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2021

Newsletter (No.9) April 2021

We are now introducing practical legal information on our homepage which especially focuses on Court Decisions related to IP rights.

http://www.nakapat.gr.jp/en/legal_updates_eng/

This Newsletter summarizes legal information updated in the latest one month.

*Patent

[Patent] IP Court Case No. 2018 (Ne) 10006 on September 11, 2019 (Presiding Judge Tsuruoka)

System Operating Method CaseCAPCOM Co., Ltd. v. Koei Tecmo Games Co., Ltd.; A case in which the judgement of IP court held that indirect infringement of method invention (Article 101, paragraph (4) of the Patent Act) includes an article working the patent invention in combination with other articles. It is not necessary to possess the article actually.

Patent★】Tokyo District Court Case No. 2018 (Wa) 13400; September 11, 2019 (Presiding Judge SATO)

“ANTENNA” Case: A case in which the Court found that the wording of the “cylindrical portion for power feeding” in the claims of the plaintiff’s patent is interpreted to mean that the cylindrical portion is actually used for power feeding, and that the defendant’s product is not found to fulfill the constituent feature of the plaintiff’s patented invention because the defendant’s product does not use the cylindrical portion “for power feeding”.

Patent★】IP High Court Case No. 2019 (Gyo-ke) 10095; March 12, 2020 (Presiding Judge TAKABE)

“METHOD FOR CRUSHING POLYCRYSTALLINE SILICON FRAGMENTS AND POLYCRYSTALLINE SILICON RODS” Case: A case in which the Court found that the measuring method for the “median particle size which is measured by mass” of the tungsten carbide particle is not described in the patent specification, and therefore, the invention fails to fulfill the clarity requirements.

[Patent] Tokyo District Court Case No. 2017 (Wa) 28189; January 17, 2020 (Presiding Judge Sato) Laminated Body of Sheet-like Objectswet tissue

Case: A case in which the court held that the products did not satisfy the claim recitation “approximately in a width of 1/2” when a deviation rate was larger than around 10% of “1/2” in consideration of the problem to be solved by the invention.

*Trademark

Trademark Act★】The Intellectual Property High Court Decision of September 16, 2020 (Case No. 2019 [Gyo-ke] 10170―Presiding Judge OTAKA)

A case in which the Court affirmed the Japan Patent Office’s decision which dismissed a request for an invalidation trial filed by the plaintiff against the defendant’s registered trademark which consists of the letters “BULLPULU TAPIOCA” and figures, and whose designated goods are “dairy products containing tapioca” etc. in Class 29 (the “Defendant’s Registered Trademark”), finding that the Defendant’s Registered Trademark is not similar to the plaintiff’s registered trademark which consists of the letters “STARBUCKS COFFEE” and figures, and whose designated goods are “coffee beverage” etc. in Class 30 (the “Plaintiff’s Registered Trademark”); and therefore, the Defendant’s Registered Trademark does not fall under Article 4, Paragraph 1, Item 11 of the Trademark Act, and further, the Defendant’s Registered Trademark is not likely to cause confusion in connection with the goods or services pertaining to the plaintiff’s business; and therefore, the Defendant’s Registered Trademark does not fall under Article 4, Paragraph 1, Item 15 of the Trademark Act.

*Others

Hidekazu NISHIMURA (Mr.), attorney at law, authored an article regarding leakage of personal information which was published in Practical Solutions to the 2020 Revision of the Act on the Protection of Personal Information.

Hideki Takaishi (Attorney at Law & Patent Attorney) (Publishing Manager)

Nakamura & Partners

Room No. 616, Shin-Tokyo Building, 3-3-1 Marunouchi, Chiyoda-ku,

E-mail: nakamura_and_partners---magazine@nakapat.gr.jp

*The content of this newsletter provides general information and is not legal advice.

*Nakamura & Partners was founded in 1914 and provides comprehensive IP-related services both domestically and internationally as an international IP law firm.

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