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

Cookies Settings

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

Rival IP teams return to court for a closely watched appeal over AI and copyright, but observers hoping for answers to some of the technology’s biggest legal questions may be left disappointed
Eight years after its launch, members of the Australian patent firm’s Singapore office explain its growth strategy over the past year
Lawyers at Bowmans Kenya discuss the digital blind spots posed by the transition from physical ledgers to cloud databases and digital co-development models
The Powell Gilbert co-founder discusses the confidence required to launch a firm, building an enduring patent litigation practice and why developing the next generation has changed her measure of success
Cabinet M Oproiu’s Raluca Vasilescu explains why AI is changing what clients expect from patent attorneys, where the technology is overhyped and what the next generation will need to do differently
As clients demand more flexible fees and AI-driven efficiencies, IP firms are rethinking pricing without abandoning the value of their work
HG Law was formed largely by ex Fish & Neave lawyers who left after the latter's merger with Ropes & Gray; now those experiences are shaping its latest combination
David Rodrigues and Evan Lazerowitz – attorneys at Robinson & Cole – offer practical guidance on the steps a business might consider to preserve and maximise IP value before entering financial distress or insolvency
Daniel Law CEO Alicia Daniel-Shores may have stepped into a family business, but she has spent two decades building her own vision around technology and litigation
Law firms don't particularly like saying no to clients. Perhaps they should get better at it
Gift this article