Patent Case Law and Intellectual Property Practice Blog

[Siphonic rain gutter system] (Presiding Judge Nakajima) *Inventive step recognized. The inventions in Exhibits Otsu A25 and Otsu A26 lack motivation for combination because their technical approaches are opposites (the former generates turbulence; the latter prevents it).

(Presiding Judge Nakajima) *Quotation defense under Article 32(1) of the Copyright Act established. (Excerpt from the judgment — translated)

(Hideki Takaishi, Nakamura & Partners) [Some case introductions omitted] 1. Central message of the video

[Aoba Dermatology Clinic] (Presiding Judge Nakadaira) *No violation of Article 3(1)(iv) of the Trademark Act. As to the textual portion "Aoba" in the trademark, it is unclear to consumers whether it is used in the sense of "green, young leaves, fresh greenery," etc., as a surname, or as a place name.

[Summary translation to fit the character limit] IP departments should redesign operations and organization around AI that obtains materials, plans and executes multiple processes. The aim is to assign routine filing, prosecution and searches to AI, freeing humans for case prioritization, claim design, business alignment and IP strategy.

(Presiding Judge Matsuami) *Employer liability under Article 715(1) of the Civil Code recognized!! The manager was to perform managerial duties in accordance with various manuals prescribed by the defendant; whenever an unclear or uncertain matter arose, the manager was required to contact and consult the defendant; and prior written consent from the defendant was required for posting on sites using social media, etc.

[Ethical Grain] (Presiding Judge Masuda) The Japan Patent Office consistently wrote and interpreted "logical" (ronriteki), where it should have said "ethical" (rinriteki), in the core of its determination!! ⇒ Trial decision revoked.

[System for providing an integrated homepage service] (Presiding Judge Nakadaira) *Claim requirements not satisfied (same as the first-instance judgment).

Osaka District Court, Case No. 2024 (Wa) 12861 [Chidoriya] (Presiding Judge Matsuami) *Status as an indication of goods or business denied.

[Storage container] (Presiding Judge Hibiki Shimizu) *Not similar (the design right holder lost on reversal). <Identification of the essential portion>