68th CHIZAI (IP) Seminar

NEDO Silicon Valley successfully hosted an insightful IP seminar titled “Cross-Border Enforcement of EU and Non-EU Patents in German Courts” on April 7. The seminar attracted significant global attention, and we were pleased to welcome participants from a broad range of regions, including Japan and other Asian countries, the United States, Germany, and other European nations.

Keynote speaker:

Dr. Florian Schweyer, Judge at Munich Regional Court I (LG München I)

Moderator:

Prof. Toshiko Takenaka, UW School of Law

Discussants:

Ms. Seiko Hidaka, Legal Director, Bird & Bird (UK)

Mr. James Miller, Counsel, Perkins Coie (US)

Our distinguished keynote speaker, Dr. Schweyer of the Munich Regional Court I (LG München I), explained the landmark decision of the European Court of Justice (ECJ) on cross-border jurisdiction in the BSH Hausgeräte case and discussed how it affects the enforcement of patents, including foreign patents, before German courts. Dr. Schweyer also addressed how they approach substantive and procedural rules in the context of cross-border patent enforcement. He further deepened the discussion by examining anchor defendant issues, illustrating through concrete case studies how a company can pursue patent enforcement against several companies located in different European countries before a single court based on substantially identical infringement.

Moderated by Professor Toshiko Takenaka, the University of Washington School of Law, the panel discussion featured perspectives from the UK and the United States, offering comparative insights into the EU landscape. Ms. Seiko Hidaka, Legal Director at Bird & Bird (UK), explained how UK courts assess jurisdiction in patent infringement matters, with reference to a UK Supreme Court case addressing jurisdictional issues in copyright disputes. Mr. James Miller, Counsel at Perkins Coie (US), addressed how U.S. courts approach jurisdiction in patent litigation based on U.S. patents, and also discussed the role of the International Trade Commission (ITC) as a strategic forum for obtaining importation-related injunctions. The speakers and discussants further addressed the current situation of anti-suit injunction in cross-border litigation.

Overall, the discussion was highly informative and enabled participants to develop concrete, business relevant global enforcement strategies. The speakers’ deep expertise provided valuable practical insights into how companies can consolidate enforcement efforts, accelerate remedies, and manage litigation risk by leveraging these powerful strategic options in German courts.

We are deeply grateful to our exceptional speakers and sincerely thank all attendees who joined us from all over the world.

The NEDO Representative Office in Silicon Valley has dedicated significant efforts to building a stronger, more connected community that bridges countries through these IP seminars. We believe that sharing knowledge and fostering communication through the seminars will help strengthen business strategies, especially for global operating companies.

We are looking forward to seeing you at our next event!!