/Science/, Vol 307, Issue 5708, 337 , 21 January 2005 [DOI: 10.1126/science.307.5708.337b]
PATENT LAW: Shuji Nakamura Speaks Out
*Dennis Normile*
Appearing at a press conference in Tokyo on 12 January, Shuji Nakamura had strong words about the settlement of his lawsuit against his former employer and what it represents:
*On Japan's court system: "*U.S. courts really try to get down to the principles involved in a case. In Japan, hearings are over in 5 or 10 minutes! The court said that paying huge amounts of money to inventors would hinder industrial development. Who can be satisfied with such a system? If we don't change this kind of approach, [circumstances for inventors] in Japan can never be improved."
*On the size of the award:* "We've been fighting this trial on the idea of sharing 'excess' profits between the inventor and the company, based on their respective contributions. [In two other recent cases, courts awarded 10% and 20% of "excess" profits, judged as being above "normal" profit levels, to the inventors.] In my case, the district court determined that by 2003, Nichia had earned 'excess' profits of 160 billion yen. The high court set an award of 600 million yen. That means my contribution to this patent was not even 0.5%."
*On conditions for researchers: *"Basically, Japanese society doesn't value the contributions of individuals. In Japan, the world is centered on big companies. The underlying principle is the concept of sacrificing yourself for big companies. In Japan we have a saying that the nail that sticks up gets hammered down. ... I can only say that competent researchers should come to America. It may be tough, but it is a country with a merit system. You'll be rewarded according to what you do."
*On Japan's educational system:* "One good point about Japan is its educational system. But it is geared toward turning out production workers. In America, inventors are educated, beginning in childhood, to dream of starting their own companies. American society values individuals, not companies; Japanese society values companies, not individuals."
*On the impact of the award:* "After paying taxes, attorney fees, etc., very little will be left. I might be able to pay off my mortgage. But that's about it. ... I hate legal battles, they're such a waste of energy. I want to get back to the world of research, where I belong."
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