Patent Case Law and Intellectual Property Practice Blog

Explore articles on damages, injunctions and proof of infringement. The relevant considerations differ across legal fields and cases; consult the individual articles and their sources.

Read the Japanese version / 日本語版を読む [Article / US patents] Extraterritorial application of patent law (龍野文, Patent, November 2023) 1. Direct infringement (35 U.S.C. § 271(a)) (1) System inventions (NTP) Even if some components (servers, etc.) are outside the United States, use is considered domestic if the system is “controlled and beneficially used” in the United States, with its benefits enjoyed there. (2) Method inventions (NTP) There is no infringement unless all steps ar

Read the Japanese version / 日本語版を読む [Article / Unfair competition law] Remedies for Indications Misleading as to Quality, etc.—Including a Comparison with Similar Provisions in the Act against Unjustifiable Premiums and Misleading Representations and the Antimonopoly Act (足立勝, Patent Supplement, October 2023) 1. Comparison with the Act against Unjustifiable Premiums and Misleading Representations and the Antimonopoly Act (1) Act against Unjustifiable Premiums and Misleading R

Read the Japanese version / 日本語版を読む [Patents / Damages] IP High Court Grand Panel, Reiwa 5 (Ne) 10040, “Breast augmentation composition” The court held that consumption tax is not added to damages under Article 102(3). = Tokyo District Court, Reiwa 6 (Wa) 70333 ≠ Reiwa 3 (Ne) 10037, “Remitch” Excerpt from the holding (translation) (3) Amount equivalent to consumption tax “As stated in (1)(d) above, when calculating damages under Article 102(3) of the Act, comprehensively cons

Read the Japanese version / 日本語版を読む Tokyo District Court, Case No. 2023 (Wa) 70402 [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). The invention in Exhibit Otsu A21 (ordinary drainage) and that in Exhibit Otsu A25 (siphonic drainage) differ in technical

Read the Japanese version / 日本語版を読む [Copyright] Osaka District Court, Case No. 2024 (Wa) 5501 (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 postin