IP High Court, 2024 (Ne) 10010 — Women’s Clothing: A Late Invalidity Defense (Nakahira)
Updated: 2 days ago
Article information
Article type: Case note
Categories: Patents
Topics: Litigation procedure, Inventive step
First published on this website: 2026-10-16
Display and classification checked: 2026-10-17
Case information: 2024 (Ne) 10010
IP High Court, 2024 (Ne) 10010 — Women’s Clothing (Nakahira)
* A new invalidity defense raised in the statement of reasons for appeal was considered late. (This would leave virtually no room to make any new argument beginning at the appellate stage….)
(Excerpts from the decision)
The appellant’s assertion of new grounds for invalidity in this court … was made in the statement of reasons for appeal. …
… After the court disclosed its preliminary view that the proceedings would move on to damages, … the examination of damages proceeded. … At the oral argument hearing, the appellant stated that it had no further allegations or evidence to present. Oral argument in the first instance was then closed and the first-instance judgment was rendered. … In view of this course of proceedings, the new grounds for invalidity asserted in this court constitute allegations and evidence submitted out of time, and the appellant was grossly negligent in submitting them late, so ordinarily their dismissal would be unavoidable. However, the appellee has, albeit in the alternative, responded to the grounds for invalidity submitted in this court, and oral argument in this court has closed without a rejoinder from the appellant. To this extent, it cannot be said that addressing them would delay the conclusion of the proceedings. The court therefore proceeds to examine them below. … The argument that inventive step is lacking is without merit.
Originally published: 2025-03-23
Original Japanese post: https://ameblo.jp/hideki-takaishi/entry-12891046166.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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