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[Article / Patents] Same patent and reference, but different novelty findings in IP High Court judgments by the same division on the same day (a trial-decision revocation action and an…
Read the Japanese version / 日本語版を読む [Article / Patents] Same patent and reference, but different novelty findings in IP High Court judgments by the same division on the same day (a trial-decision revocation action and an infringement action), with a correction-based rejoinder dismissed as untimely (Hideki Takaishi, Patent, March 2024) The trial decision rejecting invalidation identified a difference: the invention’s “information provision apparatus” was a single apparatus, wh
[Article / Patents] Adding asserted patent claims during litigation—subject matter of the action and untimely means of attack or defense (森本晃生, Patent, November 2024)
Read the Japanese version / 日本語版を読む [Article / Patents] Adding asserted patent claims during litigation—subject matter of the action and untimely means of attack or defense (森本晃生, Patent, November 2024) The IP High Court reversed the Osaka District Court’s treatment of adding a patent claim as an “amendment of the action” (Code of Civil Procedure, Article 143), holding that it was “submission of a means of attack or defense” (Article 157). The reason lies in the Patent Act’s
Tokyo District Court, Case No. 2024 (Wa) 70129
Read the Japanese version / 日本語版を読む Tokyo District Court, Case No. 2024 (Wa) 70129 [Box-shaped vessel] (Presiding Judge Sugiura) *The defendant denies involvement with the products at issue. ⇒ No "obligation to clarify the specific manner." ⇒ Claim requirements not satisfied due to insufficient proof. The existence and locations of the "pH sensor" and "stock-solution supply device" in the products at issue are unknown. Regarding Article 104-2 of the Patent Act (obligation to
Legal Update (Items Posted in January 2026)
Read the Japanese version / 日本語版を読む Scope: Articles published in January 2026 by attorney Hideki Takaishi (Nakamura & Partners) Number of items included: 34 List page: https://www.nakapat.gr.jp/ja/legal_updates_jp/ <Highlights of This Month> Key Points in the January 2026 Intellectual Property and Legal Affairs Update This month’s legal update addresses 34 court decisions and commentaries spanning a broad range of intellectual-property practice, including chains of divisional
