Japanese Patent Litigation Interpreting
The nature of our practice makes it highly unlikely that we could accept assignments from non-Japanese entities who will be deposing witnesses of Japanese entities.
Are you going to be preparing Japanese witnesses for depositions? Are you going to be defending depositions of a Japanese witness via an interpreter? In either case, if your interpreter is not up to the difficult task of helping to prepare your witnesses and checking the lead interperter in the deposition room, your client may not get the value they expect.
An additional important factor to consider when participating in depositions in Japan is the problem of getting your interpreter to the venue. If you were planning to use an interpreter from the US who is a US citizen, you will need to address not only the travel expense issue, but also the problems of obtaining a deposition visa.
Quality
Specialization in Interpreting for Patent Litigation Additionally, since Lise & Partners, Inc. specializes in deposition interpreting and has extensive deposition experience working with major US law firms and their Japanese clients, we have a commitment to being a team member for the duration of the assignment, and welcome the opportunity to provide whatever language services and related assistance you might need during the course of the deposition, both in the deposition room and outside. We can also provide translations of discovery documents that are expected to be used in depositions. Naturally, you will want to contact us early about discovery document translation.
Extensive Real-World Experience It is extremely difficult to interpret a deposition of a witness living in the real world of industry and business if you have not lived and worked in that world yourself. Unlike many interpreters you might encounter helping your advesary examine your witness, we having been in both research and business environments and, having managed businesses in Japan, will not often be puzzled by the real-world responses of Japanese deponents.
Language Ability Although you naturally expect an interpreter working with Japanese and English to have superior ability in both languages, depositions taken in Japan are often hampered by deficiencies in the area of spoken English on the part of the interpreter. You naturally need a clean record of testimony in English, and to get that you need an interpreter who speaks native level English. The record will reflect only the English interpreting of the deponent's responses as obtained through the interpreter. A poor interpreter is not the weak link you want to introduce into the process. Because the lead interpreter might not have native-level English, it is a valuable asset to have a native English speaker as your checking interpreter.
Economy and Logistics
Eliminating Visa Application Problems Since our native-English-speaking interpreters are residents in Japan, you will not be required to go through the messy process of applying for a visa for your interpreter, as you will need to when taking a US citizen interpreter to Japan for depositions.
Eliminating Costly Airfares Being based in Japan, our interpreters can get to any deposition venue in Japan for a tiny fraction of the cost of flying an interpreter from the US. We additionally can get to venues such as Korea more economically than someone coming from the US, and have visited Korea numerous times for Japan-related depositions for which it was not possible to obtain a deposition room reserveration in Japan.
The Value of Specialization
Because there are only three usable deposition rooms in Japan (one at the US Embassy in Tokyo and two at the US Consulate in Osaka), many interpreters you encounter in taking and defending depositions--especially in Japan--have very little or no deposition experience. They might do well, but then never get another deposition assignment. For many interpreters, deposition interpreting could represent no more than a challenging break between other types of assignments.
For us, deposition interpreting is not a sideline; it is an ongoing commitment. Almost all of our extensive interpreting experience has been in the deposition room and, although our practice is dedicated to helping your prepare and defend your Japanese witnesses, we bring to the task of deposition interpreting a broad range of experience acting as the lead interpreter in depositions for US law firms for US patent litigation.
Almost all of our deposition interpreting is for intellectual property cases. We have also been involved with licensing negotiations, and meetings between Japanese and overseas engineers.
We have experience in giving testimony as an expert witness on translation matters for litigation.
The typical interpreter you might encounter in attempting to contract for a deposition interpreter in Japan might be perfectively capable of other types of interpreting, but ill-equipped to interpret a deposition for the simple reason of a lack of deposition experience. This situation is practically inevitable, given that the number of other interpreting assignments in Japan is so great compared with the maximum of 3 depositions that can be taken simultaneously in Japan at any one time (one at the US Embassy in Tokyo and two at the US Consulate in Osaka).
Additionally a conference interpreter acting as the sworn lead interpreter at a deposition for the first time is often shocked to find that another interpreter is in the deposition room and actively objecting, when necessary, to his or her interpreting. Conference interpreters work under a different type of pressure, but are almost never corrected while interpreting, as is the normal situation in depositions.
Over Two Decades of Providing Deposition Interpreting Services to Major US Law Firms
We have provided deposition interpreting in Japan for more than 25 years, in a wide variety of cases.
Subject Matter Fields
We have provided Japanese/English interpreting for litigation involving a broad range of subject matter, including the following.
