Osaka District Court, Reiwa 5 (Wa) 8403 [Ventilation structure beneath a coping] <Takemiya>
Updated: Oct 9
Article information
Article type: Case note
Categories: Patents
Topics: Claim interpretation
First published on this website: 2026-10-07
Display and classification checked: 2026-10-07
Osaka District Court, Reiwa 5 (Wa) 8403 [Ventilation structure beneath a coping] <Takemiya>
* For a person skilled in the art, the natural construction of “ventilation member” is that the member itself has “ventilation performance and waterproofing performance.” This is also consistent with the specification.
⇒ The claim element was not satisfied.
(Excerpt from the judgment, translated)
For a person skilled in the art, the natural construction of the “ventilation member” specified in claim element C is that at least the member itself must have “ventilation performance and waterproofing performance.” This is also consistent with the specification.
(b) The ventilation structure beneath a coping incorporating the defendant's product is outlined in item 2 of the attached “Drawings.” The plaintiff argues that inclined portion ⑤ corresponds to “a ventilation member that exhibits ventilation performance and waterproofing performance.” However, even if inclined portion ⑤ could qualify as something placed inside the “member beneath the coping” (first vertical portion ① through second horizontal portion ④), it is a plate made of Galvalume steel (the entire import of the oral argument), and inclined portion ⑤ itself cannot be found to have air permeability as a material. A certain space is secured between the upper part of inclined portion ⑤ and the first horizontal portion. Although that space may be regarded as a ventilation passage, it cannot be said to constitute the “ventilation member” (or part of it); the plaintiff, too, argues that inclined portion ⑤ corresponds to the “ventilation member.” The “ventilation member” therefore cannot be construed as having ventilation performance. Inclined portion ⑤ provides a blocking function (waterproofing performance) through its shape, including its inclination, and clearly narrows the area through which air can pass. It cannot be found to exhibit ventilation performance as a “ventilation member.”
Accordingly, the ventilation structure beneath a coping incorporating the defendant's product does not satisfy the “ventilation member that exhibits ventilation performance ...” in claim element C.
https://lnkd.in/g5qdZQcU
Original article (2025-11-10):
https://lnkd.in/gTveZbQt
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2026-10-07: First published from the original LinkedIn post; categories, article information, and consultation navigation added.
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