69th CHIZAI (IP) Seminar co-hosted with ABAPA SV

NEDO Silicon Valley successfully co‑hosted an in‑depth global IP seminar titled “New Possibilities for Injunctions based on Standard Essential Patents - Critical Updates from Japan and the U.S.” at the Japan Innovation Campus on April 21.

Speakers:

Takeshi Sakaguchi, Patent Examiner, the Japan Patent Office

Joseph Yang, Partner, PatentEsque Law Group LLP; Lecturer, Stanford Law School

Moderator:

Mai Miyaoka, Senior Director, NEDO Silicon Valley Office; Principal Patent Examiner, the Japan Patent Office

The seminar highlighted global developments in Standard Essential Patents (SEPs), with a particular focus on Japan and the United States.

Joseph Yang, who possesses deep and sophisticated expertise in patent licensing and SEP matters, presented recent, closely watched developments in the United States. After outlining the fundamental structure of developing technological standards and the related challenges involving SEPs, he provided an in depth explanation of the latest U.S. developments in SEP enforcement. His presentation addressed evolving presidential positions on SEPs at the U.S. International Trade Commission (ITC), particularly efforts to narrow the scope of exceptions based on the “public factor” analysis. He also discussed major initiatives by the U.S. federal government, particularly through the Department of Justice and the U.S. Patent and Trademark Office, aimed at restoring the availability of injunctive relief by influencing case law in ongoing patent litigation. He also covered the establishment of an interagency SEP working group intended to strengthen the rights of SEP owners. His comprehensive presentation helped us stay up to date and better formulate their strategies, while anticipating further developments in U.S. SEP policy and an enhancement of its global standing.

Takeshi Sakaguchi, a patent examiner at the Japan Patent Office, provided a comprehensive overview of the Japanese legal framework governing SEP disputes. He began by discussing the Samsung v. Apple decision issued by the Japan IP High Court in 2014, which established the foundational legal framework for how Japanese courts have handled SEP disputes to date, particularly with respect to injunctive relief and FRAND obligations. He then provided a detailed explanation of the landmark Pantech v. Google decision issued by the Tokyo District Court last year—Japan’s first case to grant injunctive relief based on an SEP. This decision attracted significant attention from the audience, including interest in how the court determined that the defendant qualified as an unwilling licensee.

Mr. Sakaguchi also introduced and analyzed the Tokyo District Court’s SEP Litigation and Judicial Mediation Guidelines, released in January 2026, which clearly set out procedural schedules and articulate the court’s expectations for the parties. His presentation was particularly helpful in illustrating how the guidelines aim to promote early resolution through the facilitation of global FRAND agreements, as well as their potential role in rebalancing Japan’s position in global SEP enforcement.

The active discussions throughout the seminar helped participants better understand the evolving practices of courts in both countries and the key differences between them as well.

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

We look forward to seeing you at our next event!