A. General Issues
- Is There a Justiciable Controversy under Local Rules?
- Is a Speedy Trial Desirable?
- Is there a Lawyer? Bengoshi Availability
- Is a Patent-Savvy Court a Plus?
- Witness Testimony and Credibility
- Jury Vel Non
- Language Difference as a Plus or Minus
- Litigation Costs
B. Special Factors for Japan
- Mens Rea Elements
- Oral Disclosure as a Bar
- Is "Secret" Prior Art a Critical Element
- Activities in the Priority Year
- Accuracy of the Patent Application Translation
C. Bringing Suit in Tokyo
- Patent Infringement Suit
- Declaratory Judgment of Invalidity
- Comparison with an American D.J.
D. Japanese Trial for Invalidity
- Elimination of the Opposition System
- Strawman Plaintiffs are Permitted
- Short Trial Proceedings
- A More De Novo Tokyo High Court Review
- Amendments to Narrow the Claims
- Litigation Prior to a Justiciable Controversy
- A Quick, Focused Determination
- Contrast to European Proceedings
- Absence of a Comparable American Remedy