcitol case) regarding doctrine of equivalents in patent infringements in Japan. The defendants appealed against the IP High Court judgment and the Supreme Court handed down the final judgment on 24th March, 2017.  Continue reading “Recent development in Japanese patent case law; the doctrine of equivalents and the Supreme Court judgment in the Maxacalcitol case”

The Maxacalcitol case in Japan; broader protection for a “significant” invention under the doctrine of equivalence?

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In Japan, a very important judgment concerning the doctrine of equivalents has recently been handed down; i.e., the Maxacalcitol judgment by the IP High Court. Although the judgment was appealed and is currently pending at the Supreme Court, it is likely that the judgment of the IP High Court will be upheld. If the judgment becomes final, it would be much easier for a “significant” invention to be protected under the doctrine of equivalents.

Continue reading “The Maxacalcitol case in Japan; broader protection for a “significant” invention under the doctrine of equivalence?”