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

While IP Australia’s updated manual could be favourable to computer-implemented inventions, stakeholders would like to see whether a consistent and reliable standard is followed during actual examination
UKIPO will remain a competitive option as long as efficient service continues
A future opt-out has not been ruled out, but practitioners warn that the UK could fall behind in the AI race
US patent lawyers say they are increasingly advising clients on China strategies as corporations seek to gain leverage in enforcement, licensing, and supply chain management
Mike Rueckheim reunites with 12 of his former Winston & Strawn colleagues as King & Spalding continues aggressive hiring streak
As global commerce continues to expand through e-commerce platforms and digital marketplaces, protecting brands has become a growing challenge for organisations worldwide. Counterfeiting, intellectual property infringement, and online brand abuse are increasing across industries, making brand protection strategies a critical priority for businesses.
Henrik Holzapfel and Chuck Larsen of McDermott Will & Schulte explain why a Court of Appeal ruling could promote access to justice and present a growth opportunity for litigation finance
A co-partner in charge says the UK prosecution teams are a ‘vital’ part of the firm’s offering, while praising a key injunction win
A team from White & Case has checked in on behalf of Premier Inn Hotels in a UK trademark and passing off case against a cookie brand
Litigation team says pre-trial work and a Section 101 defence helped significantly limit damages payable by ride-sharing firm Lyft in patent case
Gift this article