JapanWhen is filing a patent infringement suit deemed to be a tort?

In a recent decision (Heisei 18 (ne) 10040, October 31 2007) the IP High Court held that the filing of a request for a preliminary injunction by the patentee constituted a tort. The patentee was ordered to pay damages to compensate for losses suffered as a result of the lawsuit. It also ruled on the eligibility of a plaintiff to request a declaratory judgment. This chapter discusses the case and considers its implications on strategies for patent infringement litigation.

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