Orrick Library Seminar - Latest Developments in SEP Litigation in China

The Orrick Library Seminar Series

Seminar | November.21.2019 | 9:00am - 10:30am (Tokyo Standard Time)

Orrick Tokyo

日本語:中国における標準必須特許(SEP)を巡る訴訟の最新動向

Orrick's Global Japan Practice is hosting a series of "Orrick Library" seminars to explore legal issues in various fields in Japan as well as the United States, Asia and Europe. The next seminar will be held on Thursday, November 21 from 9:00 am to 10:30 am.

This session will introduce the development of patent infringement litigations involving standard essential patents (SEPs) in China, using some important and recent cases as examples. It will cover the legal background, the FRAND Doctrine, injunctive relief, and the calculation of license fees of SEPs. Yufeng (Ethan) Ma, partner in Orrick’s Shanghai Office, will be presenting live from Tokyo.

This 90-minute session will cover the following topics:

  • The legal frame work of SEPs in China
  • The Application of FRAND Doctrine
  • Whether and when injunctive relief may be available
  • How Chinese courts calculate license fees under the FRAND Doctrine

Yoshihiro Takatori, Head of Global Japan Practice (Dai-Ichi Tokyo Bar Association), and Tokyo litigation partner Shinsuke Yakura (Dai-Ichi Tokyo Bar Association) will also discuss how Japanese companies doing business in China should prepare for FRAND disputes and the possibility of using of arbitration and mediation facilities in Japan.

There will be time set aside for questions and answers.

Date: Thursday, November 21, 9:00 am – 10:30 am (Registration from 8:45 am)
Place: Orrick Tokyo Law Office (Map)
Speakers: Ethan Ma, Partner, Shanghai Office
Language: English
Fee: No charge
Registration Deadline: November 19 (Tuesday)

* Tokyo Litigation Partners Yoshihiro Takatori and Shinsuke Yakura will offer additional comments and perspectives in Japanese.

* * Orrick, Herrington & Sutcliffe LLP is an accredited MCLE provider in the States of New York and California.  This continuing legal education course has been approved in accordance with the requirements of the Continuing Legal Education Board for a maximum of 1.5 credit hours, of which 1.5 credit hours can be applied toward the areas of professional practice requirement.

CLE Credits Available: Y

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Practice:

  • Complex Litigation & Dispute Resolution
  • Patents
  • Copyright, Trademark & False Advertising
  • Intellectual Property
  • Antitrust & Competition
  • International Arbitration & Dispute Resolution
  • Mass Torts & Product Liability
  • Employment Law & Litigation
  • Japan

Shinsuke Yakura Partner Complex Litigation & Dispute Resolution, Patents

Tokio

Shinsuke Yakura is the Office Leader of Orrick's Tokyo office and a member of the Complex Litigation and Dispute Resolution Group. He has broad experience in handling cross-border litigation, arbitration, intellectual property and compliance matters.

His practice focuses on intellectual property, antitrust, product liability, medical and pharmaceutical, and other commercial disputes for both domestic and foreign companies. He actively engages in cross-border litigation and arbitration, and draws on his extensive knowledge and experience from various countries.

In regards to intellectual property, Shinsuke has represented numerous companies in patent infringement litigation involving a wide range of technologies related to electric devices and industrial machinery. He has also handled other IP-related issues such as trademark, copyright and right to publicity. He is a qualified patent attorney (Benrishi) in Japan.

Recently, he has been involved in business and legal issues related to artificial intelligence (AI), Internet of Things (IoT), and big data; he also acts as the Asia representative of Orrick’s Global AI Working Group.

Consistently providing strategic advice from a global perspective, he is also actively involved in bribery regulations including FCPA and UKBA, antitrust and competition law, cartel, fraud and compliance investigations.

He also advises in mergers and acquisitions, licensing and other transactional matters.