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IP High Court Grand Panel Decisions on Calculating Patent Infringement Damages

Mr. Nobuyuki Kashiwa’s article “IP High Court Grand Panel Decisions on Calculating Patent Infringement Damages: Methods and factors to consider when calculating damages under Article 102(1) -(3) of the Patent Act / Lessons from IPHC Special Div. Decision dated June 7, 2019 (2018 (Ne) 10063 “Carbon Dioxide-Containing Viscous Composition” case) & IPHC Special Div. Decision dated February 28, 2020 (2019 (Ne) 10003 “Beauty Instrument” case) was published in AIPPI Japan Journal (Vol. 46 No. 1 2021).

Amid much interest in the revised calculation of damages under Article 102 of the Patent Act, the Intellectual Property High Court (IPHC) Grand Panel has rendered two decisions on the calculation standards in the past year and a half. In this article, Mr. Kashiwa explains the practice of compensation for damages in intellectual property infringement proceedings in Japan and its future outlook, with a focus on these two Grand Panel decisions.

AIPPI (2021) Vol.46 No.1 [PDF]