Tokyo District Court, 2024 (Yo) 30028 — Age-Related Macular Degeneration (Kokubun, Civil Division 29)
Updated: 2 days ago
Article information
Article type: Case note
Categories: Patents, Unfair competition law
Topics: Patent linkage, False allegations, Injunctions
First published on this website: 2026-10-16
Display and classification checked: 2026-10-17
Case information: 2024 (Yo) 30028
Tokyo District Court, 2024 (Yo) 30028 — Age-Related Macular Degeneration (Kokubun, Civil Division 29)
(Issued around the same time as Tokyo District Court, 2024 (Yo) 30029 (Nakashima, Civil Division 40).)
⇒ Without deciding whether there was patent infringement, the court, in light of the circumstances, began with “negation of unlawfulness as a lawful act.” It adopted a framework under which, even where an act formally constitutes dissemination or communication of false facts, it is not unlawful as a lawful act contemplated by the patent linkage system if it is found appropriate in light of the purpose of providing pharmaceutical patent information under that system. It found appropriateness in this case.
(Source: Hikaru Takagi, Professor Emeritus, Kyoto University, “Injunctions Against Statements of Opinion by Patentees in the Patent Linkage System,” NBL No. 1285, p. 33.)
Originally published: 2025-03-13
Original Japanese post: https://ameblo.jp/hideki-takaishi/entry-12889767027.html
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This history records actual publication, display, and classification changes made on this website.
2026-10-16: The AMEBLO source was first published on this website.
2026-10-17: Added classification, topic tags, article information, translation navigation, related articles, consultation guidance, and SEO. The original article text was not changed.
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