Should judges promote settlement?

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Should judges promote settlement?

Chief Judge Toshiaki Iimura gave a well-received lecture on “how Japanese IP litigation really works” at UCL’s Institute of Brand and Innovation Law on Wednesday. Judging by reactions afterwards, his most provocative comments were about the role that judges can and should play in helping parties resolve disputes


Chief-Judge-Iimura

Iimura, who was visiting the UK, spoke about various aspects of the Japanese system, including the court framework, appeal processes, streamlining infringement and invalidity hearings, remedies, amicus briefs, preliminary injunctions and costs. As he said himself, it was a lot to cover in his hour-long presentation.

The IP High Court was established in 2005 in recognition, Iimura said, of the need for “a high quality judicial system” and the speedy resolution of IP disputes. He has been chief judge since 2012 and was interviewed in Managing IP in August of that year.

In 2012, there were 567 IP cases before the district courts in Japan, 155 of them to do with patents. The IP High Court had 146 appeal cases from the district courts (58 of them patent-related) and 457 cases arising from JPO appeals/trial decisions. These and other facts are included in his detailed slides, available on the UCL website.

One of the points Iimura emphasised was what he called the “active involvement of judges” in promoting settlements, often at the preliminary injunction stage (where the product has a short lifespan) or based on a tentative view by the judge that infringement is either likely or not. As he said, a negative finding can incentivise either the plaintiff or defendant to seek to settle the dispute.

Of course, he’s not the first judge to sing the praises of settlements and other alternatives to litigation. As my colleague Emma Barraclough wrote here last week, UK judge Mr Justice Arnold spoke in favour of mediation at a seminar last week; Emma has also interviewed the chair of OHIM’s Boards of Appeal about his mediation initiatives). Last year, US District Court Judge Lucy Koh famously urged lawyers for Apple and Samsung to settle their dispute and avoid further litigation.

Perhaps it’s ironic that judges, whose livelihood depends on court disputes, should encourage parties to get out of court. But of course all over the world there is a recognition that much litigation is expensive, time- and resource-consuming and ultimately destroys corporate value. Judges who promote the amicable resolution of disputes are acting in their own courts’ best interests and those of society at large.

But during the reception following Iimura’s presentation last night, I heard some dissenting voices. It’s not for judges to tell parties how to behave, particularly at the early stage of proceedings and given that many disputes involve multiple cases in different jurisdictions, said one lawyer. Another added that judges should focus on making the litigation process more efficient and transparent, and leave lawyers to worry about the dynamics of a dispute. Indeed, Iimura himself pointed out that one of the downsides of mediation is that can drag on as there are no court-imposed deadlines.

What do readers think? Is it for judges to actively encourage parties to settle, or should they stick to the issues in the courtroom and leave wider matters to the lawyers and parties involved in the case?



more from across site and SHARED ros bottom lb

More from across our site

A multijurisdictional claim filed by InterDigital and a new spin-off firm in Germany were also among the top talking points
Duarte Lima, MD of Spruson & Ferguson’s Asia practice, says practitioners must adapt to process changes within IP systems, as well as be mindful of the implications of tech on their practices
Practitioners say the UK Supreme Court’s decision could boost the attractiveness of the UK for AI companies
New awards, including US ‘Firm of the Year’ and Latin America ‘Firm to Watch’, are among more than 90 prizes that will recognise firms and practitioners
DWF helped client Dairy UK secure a major victory at the UK Supreme Court
Hepworth Browne led Emotional Perception AI to victory at the UK Supreme Court, which rejected a previous appellate decision that said an AI network was not patentable
James Hill, general counsel at Norwich City FC, reveals how he balances fan engagement with brand enforcement, and when he calls on IP firms for advice
In the second of a two-part article, Gabrielle Faure-André and Stéphanie Garçon at Santarelli unpick EPO, UPC and French case law to assess the importance of clinical development timelines in inventive step analyses
Public figures are turning to trademark protection to combat the threat of AI deepfakes and are monetising their brand through licensing deals, a trend that law firms are keen to capitalise on
News of Avanci Video signing its first video licence and a win for patent innovators in Australia were also among the top talking points
Gift this article