Osaka District Court, 2021 (Wa) 2873 [Apparatus for Dehairing Blocks of Edible Livestock Meat] — Damages: Noncompliance with a Document-Production Order
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: 2024-10-23 (Japan time). Full English translation.
Osaka District Court, 2021 (Wa) 2873 [Apparatus for Dehairing Blocks of Edible Livestock Meat]
A document-production order was issued to calculate damages under Patent Act Article 102(2), but the defendant did not produce the documents.
⇒ “Under the plaintiff's assertions, the profit margin on ten defendant machines would exceed 60%, which can hardly be called reasonable.”
⇒ The defendant's marginal profit rate was found to be approximately 31%.
★Document-production orders are rarely issued on claim-satisfaction issues.
★On damages, many document-production orders issue when defendants do not produce documents voluntarily.
⇒ Even if the defendant further disobeys the order and refuses production, the court may only deem the plaintiff's assertions true; as this case shows, the amount of damages asserted by the plaintiff is not necessarily awarded.
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