Our Attorney

Ryuichi SHITARA

Ryuichi SHITARA

Attorney-at-Law (Dai-Ni Tokyo Bar Association)

Ryuichi SHITARA

Background / Career

1974
Passed bar exam
1975
Graduated, Faculty of Law, University of Tokyo
1977
Completed course of study, Legal Training and Research Institute
1979-1983
Assistant Judge, Tokyo District Court (Industrial Property Rights)
1986-1990
Assistant Judge, Tokyo District Court (Intellectual Property Rights)
1993-1997
Judge, Tokyo District Court (Intellectual Property Rights)
2001-2004
Judge, Tokyo High Court (Intellectual Property Rights)
2004-2007
Presiding Judge, Tokyo District Court (Intellectual Property Rights)
2011-2013
Presiding Judge, Tokyo High Court
2013-2014
Presiding Judge, Intellectual Property High Court
2014-2017
Chief Judge, Intellectual Property High Court
2017-2018
Attorney-at-Law (Mori Hamada & Matsumoto)
Apr 2018
Vice President, SOEI Patent & Law Firm
Jul 2018
Joint Partner & Chairman

Papers and Publications

Dec. 2020 “Patent Law Reform and Two Major Intellectual Property High Court Decisions,” Waseda University, “Yearly Report on Intellectual Property Law 2020-2021,” Nippon Hyoron Sha

Sep. 2020 “Details and Significance of the New Examination System Introduced in the 2019 Patent Law Reforms,” L&T Issue 89, p. 45, Minjiho Kenkyukai

Aug. 2020 “Intellectual Property High Court and Supreme Court Jurisprudence on the Doctrine of Equivalents, and Comparison with the Doctrine of Equivalents in the West,” SOEI Law VOICE, SOEI Patent & Law Firm

Jul. 2020 “Thoughts on the Current State of Negotiations in Cases of Infringement (1) (Daishinrin Incident),” 100 Prior Decisions on Trademarks, Designs, and Unfair Competition (2nd Edition), Yuhikaku

Jun. 2020 “On the Dual-Level Legal System of Germany, and Patent Law Reform Attempts in Japan,” Intellectual Property Litigation in Practice Today – Includes Symposium of Past Intellectual Property High Court Chief Judges (Vol. 2), Seirin Shoin; I participated in the symposium

Jun. 2020 “Patent Holders’ Exercise of the Right to Injunction, and Abuse of this Right,” A New Process for Business Laws, Eiji Katayama 70th Birthday Commemorative Collection, Seirin Shoin

Sep. 2019 “Explanation of Important Patent Decisions, Categorized by Theme (3rd Edition),” SOEI IP Lab, Edited by Nippon Hyoron Sha

Aug. 2019 “Actions Necessary for Preventing Infringement, as Mentioned in the Patent Act, Article 100-2 (Case of the Physiologically Active Substance Measurement Method),” 100 Prior Decisions on Patents (5th Edition), Yuhikaku

May 2019 “Product by Process Claims,” Legal Advice on Patents and Utility Models Ⅱ, Seirin Shoin

Mar. 2019 “Organic and Inorganic (Yan Zhenqing Incident: Appeal Hearing),” 100 Prior Decisions on Copyright (6th Edition), Yuhikaku

Apr. 2017 “Mock Japan-Europe Trial in Paris – Gathering Evidence,” L&T Issue 75, Minjiho Kenkyukai

Apr. 2017 “Evaluation of Mixed Judgments on Infringement and Patent Validity, and Future Prospects (Symposium on Patent Litigation in Europe and Japan 2016: Infringement and Validity Issues for Enforcement Strategy),” L&T Issue 75, Minjiho Kenkyukai

Oct. 2016 “Supreme Court Decision on the PBP Claims and Practical Issues,” L&T Issue 73, Minjiho Kenkyukai

Mar. 2016 “Thoughts on Applied Arts – In Light of the Fashion Show Incident at the Intellectual Property High Court,” Intellectual Property, Computers, and Law – Toyohiro Nomura 70th Birthday Commemorative Collection, Shoji Homu

