The IPHC published an English translation of a Ground Panel Case (2019(Ne)10003, Appeal Case of Seeking Injunction and Compensation against Patent Infringement).Source IPHC
[Title of the invention] METHOD AND DEVICE FOR FORMING AND DISTRIBUTING REAL TIME INTERACTIVE CONTENTS ON WIRELESS COMMUNICATION NETWORK AND INTERNET
Present Invention and Cited Invention differ from each other in that Present Invention sends “at least an identifier of a single receiver” in addition to the “expression of the second content”, whereas Cited Invention can select a “rank” in which the performer will participate by inputting the “rank” of a “performance group” (“Different Feature”). The issue is whether or not “at least an identifier of a single receiver” could have been easily conceived from “rank” of a “performance group”.
The court rescinded the JPO decision by stating that the JPO’s judgment on whether or not the Different Feature could have been easily conceived has an error.
[Title of the patent] “PROCESS FOR PACKAGING WINE IN ALUMINUM CANS”
[Key issue] Support requirement (Article 36, paragraph (6), item (i) of the Patent Act)
Court dismissed the Plaintiff’s claim for rescission, stating that the Invention cannot be acknowledged as conforming to the support requirement since it cannot be recognized from the description of the Detailed Description of the Invention and the common general technical knowledge as of the priority date that a person skilled in the art could recognize that the problem to be solved by the Invention could be solved over the whole numerical ranges of a chloride level of less than 300 ppm and a sulfate level of less than 800 ppm that were encompassed into the Invention.
[Title of the patent] “Application generation support system and application generation support program”
[Key issue] Inventive step (Article 29, paragraph (2) of the Patent Act)
Court stated in the decision that there is no motivation to apply the well-known art to the cited invention in view of the purpose thereof.Source IPHC