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 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

Read the Japanese version / 日本語版を読む [Copyright] Osaka District Court, Case No. 2025 (Wa) 3632 (Presiding Judge Matsuami) The plaintiff, a former professor at Tokushima University, alleged that the defendant's program was the plaintiff's copyrighted work or a jointly owned copyrighted work. ⇒ The very existence of the "plaintiff's program" was not established. The plaintiff lost. 1. It must be said that what was created in the first place is entirely unclear, and the existence

Read the Japanese version / 日本語版を読む Tokyo District Court, Case No. 2024 (Wa) 70509 [Action objecting to a decision on an application for an order to disclose sender information] (Presiding Judge Takahashi) = Tokyo District Court, Case No. 2024 (Wa) 70570 (Presiding Judge Takahashi) = Tokyo District Court, Case No. 2024 (Wa) 70523 (Presiding Judge Takahashi) ⇒ Disclosure of sender information granted. [Issue 1] Whether communications using BitTorrent constitute "specified tele

Read the Japanese version / 日本語版を読む [Unfair Competition Prevention Act / Imitation of configuration] Case No. 2025 (Ne) 10055 (Presiding Judge Hasegawa) Substantial identity of configuration denied The survey at issue did not use close-up photographs of the coats, but had respondents compare overall images of unknown resolution on mobile phones or computer screens. The impression obtained differs from that obtained by actually holding and observing the products. Only 41.0% to

Read the Japanese version / 日本語版を読む [Unfair Competition Prevention Act / Trade secrets] Osaka District Court, Case No. 2025 (Wa) 5424 (Presiding Judge Matsuami) "Details of users' insurance information, etc. (part of the master maintenance information), and Home-Visit Nursing Record I" constitute trade secrets. "Lists of staff members and medical institutions, etc., generic consent form templates, manuals, etc." do not constitute trade secrets (insufficient proof). Acquisitio