Tokyo District Court, Case No. 2024 (Wa) 70460
更新日:2 時間前
Article information
Categories: Patents
Topics: Claim interpretation / Doctrine of equivalents
Published on this website: 2026-09-29
Tokyo District Court, Case No. 2024 (Wa) 70460
[Widening structure for a shield tunnel] (Presiding Judge Nakajima)
*Claim requirements not satisfied (the doctrine of equivalents also not established).
In interpreting the claim wording "filling a temporary filling case with filling material," the court held that "temporary filling case" means a container to be "filled" with "filling material," while "filling material" means raw material for filling gaps or voids. The "temporary filling case" and "filling material" are therefore physically separate and independent members.
The protective piece of the product at issue is a single member integrated by welding, so it cannot be said to possess configurations corresponding to a "temporary filling case" and "filling material."
(Quoted wording is translated.)
Originally posted on LinkedIn: https://www.linkedin.com/feed/update/urn:li:activity:7510141686673498112/