IP High Court, Case No. 2025 (Gyo-ke) 10027

Sep 28

2 min read

Updated: Oct 14

Read the Japanese version / 日本語版を読む

Article information

Article type: Case note

Display and classification checked: 2026-09-30

Categories: Patents

Topics: Inventive step / Motivation and teaching away

Published on this website: 2026-09-29

IP High Court, Case No. 2025 (Gyo-ke) 10027

[Hinge] (Presiding Judge Hasegawa)

*Inventive step recognized

A configuration for solving the problem of the primary cited invention cannot be changed without a particular reason. (What constitutes a particular reason?)

(Excerpts from the judgment — translated)

Given that the configuration of the invention in Exhibit Ko 3, namely the arrangement of arm support projections 16 and 17 outside the first cam portion 22 and second cam portion 23, is a configuration for solving the problem, it cannot be said that a person skilled in the art could readily have conceived of changing it without a particular reason to a configuration in which a pair of support portions of the first wing member of Invention 1 at issue supports a projecting portion protruding from the second wing member between them, for example by changing it so that arm support projections 16 and 17 are interposed between the first cam portion 22 and second cam portion 23.

Further, Exhibit Ko 4 discloses only a configuration in which, similarly to the invention in Exhibit Ko 3, a pair of support portions is provided on the configuration (support member 60) corresponding to the second wing member of Invention 1 at issue, with the configuration (mounting member 50) corresponding to the first wing member of Invention 1 at issue interposed between them. It contains no description suggesting a change to the configuration of the invention in Exhibit Ko 3.

https://lnkd.in/g4-fmVU7

https://lnkd.in/gbTS-bbr

hanrei-pdf-95472.pdf — courts.go.jp

Originally posted on LinkedIn: https://www.linkedin.com/feed/update/urn:li:activity:7509878676017201152/

Updates and corrections

This log starts on 30 September 2026. Display and classification checks are distinct from a review of the legal analysis.

2026-09-30 — Presentation update: added the article type, this change log and a link to consultation options. The existing article text was preserved.

Intellectual property enquiries

Contact Hideki Takaishi about legal advice or speaking engagements

Find the right consultation option

Comments

[IP Practice Online] “20 inventive-step issues, 3 min each” (Authors; supervisor: Hideki Takaishi)

[Article / Patents] Same patent and reference, but different novelty findings in IP High Court judgments by the same division on the same day (a trial-decision revocation action and an…

[Article / Patents] Double standards in inventive-step assessment (Hideki Takaishi, Patent, June 2024)

[IP Practice Online] Introduction of important patent judgments newly included in "Patent Case Law Encyclopedia, 4th edition" (Chizai Juku)

Tokyo District Court, 2013 (Wa) 33070 [Agricultural-Produce Sorting Apparatus] <Hasegawa>

[Article] Supplementing Unfair-Competition Protection Through Civil Code Tort Law (Patent Supplement, 2023; Professor Tatsuhiro Ueno)

[Unfair Competition Prevention Act / Trade Secrets] Tokyo District Court, 2014 (Wa) 1397, the Shoe Last case

[U.S. Patents] November 6, 2023, CAFC <ACTELION v. MYLAN> — Interpretation of Numerical Limitations and Rounding

[Design / Estoppel] Intellectual Property High Court, 2021 (Gyo-Ke) 10067 <Honda>

[Article] The Relationship Between ‘Confusion’ and ‘Business Interests’ Under Article 2(1)(i) of the Unfair Competition Prevention Act (Professor Hisayoshi Yokoyama)

[Article] Judicial Decisions on Infringement Warnings and Notification of False Facts Under the Unfair Competition Prevention Act (Patent Supplement, 2023; Professor Toshiya Kaneko)

IP High Court, Case No. 2025 (Gyo-ke) 10027

Article information

Updates and corrections

Intellectual property enquiries

Comments

Featured Posts

[IP Practice Online] “20 inventive-step issues, 3 min each” (Authors; supervisor: Hideki Takaishi)

