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  • Article

    The CRISPR Patent Wars Hit Japan: A High-Stakes Battle Over Gene-Editing's Future

    "This brings us to Japan, where patent law has its own unique peculiarities—and where this particular battle just reached a crucial milestone. . . ."
    JapanIntellectual Property
    YMF Law Tokyo
    YMF Law Tokyo
  • Article

    The Chemistry Controls The Calendar: Predictive Testing, Design Around Reformulations & The Cost Of Racing To Trial In Kaneka Corp. V. Designs For Health

    A Japanese manufacturer of reduced coenzyme Q10 won a patent infringement case against two American competitors, only to watch its victory unravel when the defendants reformulated their products. Racing to a second trial with predictive chemical testing rather than waiting for complete shelf-life data, the patent owner learned a costly lesson about the intersection of litigation strategy and laboratory timelines.
    JapanIntellectual Property
    YMF Law Tokyo
    YMF Law Tokyo
  • Article

    SCOTUSblog Founder Plays Deft Hand In Own Defense Against Tax Evasion Charges

    It thus appears that Goldstein has the upper hand in winning the pre-trial dismissal of the Section 7203 failure-to-pay misdemeanor charges. However, this may be a case for being "careful what you wish for."
    JapanTax
    YMF Law Tokyo
    YMF Law Tokyo
  • Article

    “Practically Complete”: Otsuka v. Lupin and the Chemistry of Missed Opportunity in Hatch-Waxman Litigation

    A Federal Circuit case examines whether a generic drug manufacturer's process infringes a product-by-process patent claiming highly pure tolvaptan made through a specific reduction reaction. The dispute centers on proving infringement during an intermediate stage of chemical synthesis, raising questions about claim interpretation, expert testimony reliability, and the evidentiary challenges of demonstrating what occurs inside a sealed reaction chamber.
    United StatesIntellectual Property
    YMF Law Tokyo
    YMF Law Tokyo
  • Article

    “A One-Carbon Poison Pill”: Enanta v. Pfizer And The “Typo” That Lost A Priority Date

    In a high-stakes patent dispute over Pfizer's blockbuster COVID drug Paxlovid, Enanta Pharmaceuticals discovered that a single carbon atom—allegedly a typographical error in their provisional patent application—stood between them and billions in potential damages. The case explores whether courts will rescue a patentee from its own written words when the difference between "C₁" and "C₂" means the difference between patent rights and public domain, raising fundamental questions about
    United StatesIntellectual Property
    YMF Law Tokyo
    YMF Law Tokyo
  • Article

    The Vanishing $10 Million Verdict In Rex Medical v. Intuitive Surgical

    "The math is stark: infringement victory + validity win + $10 million jury award = $1, if you cannot apportion value to the patented invention. . . ."
    JapanIntellectual Property
    YMF Law Tokyo
    YMF Law Tokyo
  • Article

    Dismissal With Prejudice Creates Implied License Under The Patent Marking Statute? CAFC Seems Unconvinced

    Can a patentee unknowingly create a patent license—and trigger marking obligations under 35 U.S.C. § 287—simply by dismissing an infringement suit with prejudice? That was the ruling by the district court...
    JapanIntellectual Property
    YMF Law Tokyo
    YMF Law Tokyo
  • Article

    When Knockoffs Arrive Overnight But Justice Takes Years

    For a moment, place yourself in the position of Spin Master, Ltd., a Canadian toy company that spent over a decade developing, patenting, and marketing its Zero Gravity...
    United StatesIntellectual Property
    YMF Law Tokyo
    YMF Law Tokyo
  • Article

    The "Paper NDA" Problem: When Bifurcation Of Rico And Patent Claims Defeats Hatch-Waxman's Purpose

    In mid-June 2025, attorneys for plaintiffs Janssen Products and PharmaMar were reviewing their opponent's document production in a routine Hatch-Waxman patent...
    WorldwideIntellectual Property
    YMF Law Tokyo
    YMF Law Tokyo
  • Article

    When Jury Duty Means Surrendering Your Digital Life: Judge Orrick's LinkedIn Sanction And The Surveillance Of American Jurors

    "The rules say little about the scope of investigation but instead focus their efforts on defining ‘improper contact'—creating a system where anything goes so long as jurors never find out."
    United StatesPrivacy
    YMF Law Tokyo
    YMF Law Tokyo
  • Article

    Sanctioned For Silence: Ignoring Settlement Demands Cost A Patent Owner $250,000

    On its face, EscapeX IP, LLC v. Google LLC reads like a cautionary tale ripped from the patent litigation playbook.
    JapanIntellectual Property
    YMF Law Tokyo
    YMF Law Tokyo
  • Article

    WARF v. Apple Reaffirms Kessler Doctrine: Protecting Products From Duplicative Patent Litigation

    In Wisconsin Alumni Research Foundation v. Apple Inc., Nos. 2022-1884, 2022-1886 (Fed. Cir. Aug. 28, 2024) ("Decision"), the United States Court of Appeals...
    United StatesIntellectual Property
    YMF Law Tokyo
    YMF Law Tokyo
  • Article

    まさかの特許バトル:たったこれだけの投与変更が数十億ドルに

    「でも、これは単なる投与スケジュールの話じゃない。実は、裁判所が特許無効を主張する側に「自明性ショートカットボタン」を与える
    JapanIntellectual Property
    YMF Law Tokyo
    YMF Law Tokyo
  • Article

    Banishing The DOGE Analyst From YOUR Law Firm: The End Of A Trilogy And The Practice Of Law As We Know It?

    Three years ago, a brash young data analyst from DOGE burst into your office and turned your 50-partner, 170-lawyer firm upside down. Armed with nothing but spreadsheets, a whiteboard marker...
    WorldwideTechnology
    YMF Law Tokyo
    YMF Law Tokyo
  • Article

    The DOGE Analyst Returns To YOUR Law Firm To Discuss The Rise Of Non-Equity Partners: A Sequel

    . . . The new legal tech tools raise the level of both competition and sophistication in the legal services market, which not only justify higher fees but also demand more intense and in-depth...
    JapanTechnology
    YMF Law Tokyo
    YMF Law Tokyo

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