Tokyo District Court, Case No. 2024 (Wa) 70129
Updated: 4 hours ago
Article information
Categories: Patents
Topics: Proof of infringement / Litigation procedure
Published on this website: 2026-09-29
Tokyo District Court, Case No. 2024 (Wa) 70129
[Box-shaped vessel] (Presiding Judge Sugiura)
*The defendant denies involvement with the products at issue.
⇒ No "obligation to clarify the specific manner."
⇒ Claim requirements not satisfied due to insufficient proof.
The existence and locations of the "pH sensor" and "stock-solution supply device" in the products at issue are unknown.
Regarding Article 104-2 of the Patent Act (obligation to clarify the specific manner), the court held: "The defendant denies manufacturing and selling the defendant's products, which are box-shaped vessels, and also denies or disputes involvement with those products on the ground that its involvement is unclear. The only evidence supporting the defendant's manufacture, sale or involvement is the written statement in Exhibit Ko 8, and there is no objective evidence sufficient to establish it. In these circumstances, it cannot be said that 'its own acts,' whose specific manner the defendant must clarify under the above obligation, have themselves been identified."
(Quotations are translations.)
Originally posted on LinkedIn: https://www.linkedin.com/feed/update/urn:li:activity:7510142137032740864/
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