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Osaka District Court, 2021 (Wa) 2873 [Apparatus for Dehairing Blocks of Edible Livestock Meat] — Damages: Noncompliance with a Document-Production Order

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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.



Update history

The first-published date remains unchanged. Display maintenance, classification changes, related-article updates, and text corrections are recorded separately.

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.

 
 
 
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