Heisei 23 (Ne) 10002 [Rice Cake] <Iimura> <Damages> Article 102(2)
Updated: 1 hour ago
Article information
Type: Case note
Classification: Patents
Topics: Damages
First published on this site: 2023-12-09
Case number: Heisei 23 (Ne) 10002
Display and classification checked: 2026-11-14
Heisei 23 (Ne) 10002 [Rice Cake] <Iimura> <Damages> Article 102(2)
JPY 800 million awarded
Contribution rate 15% (85% rebutted)
<Contribution rate>
(1) Significance of the invention (appearance of grilled rice cakes and prevention of swelling)
(2) Advertising for the defendant's products: displaying and advertising the ‘slits made in the cut rice cakes’
+ Value of the infringing portion, customer-attracting power, and consumers' motivation to select and purchase
(Extract from the court's reasoning) <Contribution rate>
As shown in the attached drawings of the defendant's products (perspective views), the defendant's products have cuts 13 formed in the long sides of the side peripheral surface 12, namely two opposing side faces. Like the invention, they are configured so that, during grilling, the portion above cut 13 rises relative to the portion below it and swells and deforms into a state in which the expanded contents are sandwiched between upper and lower grilled plate-like portions, like a monaka wafer sweet or sandwich, thereby suppressing outward eruption caused by swelling.
It is also found that the defendant (1) has sold the products under the name ‘Sato's Cut Rice Cakes Paritto Slit’ since around September, Heisei 15, actively emphasizing in promotion and advertising that cuts in the upper, lower, and side faces of the rice cakes allow them to grill plumply; (2) from around Heisei 17, packaged rice cakes with cuts became widely known among consumers, contributing to increased sales; and (3) from fiscal Heisei 22, almost all its packaged rice cakes contained cuts. Taken together, these matters show that forming cuts, etc. on the side peripheral surface, which is the upright side face of a cut rice cake, and the resulting ability to grill well are connected to consumers' selection of the defendant's products (Attached Product Lists 1–5) and contribute considerably to increased sales (Ko 4, 21–26, 43, 51, 56-1 to 56-22, and 60–63; Otsu 152, 153 and 164–167).
Considering, as above, the value or importance of the infringing portion in the defendant's products (Attached Product Lists 1–5), customer-attracting power, consumers' motivation to select and purchase, etc., it is appropriate to find that the patent contributed 15% of the profits the defendant obtained from sales of those products (Attached Product Lists 1–5).
Originally published: 2023-12-09
Related articles
Update history
The first publication date and update dates are recorded separately. Display maintenance does not mean that the legal analysis was re-verified.
2026-11-14: Display and classification maintenance (article information, issue tags, language/SEO links, related articles, and consultation path added).
Comments