Tokyo District Court, 2021 (Wa) 18262 [Women's Clothing] <Kokubu>
更新日：6 時間前
Article information
Article type: Case note
Category: Patents
Topics: —
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2024-07-20 (Japan time). Full English translation.
Tokyo District Court, 2021 (Wa) 18262 [Women's Clothing] <Kokubu>
*The sixth edition of Kojien lists two meanings for “tomoni”: (1) “as one; together; in company; likewise,” and (2) “simultaneously.”
⇒ The defendant (alleged infringer) argued that, where Kojien lists two meanings, the first is the more common. This was rejected, and the court construed “tomoni” in the patented invention as meaning (2), “simultaneously.”
⇒ Claim limitation satisfied (patentee prevailed)
“There is insufficient evidence to find that the sixth edition of Kojien adopted an editorial policy of listing widely used general meanings first. Moreover, …the specific examples of ‘connecting members’ in the specification … are incompatible with the defendant's … interpretation….”
(Excerpt from the court's reasoning)
Regarding “tomoni” in claim element D, the defendant argues that, because dictionaries list meanings beginning with those widely used in general, the term should … mean “as one; together; in company; likewise,” the first meaning listed in the sixth edition of Kojien. However, the order in which meanings are given priority is considered to depend on each dictionary's editorial policy, and …there is insufficient evidence to find that the sixth edition of Kojien adopted a policy of listing widely used general meanings first. Moreover, …none of the specific examples of “connecting members” in the specification permit adjustment of the connection width unless the connection between the connecting members is released, and thus they are incompatible with the defendant's proposed interpretation of “tomoni”….
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November 1, 2026: First published on this website.
November 2, 2026: Added article information, classification, topics, language navigation, related articles where the same case was confirmed, consultation guidance, and SEO. The original text and first-published date were preserved.
