On July 29, 2022, a Japanese Internet service company published a press release that surprised IP practitioners in Japan. DWANGO INC., the appellant and the plaintiff, lost patent infringement litigation against FC2, Inc., a U.S. based content provider, and another party, (FC2), at the Tokyo district court in September, 2018. The press release announced that DWANGO won over FC2 in the appeal at the Intellectual Property High Court (IPHC), which is similar to the U.S. Court of Appeals for the Federal Circuit in the United States. The IPHC determined that, while respective programs at issue in the present case were transmitted from servers outside Japan, it would be substantially unjust if liability for patent infringement could be easily avoided by locating a piece of equipment, such as a server, outside of Japan in today’s digital society.
Recent Posts
- Other Barks and Bites for Friday, May 3: FTC Adds Ozempic and 300 Drugs to FDA’s Orange Book; Eight Major Newspapers Sue OpenAI, Microsoft for Copyright Infringement
- CAFC Reverses Dismissal of Declaratory Judgment Suit Linked to Amazon’s APEX Program
- Federal Circuit Highlights Differences in Statutory and Article III Standing in Patent Cases
- Witnesses Tell Senate IP Subcommittee They Must Get NO FAKES Act Right
- Commerce Department Announces NIST and USPTO Actions on AI