Patent Case Law and Intellectual Property Practice Blog

日本語版 / Japanese version Motivation to apply well-known technology denied ⇒ Inventive step upheld ‘A person skilled in the art encountering the description in Ko 1 cannot be said to understand that ... would cause ... a deterioration in quality. Accordingly, motivation to perform AF control in the Ko 1 invention cannot be found.’　 https://www.courts.go.jp/assets/hanrei/hanrei-pdf-92185.pdf Originally published: 2023-11-18 Original article: https://ameblo.jp/hideki-takaishi

日本語版 / Japanese version Tokyo District Court, April 27, 2022 (2020 (Wa) 29604): defendant and defendant’s supporting intervenor Tokyo District Court, May 29, 2019 (2017 (Wa) 44053): plaintiff and plaintiff’s supporting intervenors IP High Court, December 18, 2018 (2017 (Ne) 10086): appellee and appellee’s supporting intervenor Tokyo District Court, September 21, 2017 (2016 (Wa) 24175): defendant and defendant’s supporting intervenor Cf. Osaka District Court, December 18, 2018

日本語版 / Japanese version ‘It filmed ... the circumstances of the plaintiff's arrest in flagrante delicto ... on a street in broad daylight, with one of the plaintiff's hands handcuffed by a police officer ... . ... The content of the arrest video insults the plaintiff beyond the limits that should be tolerated under socially accepted norms ... .’ ⇒ Infringement of portrait rights (JPY 300,000 awarded as compensation for emotional distress caused by infringement of both reput

日本語版 / Japanese version Fourth generation of the patent in 2019 (Wa) 30991 The original application's initial specification neither describes nor suggests the technical significance of the ‘additional compounds’ incorporated into the claim!! ⇒ It merely described the presence of small amounts of impurities and byproducts ⇒ Divisional-application requirements not satisfied (addition of new matter) ⇒ Novelty denied Cf. The appellate court, the Intellectual Property High C

日本語版 / Japanese version * Even if a purpose is not manifested in a publicly used product, an objectively ascertainable product effect is a point of identity. ⇒ Inventive step denied Whether the ‘water’ in the publicly used product corresponds to the ‘volatilization-suppressing component’ of the invention is determined by whether it can objectively be understood to be a component for suppressing volatilization after spraying. ⇒ Not affected by the purpose of its addition or

日本語版 / Japanese version ‘... Considering the circumstances particular to this case comprehensively, denying disclosure of sender information ... on the ground that Login 2, which is temporally closer to the tweet than Login 1, exists ... would be contrary to the purpose of Article 5 of the amended Act, which seeks to ensure effective relief.’ ⇒ Reversal and disclosure order 091992_hanrei.pdf (courts.go.jp) Originally published: 2023-11-12 Original article: https://ameblo.jp/

日本語版 / Japanese version Trademark at issue: Barenai Futae (‘Undetectable Double Eyelids’) Defendant's sign: Barenai Futae (‘Undetectable Double Eyelids,’ with different Japanese orthography) ‘It is perceived and understood as an explanation of the efficacy, etc. of the defendant's product—that the formation of double eyelids is not easily revealed to others ...—or as a catchphrase for such efficacy, etc.’ ⇒ The right does not extend to the defendant's sign (Trademark Act,

日本語版 / Japanese version <Damages> Rebuttal of the presumption under Article 102(2): rebutted by 80% <Grounds for rebutting the presumption> (1) Significance 1 at issue—preventing deformation and damage to the exterior portion—is a function and element that a product should naturally ensure. ⇒ It can also be achieved through technologies other than the invention, such as choices of material, bracket-mounting method, and mounting-portion structure. (2) Significance 3 contr

日本語版 / Japanese version In 2009 (Gyo-Ke) 10189, the Intellectual Property High Court required strong distinctiveness—that is, fame—sufficient to cause confusion as to commercial origin even for dissimilar goods or services ⇒ The article regards the conclusion as appropriate but disagrees with the general proposition. https://www.inpit.go.jp/content/100126269.pdf Originally published: 2023-11-03 Original article: https://ameblo.jp/hideki-takaishi/entry-12827166886.html