Patent Case Law and Intellectual Property Practice Blog

日本語版 Article information Article type: Case note Categories: Patents Topics: Claim interpretation / Proof of infringement First published on this website: 2026-10-07 Display and classification checked: 2026-10-07 Osaka District Court, Reiwa 4 (Wa) 11025 [Porous air-permeable bag containing food for mites] * The invention has a structure capable of retaining the attractant inside. ⇒ In the defendant's product, the mite attractant is merely sandwiched between two superposed non

1. Choice of jurisdiction District courts with specialized IP divisions tend to have low grant rates of around 40% (Tokyo District Court IP division statistics). The article's author, however, has achieved a 100% grant rate by applying to summary courts and recommends using them.

1. Legal position of judicial research officials Under Courts Act Article 57 and Code of Civil Procedure Article 92-8, they may ask parties questions on factual and legal matters and directly question them during examination of evidence. Most have experience as JPO trial examiners, but patent-attorney positions comprise one at the IP High Court (mechanical field) and one at the Tokyo District Court (chemical field). The term is three years.

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.

[Box-shaped vessel] (Presiding Judge Sugiura) *The defendant denies involvement with the products at issue. ⇒ No "obligation to clarify the specific manner."

(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.

[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)

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.

Osaka District Court, Case No. 2024 (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.