- Memory devices (including but not limited to flash memories)
- IC manufacturing technology
- IC layout software
- Printer software
- Special-purpose lamps
- TV game software
- Haptic interfaces
- Magnetic recording
- Hard disk drive motors
- Lithium ion batteries
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- Hybrid vehicles
- Particle counters
- Machine tools
- Metal production technology
- Measuring instruments
- Pharmaceuticals
- Storage management software
- Production control software
- Mainframe system software
- Food additives
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Typical Cases
The following are just a few examples of cases we have handled, listed in alphabetical order. In addition to matters in US Federal court and ITC investigations, we have done interpreting for arbitration involving intellectual property matters.
- Agere Systems Inc. v. Sony Corporation, Sony Computer Entertainment Inc., Sony Computer Entertainment America, and Sony Electronics Inc. (2:06-cv-00079; wireless LAN and semiconductor lasers)
- Board of Regents, University of Texas System, on behalf of University of Texas at Austin and Hydro-Quebec v. Nippon Telegraph and Telephone Corporation in the District Court of Travis Country, Texas, 126th Judicial District (Cause No. GN1-01844; lithium ion batteries)
- Alcon Manufacturing., Ltd., Alcon Laboratories, Inc., and Kyowa Hakko Kogyo Co., Ltd. v. Apotex Inc., and Apotex Corp. (1:06cv-1642; antiallergent for allergic conjunctivitis)
- AstraZeneca et al v. Sun Pharmaceutical Industries Ltd., et al (1:07-CV-00806; pyrimidine derivative for treatment of high cholesterol)
- Advanced Technology Incubator, Inc. v. Sharp Corporation et al (2:07-CV-00468; fabrication of color masks for liquid-crystal displays).
- Certain MLC Flash Memory Devices and Products Containing Same (ITC Investigation 337-TA-683; multilevel cell flash memories)
- Certain Multimedia Display and Navigation Devices and Components Thereof, and Products Containing Same (ITC Investigation 337-TA-694; car navigation)
- Certain Probe Card Assemblies, Components Thereof, and Certain Tested DRAM and NAND Flash Memory Devices and Products Containing Same" (ITC Investigation 337-TA-621; probe card assemblies for wafer testing)
- Certain mobile telephones and wireless communication devices featuring digital cameras, and components thereo (action brought by Eastman Kodak against Samsung et al (ITC Investigation 337-TA-663))
- Certain Semiconductor devices, DMA systems, and products containing same (action brought by Samsung Electronics Company, Ltd against Renesas Technology Corp., Renesas Technology America, Inc. (ITC Investigation 337-TA-607))
- Fenner Investment, Ltd. v. Microsoft Corporation et al (6:07-CV-00008)
- Hoffmann-La Roche Inc. v. Mylan Inc. et al (2:09-CV-01692; anticancer drug)
- Honeywell International Inc. and Honeywell Intellectual Properties Inc. v. Apply Computer, Inc. et al (C.A. No. 04-1338-KAJ (Consolidated); 04-CV-1337, 1338, and 05-CV-874)
- Immersion v. Sony Computer Entertainment (haptic interface technology)
- LG Electronics Inc. v. Hitachi, Ltd.; Hitachi Automotive Products (USA), Inc.; Clarion Co., Ltd.; Clarion Corporation of American and Xanavi Informatics Corporation (5:07-CV-00090; car navigation systems)
- Lexar. Media, Inc. v. Fuji Photo Film (3:03CV00355; flash memory)
- Matsushita Electric Industrial Co., Ltd. v. Mediatek, Inc., Oppo Digital, Inc., and Micro-Star International Computer Corp. (05-cv-3148; digital motion picture decoding apparatus and digital motion picture decoding method, method and apparatus for generating planarizing pattern and semiconductor integrated circuit device, clock generator and method for generating a clock)
- Mediatek, Inc v. Sanyo Electric Co. LTD., et al (86:05-cv-00323)
- Matsushita Electric Industrial Co., Ltd. v. Mediatek, Inc., Oppo Digital, Inc., and Micro-Star International Computer Corp. (05-cv-3148)
- Murata Manufacturing Co., Ltd. v. Samsung (ITC Investigation TA-337-692; Certain Ceramic Capacitors and Products Using Same (multilayer ceramic capacitors))
- Nichia Corporation v. Seoul Semiconductor. Ltd. et al (3:06-CV-0162; light-emitting diodes)
- Renesas Technology Corp. v. Nanya Technology Corp. and Nanya Technology Corporation, USA (5:03-cv-05709)
- St. Clair v. Fuji Film (digital cameras)
- Storage Technology v. Quantum
- In Re TFT-LCD (Flat Panel) Antitrust Litigation (M:07-cv-1827)
Conflict Checking
Before we accept any assignment of interpreting for litigation, we need to be sure that the assignment would not result in a conflict with any of our existing clients or any ongoing case in which we are currently providing services. It is therefore essential that you inform us not only of the identities of the parties in any case in which you wish us to interpret, but also the identities of any anticipated non-party deponents.