Feb. 2016 “Relationship Between the Description/Enablement Requirement and the Support Requirement, and Information on Product by Process Claims,” Patent, Feb 2016 issue

Jul. 2015 “Judicial Decisions on the Exercise of Rights held by Owner of a Standard Essential Patent who has Made a FRAND Declaration, and International Comparisons,” Modern Intellectual Property Law – Toshiaki Iimura Retirement Commemorative Collection, Japan Institute for Promoting Invention and Innovation

Jan. 2013 “Considerations on the Recognition and Interpretation of Product by Process Claims – In Light of the Decision Rendered by the Special Division of the Intellectual Property High Court on Jan 27th 2012,” Intellectual Property Rights: Legal Principles and Proposals – Toshiaki Makino 80th Birthday Commemorative Collection, Seirin Shoin

Apr. 2012 “The Relationship Between Infringement Litigation and Patent Invalidation Trial Processes,” Specialist Litigation Course ⑥ Patent Litigation (Part 2), Minjiho Kenkyukai

Sep. 2012 “Trials Involving Compensation for Employee Inventions,” Modern Intellectual Property II – Practical Development of Intellectual Property Law, Nippon Hyoron Sha

Nov. 2010 “On Patent Invalidation Trials After Introduction of the Invalidity Defense, and the Ideal Form of Invalidation Trials and Appeals to Rescind Judicial Decisions,” A New Process for Intellectual Property Law – Eiji Katayama 60th Birthday Commemorative Collection, Seirin Shoin

Apr. 2008 Legal Progressive Series “Intellectual Property Litigation” Editor/Seirin Shoin

Jun. 2007 “On the Technical Scope of Patented Inventions, and Common General Knowledge,” “Interpreting Functional Claims,” Intellectual Property Law Theory & Practice 1, Patent Law I, Shinnippon Hoki

Nov. 2002 “The Doctrine of Equivalents in the US after the Festo Supreme Court Decision, and an International Comparison of the Doctrine of Equivalents in the US, the UK, Germany, and Japan,” Intellectual Property Rights: Their Creation and Protection – Toshihiro Akiyoshi 77th Birthday Commemorative Collection, Shinnippon Hoki Publishing

Mar. 1999 “The Doctrine of Equivalents in the Supreme Court’s Decision on the Ball Spline Case, and Future Challenges,” Intellectual Property Law and Modern Society – Toshiaki Makino Retirement Commemoration Collection, Shinzansha

* This is a select list; authored many other essays too numerous to list on various matters such as the doctrine of equivalents.

Lectures and lecturers

Jun. 2018 “Mock International Arbitration – Towards Swift Resolution of SEP Disputes in the 5G Era,” Participated as one of a panel of arbitrators of judges from Japan, U.S., U.K., Germany, China, and South Korea (conducted in English)

* Many other lectures and speeches given as a judge and lawyer

Other Activities

Feb. 2017–present Consultant, JFBA Intellectual Property Center
Jun.2018–present Member, Patent System Subcommittee, METI Industrial Structure Council
As committee member, closely involved with establishment of new examination system as part of 2019 patent law reforms, as well as patent law reform in 2021
Jun. 2018–present Member, Intellectual Property Committee, METI Industrial Structure Council
Apr. 2020–present Member, Advisory Board, WIPO Judicial Institute
Participated (as former Chief Judge of the IP High Court) in panel discussion including judges from the U.S., U.K., and Germany, to discuss trials arising from conflicts surrounding essential patents (online), at WIPO Judges Forum in Nov 2020
Sep. 2020–present As a former judge, became a member of Tokyo District Court Intellectual Property Mediation Council, after the intellectual property mediation system was created
Mar. 2021 Lectured on “International Trends in Standard Essential Patents” at the Intellectual Property Strategy Headquarters Concept Committee

 

* Also member of the Japan Association of Industrial Property Law and Copyright Law Association of Japan

* As a judge, attended intellectual property symposiums at various universities including Washington and Fordham; and participated in international conferences such as AIPPI, AIPLA, and IBA, CAFC in the U.S., Intellectual Property High Court symposiums, and the International Judges Conference, among others.