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[IP Case Summary: Japan-Patent]2019 (Gyo-Ke) No. 10117 – Intellectual Property High Court (December 3, 2020)

“Mechanical Parking Lot Apparatus, Method of Controlling the Mechanical Parking Lot Apparatus, and Method of Providing Safety Verifying Function for the Mechanical Parking Lot Apparatus” Overview: In a prior opposition procedure, the Board of Trial Examiners of the Japanese Patent Office (JPO) rejected a request for a correction of a patent on the grounds of …

[IP Case Summary: Japan-Patent] 2019 (Gyo-Ke) No. 10114 Intellectual Property High Court (September 24, 2020)

“Video Distribution System that Distributes Video Including Animation of a Character Object Generated Based on the Movement of an Actor, Video Distribution Method and Video Distribution Program” Overview: In this case, the Intellectual Property High Court (IP High Court) upheld a trial decision rendered by the Japanese Patent Office (JPO) on an appeal of a …

[IP Case Summary: Japan-Patent] 2019 (Gyo-Ke) No. 10129 – Intellectual Property High Court (July 29, 2020)

“Gas Appliance” Overview: The Intellectual Property High Court (IP High Court) holds a patent as valid over the prior art, upholding a prior trial decision. Main Issue: Whether gaps 1 and 2 in Plaintiff’s Evidence 1 are equivalent to the “opening” claimed in the defendant’s patent. Summary of Conclusion: The claim at issue concerns a …

[IP Case Summary: Japan-Patent] 2019 (Gyo-Ke) No. 10085-Intellectual Property High Court, June 4, 2020

 “Server Apparatus, Method of Controlling the Same, Program, and Game System Overview: The Intellectual Property High Court (IP High Court) overrules a prior decision to invalidate a patent for lack of an inventive step. Main Issue: Determination of “ease of conception” for resolving a difference with the prior art. Summary of Conclusion: It was established …

[IP Case Summary: Japan-Patent]2019 (Gyo Ke) No. 10031 (Intellectual Property High Court – January 28, 2020)

“WELDED STEEL PIPE FOR LINE PIPE WITH EXCELLENT LOW-TEMPERATURE TOUGHNESS, AND METHOD OF MANUFACTURING THE SAME” Overview: In an appeal against an Examiner’s rejection for lack of an inventive step, the court decided in favor of the applicant, holding that the claimed invention overcomes the cited reference. Legal Issue: Whether or not it would have …

[IP Case Summary: Japan – Patent] No. 2019 (Ne) 10005, Intellectual Property High Court (July 24, 2019)

“Spreader for osteotomy” Overview: In the prior instance, the Tokyo District Court found that the patent in question was infringed under the doctrine of equivalents. The case was appealed to the Intellectual Property High Court (IP High Court) which affirmed the prior instance judgment, on the grounds of literal infringement. Legal Issue: The case concerned …

[IP Case Summary: Japan – Patent] No. 2016 (Gyo-Ke) 10150, Intellectual Property High Court (May 31, 2017)

“Electric connector having multi-contact terminal” Overview: In trial decision, the Japanese Patent Office (JPO) rejected a correction to a patent on the grounds that the corrected claim does not meet the requirement of inventive step under the provision of Article 29(2) of the Patent Law, and that therefore a patent cannot be granted independently for …

[IP Case Summary: Japan – Patent] No. 2016 (Ne) 10100, Intellectual Property High Court (March 14, 2017)

“Electric fishing reel” case Overview: In this case, the court held that even if there are reasons for invalidating a patent, the patentee’s rights can not be restricted under Article 104-3(1) of the Patent Act when the following conditions are met: (i) a legitimate request for correction or request for trial for correction is filed …

[IP Case Summary: Japan – Patent] No. 2015 (Gyo-Ke) 10239, Intellectual Property High Court (December 26, 2016)

Re “Marine vessel” Overview: This case concerns the validity of a patent further to a correction made to a claim after issuance. In an appeal decision by the Japan Patent Office (JPO), the plaintiff (appellant of the invalidation trial) asserted that the correction to the patent brought a substantial change in light of the object …

[IP Case Summary: Japan – Patent] No. 2015 (Gyo-Ke) 10212, Intellectual Property High Court (October 12, 2016)

Re “Method for manufacturing mold” Overview: The plaintiff (petitioner of the invalidation trial) has asserted that the disclosure of the main cited document (“Exhibit 1”) includes an invention different from that which was recognized in the invalidation trial decision by the Japan Patent Office, and that therefore, the claimed subject matter lacks an inventive step in view of the …

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