Makoto Yoshimura

Attorney at Law

Mr. Yoshimura provides clients with comprehensive and strategic advice on both domestic and international intellectual property rights mainly focusing on patent rights, covering from R&D to exercise of rights including licensing and litigation, and the settlement of disputes. Upon preparing various legal documents such as license agreements or cooperative research and development agreements, or working on settlement of disputes, his professional attitude toward his work is based on his strong belief that the scheme for the clients must be planned in light of each client’s situation in their business activities so as to ensure that the most suitable scheme of all be constructed for them. Also, in lawsuits including domestic and international patent infringement litigation cases, Mr. Yoshimura places importance on making his presentation easily understood by the judges. Mr. Yoshimura continually strives to enhance understanding on essential characteristics of individual cases based on his knowledge and mentality that he developed through his academic studies of math and science subjects.

Major matters handled

• Patent dispute between Toyoda Gosei Co., Ltd. and Nichia Corporation
Mr. Yoshimura has represented Toyoda Gosei in dozens of patent infringement suits, provisional disposition matters, invalidation trials, appeals against trial decisions and other matters involving Nichia. In a recent patent dispute concerning blue LEDs, which are used in LED lamps and liquid crystal backlighting, Toyoda Gosei and Nichia exercised their patent rights against each other, but Mr. Yoshimura achieved a resolution through a full settlement.

• Toyota Central R&D Labs, Inc. litigation for consideration for employee inventions
Mr. Yoshimura acted for Toyota Central R&D Labs in a claim for consideration for employee inventions in which the person who drafted the patent specification was allowed as a joint inventor.

• Patent dispute between Tokai Rika Co., Ltd. and Ashimori Industry Co., Ltd.
When Tokai Rika filed patent infringement litigation and other actions against Ashimori Industry, Mr. Yoshimura acted for Tokai Rika. The patent dispute involved seatbelts and was resolved by a settlement in which Ashimori Industry paid Tokai Rika ¥1.25 billion.

• Appeal against a trial decision revoking a trademark for non-use
Mr. Yoshimura acted for the trademark holder in a claim for rescission of the trial decision allowing the revocation for non-use of the 速脳速聴 (rapid thinking, rapid hearing) registered trademark. He argued that the registered trademark and the actual manner of use, which included other elements with the registered trademark, are identical from a common sense perspective and succeeded in having the trial decision allowing the revocation of the registered trademark for non-use rescinded.

• Damages claim based on breach of accountability
When the purchaser of a trust beneficiary right sued the seller’s agent for damages based on a breach of accountability, Mr. Yoshimura acted for the seller’s agent in the litigation.

• Patent disputes between Everlight Electronics Co., Ltd. and Nichia Corporation
Mr. Yoshimura represents the Taiwanese company Everlight Electronics in its invalidation trials, appeals against trial decisions and litigation relating to the Unfair Competition Prevention Act concerning white LED and blue LED patents held by Nichia.

Professional Career