[Patents / Damages] IP High Court Grand Panel, Reiwa 5 (Ne) 10040, “Breast augmentation composition”

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Article information

Article type: Case note

Display and classification checked: 2026-09-30

Categories: Patents

Topics: Damages

Published on this website: 2026-09-29

[Patents / Damages] IP High Court Grand Panel, Reiwa 5 (Ne) 10040, “Breast augmentation composition”

The court held that consumption tax is not added to damages under Article 102(3).

= Tokyo District Court, Reiwa 6 (Wa) 70333

≠ Reiwa 3 (Ne) 10037, “Remitch”

Excerpt from the holding (translation)

(3) Amount equivalent to consumption tax

“As stated in (1)(d) above, when calculating damages under Article 102(3) of the Act, comprehensively considering all the circumstances appearing in this case—including that an amount equivalent to consumption tax may be taken into account when setting a royalty—it is appropriate to set the amount at 8% of the sales revenue received by the appellee as consideration for the surgery at issue (the breast augmentation price). Accordingly, no need is recognized to take an amount equivalent to consumption tax into account additionally.”

https://lnkd.in/gap-E3cn

https://lnkd.in/gX348s7n

hanketsuzenbun-r5ne10040.pdf — courts.go.jp

Originally posted on LinkedIn: https://www.linkedin.com/feed/update/urn:li:activity:7510494207954927616/

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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.

2026-10-01 | Name notation: replaced verified Japanese-script personal names with Roman-letter forms in this English article and its navigation. Legal analysis and original publication date unchanged.

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2026-10-05: Related-article or topic-guide navigation updated.

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October 28, 2026 — HT: Corrected verified names, case references, court labels, wording or judgment links where applicable. Existing commentary and materials have been retained.