Part 2: Can a Server Abroad Still Escape a Patent? Inside the Landmark Dwango v. FC2 Ruling [Paid]
"Put the server abroad, and Japanese patent rights can't touch you." That design assumption—long treated as gospel—was upended by Japan's Supreme Court on March 3, 2025. In a dispute over a video-comment delivery system, the court ruled for the first time on how far a Japanese patent reaches across a borderless, distributed system. This paid article unpacks the test the court actually applied: Did territoriality survive? What does "substantially performed within Japan" really mean? And we walk through the distinct factors the court laid out for 'provision-type' and 'production-type' claims.
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