[Article / Patents] Same patent and reference, but different novelty findings in IP High Court judgments by the same division on the same day (a trial-decision revocation action and an…

[Article / Patents] Double standards in inventive-step assessment (Hideki Takaishi, Patent, June 2024)

[IP Practice Online] Introduction of important patent judgments newly included in "Patent Case Law Encyclopedia, 4th edition" (Chizai Juku)

Recent Posts

Tokyo District Court, 2013 (Wa) 33070 [Agricultural-Produce Sorting Apparatus] <Hasegawa>

[Article] Supplementing Unfair-Competition Protection Through Civil Code Tort Law (Patent Supplement, 2023; Professor Tatsuhiro Ueno)

[Unfair Competition Prevention Act / Trade Secrets] Tokyo District Court, 2014 (Wa) 1397, the Shoe Last case

[U.S. Patents] November 6, 2023, CAFC <ACTELION v. MYLAN> — Interpretation of Numerical Limitations and Rounding

[Design / Estoppel] Intellectual Property High Court, 2021 (Gyo-Ke) 10067 <Honda>

[Article] The Relationship Between ‘Confusion’ and ‘Business Interests’ Under Article 2(1)(i) of the Unfair Competition Prevention Act (Professor Hisayoshi Yokoyama)

[Article] Judicial Decisions on Infringement Warnings and Notification of False Facts Under the Unfair Competition Prevention Act (Patent Supplement, 2023; Professor Toshiya Kaneko)

Tokyo District Court, 2012 (Wa) 12351 [Rice Cake]

Intellectual Property High Court, 2021 (Ne) 10088 and 2022 (Ne) 10014 [Information Communication Unit]

[Trademark / Contract] Osaka District Court, 1996 (Wa) 6700 — Abuse of the right to terminate

Archive

Search by Tags

Follow Us

Article information

Related articles and decisions

Updates and corrections

Intellectual property enquiries

Comments

Featured Posts

[IP Practice Online] “20 inventive-step issues, 3 min each” (Authors; supervisor: Hideki Takaishi)

[Article / Patents] Same patent and reference, but different novelty findings in IP High Court judgments by the same division on the same day (a trial-decision revocation action and an…

[Article / Patents] Double standards in inventive-step assessment (Hideki Takaishi, Patent, June 2024)

[IP Practice Online] Introduction of important patent judgments newly included in "Patent Case Law Encyclopedia, 4th edition" (Chizai Juku)

Recent Posts

Tokyo District Court, 2013 (Wa) 33070 [Agricultural-Produce Sorting Apparatus] <Hasegawa>

[Article] Supplementing Unfair-Competition Protection Through Civil Code Tort Law (Patent Supplement, 2023; Professor Tatsuhiro Ueno)

[Unfair Competition Prevention Act / Trade Secrets] Tokyo District Court, 2014 (Wa) 1397, the Shoe Last case

[U.S. Patents] November 6, 2023, CAFC <ACTELION v. MYLAN> — Interpretation of Numerical Limitations and Rounding

[Design / Estoppel] Intellectual Property High Court, 2021 (Gyo-Ke) 10067 <Honda>

[Article] The Relationship Between ‘Confusion’ and ‘Business Interests’ Under Article 2(1)(i) of the Unfair Competition Prevention Act (Professor Hisayoshi Yokoyama)

[Article] Judicial Decisions on Infringement Warnings and Notification of False Facts Under the Unfair Competition Prevention Act (Patent Supplement, 2023; Professor Toshiya Kaneko)

Tokyo District Court, 2012 (Wa) 12351 [Rice Cake]

Intellectual Property High Court, 2021 (Ne) 10088 and 2022 (Ne) 10014 [Information Communication Unit]

[Trademark / Contract] Osaka District Court, 1996 (Wa) 6700 — Abuse of the right to terminate

Archive

Search by Tags

Follow Us