IP Litigation
Based on a wide range of experience, we provide multifaceted and strategic legal advice regarding domestic and overseas intellectual property disputes in various technology and industrial fields.
Nishimura & Asahi has extensive experience handling IT and IP-related lawsuits and disputes, including actions (both provisional injunctions and formal lawsuits) concerning the infringement of patents, trademarks, design rights, copyrights and rights under the Unfair Competition Prevention Act, and other IP rights; patents, trademarks and design invalidation procedures; and employee invention compensation cases. Many of these cases have been reported in law reports and by the media as important judicial precedents. Beyond representing our clients in litigation or other legal actions, we routinely provide strategic advice to our clients in pre-dispute cases. We also handle border enforcement actions against infringing products in Japan and other countries, and domain name disputes; and disputes relating to systems development. With ongoing globalization, IP-related lawsuits and other dispute resolution procedures are increasingly instituted across multiple countries and regions concurrently, and such procedures are often conducted by a variety of dispute resolution bodies. They may involve procedures in the United States, Europe and other jurisdictions, including patent infringement actions and ITC proceedings in the United States, nullification actions before the European Patent Office, and patent lawsuits in Germany. To handle such matters, Nishimura & Asahi has forged close connections with leading law firms and attorneys in various jurisdictions to ensure that such matters are conducted in close coordination with local counsel in the respective countries and jurisdictions involved.
Recent Work
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- 2020
- Landmark trademark decision
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- 2017 -
- Toyota Motor Corporation: Successful lawsuit in Nigeria regarding trademark infringement
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- 2015 - 2017
- Success in Patent Infringement Litigation
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- 2014
- Successful Settlement of a Patent Infringement Litigation (on behalf of Plaintiff/Patentee)
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- 2012 - 2015
- Trade secret misappropriation litigation against the Korean steelmaker, POSCO
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- 2011 - 2013
- Litigation Requesting a Declaratory Judgment for Non-existence of Injunctive Relief based on Trademark Rights
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- 2011
- Winning lawsuit at the IP High Court on rescission case of JPO trial decision
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- 2010
- Lawsuit at the IP High Court on rescission case of JPO trial decision regarding trademarks of the Federal Democratic Republic of Ethiopia ("SIDAMO" and "YIRGACHEFFE") - IPHC judgment of March 29, 2010
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- 2009
- Winning lawsuit at the IP High Court on rescission case of JPO trial decision
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- 2007
- Patent litigation between Canon Inc. and Recycle Assist Co., Ltd.
Awards & Rankings
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"The Nishimura & Asahi team members are precise and easy to reach for international clients. The service is always on time, and no delays. There are experienced lawyers and their service is truly oriented to the client's need."
Chambers, Intellectual Property: Domestic (Asia-Pacific 2022)
"They are very professional, responsive and have excellent experience. The team can provide practical solutions and strategies to help us achieve the best results." -
“their service quality is high, and they are responsive and comprehensive.”
Chambers, Intellectual Property: Domestic (Asia-Pacific 2021)
“high degree of specialisation.”
Seminars
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Decisions regarding trademark law / Unfair Competition Prevention Act and corporate responses
Tokyo
External Seminars
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Data Protection, Privacy and AI in the Digital Age
Hawaii (Honolulu)
External Seminars
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Artificial Intelligence and IP: Protection, Ownership, Infringement, and Exploitation
Singapore
External Seminars
Publications
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Industrial and policy trends regarding AI and media/creator sectors in the U.S. and other countries
Articles
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The Pharmaceutical Intellectual Property and Competition Law Review - Edition 4: Japan
Articles
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Case in which Japanese patent right was found unenforceable when part of the production was conducted outside of Japan
Articles