Witness Preparation
Once potential witnesses have been identified, the task of preparing the witnesses for depositions begins. Because most Japanese witnesses are participating in a deposition for the first time, the more natural and accurate the interpreting is, the more freedom you will have to focus on the task of prepping your witnesses. Having a professional interpreter fully familiar with the deposition process is a valuable asset.
Since we specialize in working with Japanese entities, we have often interpreted for witness preparation and, being familiar with the deposition process, we feel that we can provide valuable services at this stage of the deposition process, in addition to acting as the checking interpreter when you are defending depositions.
Some law firms rely on their clients to provide in-house interpreters for witness preparation, but sometimes find that it would have been better to seek the services of a professional interpreter from the start. What you gain by arranging professional deposition interpreting services is an interpreter who is a dedicated team member from the start of the deposition prepping process, and who can focus on the interpreting task, leaving client personal free to attend to their normal duties in the preparation for the litigation.
Meetings With the Client
Before you even get to the witness preparation stage, you will probably have meetings with your client to discuss strategies. An interpreter thoroughly familiar with the process can be an asset at this stage as well. Naturally, a professional interpreter will be bound by any NDA or protective court order that is agreed to.
Terminology
Complex intellectual property cases often stump interpreters who do not have technical backgrounds. Familiarity with the terminology used in the field of the invention is essential to providing high-quality interpreting from the first stages of witness preparation. Additionally, while preparing ourselves for the interpreting assignment, we regularly create glossaries. Having participated in witness preparation, we are in the ideal position to act in the role of check interpreter at the deposition, and glossaries produced in the preparation process provide a valuable tool for checking the lead interpreter.
On-site Document Triaging Discovery document examination and evaluation in Japan for foreign attorneys, involving triage screening and sight translation documents.
Meeting interpreting
- Meetings between a US inventor and a Japanese patent/law firm, including presentations of the invention before a board of Japanese patent examiners.
- Meetings between engineers of US and Japanese firms which have entered into agreements for the licensing of technology.
- A 1-1/2 year licensing negotiation interpreting assignment for a large US firm. The work consisted of monthly visits to more than a dozen Japanese firms with a licensing/patent team from the US side, and participating in licensing meetings.
- Interpreting for a presentation before the Ministry of Posts and Telecommunications in Japan.
Where Can We Provide Interpreting Services?
Most of the parties to litigation we are involved in interpreting for wish to hold depositions in Tokyo. The difficulty of reserving the single deposition room in US Embassy in Tokyo, however, has meant that many of our assignments have been in the US Consulate in Osaka. Travel is no problem. Lately, the difficulty in securing the room in either Tokyo or Osaka has placed more importance on alternative solutions. One of them is to do depositions in nearby Korea, and we have traveled to Korea four times recently under just those circumstances.
We also do deposition interpreting in the US, and would entertain offers of assignments virtually anywhere.
If you are going to need interpreting services, be sure to contact us as early as possible in the process of planning your depositions, regardless of whether you are taking or defending depositions. It is often very difficult to schedule time with less than 3 to 4 weeks prior notice. Please note that our clients are manufacturers and law firms.
To learn more about who we are, and how to contact us, you might wish to check the profile of our President, William Lise. If you have an immediate requirement, contact us with the details of your upcoming depositions.
Certified Videographers for Depositions in Asia
Although the nature of our practice makes it highly unlikely that we could accept interpreting assignments from non-Japanese entities who will be deposing witnesses of Japanese entities, we highly recommend Legal Video Asia for any videography requirements you might have in Asia.
Legal Video Asia is the only company in Japan/Asia that has U.S. certified deposition videographers (AGCV: American Guild of Court Videographers). Recording depositions and discovery since 1995 throughout the Asia-Pacific region, LVA strictly adheres to the U.S. Federal Rules for taking depositions and record digitally to preserve the record in the highest quality.
Additionally, as long-term residents of Japan, we require no special visas, travel fees or accommodation to perform our services. LVA's familiarity with procedures at the U.S. Consulate/Osaka and U.S. Embassy/Tokyo and access to local information and support services ensure a successful and cost-effective solution to legal videography.
For further information, please visit Legal Video Asia's website.

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