Welcome to the Q3 2019 issue of our Life Sciences International Review. This issue covers new developments within Europe, Asia, and the United States in intellectual property, regulatory, pricing, and international trade, among others. Content for the newsletter was generated by Morgan Lewis lawyers. Many of these subjects will be updated in future issues as we will stay current with the continuous happenings and trends within the life sciences industry.
Japanese IP High Court Ruling May Increase Future Patent Damages Awards A grand panel of the Japanese Intellectual Property High Court recently clarified the criteria for calculating damages awards in Japanese patent infringement cases in a manner that is favorable to plaintiff patentees. This ruling indicates that the court may be moving in a direction that is consistent with the recent revisions to the Japanese Patent Act, which intends to increase potential damages awards and thus strengthen the patent litigation system in Japan. The May 2019 revisions to the Japanese Patent Act (JPA) aim to make the Japanese system more patentee friendly. Shortly after the revisions were approved by the Japanese Diet, a grand panel of the Japanese Intellectual Property High Court issued an important decision with respect to methodologies for damages calculations under the JPA on June 7. This ruling is generally favorable to plaintiff patentees and is expected to have an impact on further increasing damages awards in future patent infringement litigation cases in Japan.