Allegations of Antitrust Law Violations and Abuse of Rights in Patent Infringement Litigation

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  • 特許権の侵害訴訟における独禁法違反の主張と権利濫用
  • トッキョケン ノ シンガイ ソショウ ニ オケル ドッキンホウ イハン ノ シュチョウ ト ケンリ ランヨウ

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Intellectual property rights have the character of monopoly or exclusive rights. The enforcement of such rights is always accompanied by the problem of adverse effects on competition. Use of the Antimonopoly Act (AMA) is one way of addressing this difficulty. In litigation for infringement of intellectual property rights such as patents, a patentee’s request for an injunction or damages might be denied for violating the AMA. This kind of approach is common in the U.S., but only a few examples have occurred in Japan. In July of 2020, the Tokyo District Court dismissed a claim by a patentee on the grounds that its actions constituted a violation of the AMA and an abuse of rights (Ricoh case). This article examines allegations of AMA violations in patent infringement litigation. Part 1 introduces past cases on how printer manufacturers’ changes in specifications were evaluated under the AMA. Part 2 focuses directly on the Ricoh case, which went to the High Court. That court ruled in favor of the patentee. The article clarifies the reasons for the difference in decisions. It also shows that the basic decision-making framework at the High Court was the same as that in the District Court. Part 3 of the article examines related issues, including (1) Article 21 of the AMA, (2) FRAND (fair, reasonable, and nondiscriminatory terms), and (3) the criteria for judgment of abuse of rights. The significance of such claims will surely increase in Japan. The method of alleging AMA violations should be actively utilized to prevent abuse of rights, in addition to relying on the Patent Law itself.

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