Patent Case Law and Intellectual Property Practice Blog

日本語版: https://www.takaishihideki.com/single-post/linkedin-7512399504474587136-ja Article information Article type: Case note Categories: Patents・Unfair competition law Issues: Claim interpretation・Damages First published on this website: October 5, 2026 Case information: Osaka District Court, Reiwa 5 (Wa) 10970 [Video viewing apparatus] <Presiding Judge Takemiya> Display and classification checked: October 5, 2026 Osaka District Court, Reiwa 5 (Wa) 10970 [Video viewing appara

日本語版: https://www.takaishihideki.com/single-post/linkedin-7512399924743909377-ja Article information Article type: Case note Categories: Patents Issues: Damages First published on this website: October 5, 2026 Case information: Reiwa 3 (Ne) 10037 [Antipruritic agent] <Presiding Judge Hibiki Shimizu> Display and classification checked: October 5, 2026 May 27, Reiwa 7 IP High Court, Reiwa 3 (Ne) 10037 [Antipruritic agent] <Presiding Judge Hibiki Shimizu> <Damages> Treatment of

* The geographic scope of the non-compete provision was too broad, rendering it invalid. ⇒ No narrowing construction, in view of its deterrent effect. (Preparatory acts during employment violated ancillary obligations under the employment contract, but only a small damages award was granted.)

= Tokyo District Court, Reiwa 6 (Wa) 70083 * A separate action claimed consumption-tax-equivalent amounts not claimed in the earlier proceedings, but was dismissed as inadmissible for violating good faith.

① The Ricoh case and how “compulsory mediation” should operate Although the first-instance judgment also dismissed damages entirely, as long as the implementer actually enjoys the patented invention's benefits, a solution denying an injunction but allowing payment equivalent to a reasonable licence fee (royalty)—following the Supreme Court's 1968 judgment—is desirable from the perspectives of legal consistency and equity.

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.

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.

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

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”

[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).