[Article / Patents] Same patent and reference, but different novelty findings in IP High Court judgments by the same division on the same day (a trial-decision revocation action and an…
更新日：10月14日
Article information
Article type: Publication review
Display and classification checked: 2026-09-30
Categories: Patents
Topics: Novelty / Patent corrections / Litigation procedure
Published on this website: 2026-09-29
[Article / Patents] Same patent and reference, but different novelty findings in IP High Court judgments by the same division on the same day (a trial-decision revocation action and an infringement action), with a correction-based rejoinder dismissed as untimely (Hideki Takaishi, Patent, March 2024)
The trial decision rejecting invalidation identified a difference: the invention’s “information provision apparatus” was a single apparatus, whereas the primary cited invention’s “learning and daily-life support system 1” included multiple apparatuses—a “learning and daily-life support server 2” and a “user terminal 3.” It therefore recognized novelty and inventive step.
In the invalidity defense in the infringement action, it was argued, from the first-instance stage, that only the primary cited invention’s “learning and daily-life support server 2,” rather than the “learning and daily-life support system 1” comprising that server and “user terminal 3,” corresponded to the claimed “information provision apparatus,” thereby turning the difference identified in the trial decision into a common feature.
As a result, the comparison treated the cited invention as also having an “information provision apparatus” consisting of a single apparatus. The difference identified in the trial decision disappeared, and novelty was denied.
Originally posted on LinkedIn: https://www.linkedin.com/feed/update/urn:li:activity:7510494949847568384/
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Updates and corrections
This log starts on 30 September 2026. Display and classification checks are distinct from a review of the legal analysis.
2026-09-30 — Presentation update: added the article type, this change log and a link to consultation options. The existing article text was preserved.
2026-10-01 | Name notation: changed Hu Chunfeng and Lin Jun to the verified Roman-letter forms Chunfeng Hu and Jun Lin in the English text and navigation. Names verified against their 2015 coauthored Patent article and the JPAA English contents. No change to legal analysis.
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