Mock Mediation: “Projector of the Moon Case”
This video shows a mock mediation, “Projector of the Moon Case,” which was shown on October 13, 2009 in a symposium commemorating the tenth anniversary of the establishment of the Center’s Shikoku Subbranch. The video describes the Center’s mediation procedures clearly, and we would be happy if you would watch it.
You can see the video just by clicking any of the chapters listed below. Please note that the Center’s Shikoku Subbranch holds the copyright to this video. Unauthorized reproduction, recording, and other duplication are prohibited.
- Chapter1 Introduction: A summary of the story a warning about infringement for the mock mediation, "Projector of the Moon Case."
- Chapter2 Vega Industries, the applicant, received an answer to the warning and consulted its attorney-at-law. Filing a suit would have a jurisdiction problem but an application for mediation or arbitration would be possible in Shikoku. The differences a
- Chapter3 Altair Optics, the respondent, considered the advantages of mediation (fairness and neutrality, closed-door procedures and prompt and flexible handling) and accepted the mediation.
- Chapter4 Explanations of the exclusive jurisdiction of a patent suit and the advantages of the Center's arbitration and mediation services (fairness, neutrality, closed-door procedures, prompt and flexible handling).
- Chapter5 First hearing for mediation. Mediators appointed and published. Confidentiality obligation. Hearing of the present status.
- Chapter6 Outline of the application. Vega Industries explained the patent in question. Comparison of constituent features.
- Chapter7 Altair Optics argued the invalidity and scope of the patent in question.
- Chapter8 The mediators summarized the points in dispute: validity of the patent. Infringement on the technical scope. Altair Optics refuted based on prior user rights (requirements).
- Chapter9 Explanations of validity, technical scope and prior user rights.
- Chapter10 Second hearing for mediation. Evidence of prior user rights.
- Chapter11 Explanation of prior user rights (requirements and evidence).
- Chapter12 The mediators' explanation of the adjustment of opinions (validity, prior use) and settlement.
- Chapter13 Vega Industries examined a desirable dispute resolution and the possibility for winning the case. Estimate of damages and examination of the license. Altair Optics examined the interest of the company as a whole.
- Chapter14 Explanations of a case in which the exploitation belongs to the technical scope and prior user rights exist and explanation of the settlement.
- Chapter15 Third hearing for mediation. Discussions about settlement. Consultation with each of the parties ... Key problem: license fee. Arbitral agreement reached.
- Chapter16 Explanations of preparations before participating in mediation and other details.
