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Saiko Saibansho Daiichi Sho Hotei

Hesei 18 (Ju) no. 826, 61 Saiko Saibansho Minji Hanreishu (Minshu) 2989 (2011)

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Saiko Saibansho Daiichi Sho Hotei

Japan Supreme Court First Petit Bench
Hesei 18 (Ju) no. 826, 61 Saiko Saibansho Minji Hanreishu (Minshu) 2989 (2011)

Facts

A company (the patent holder) (plaintiff) held a patent on ink cartridges, which were intended to be used once. Another company (the importing company) imported ink cartridges from a Chinese company that repurposed the patent holder’s ink cartridges by making them refillable. The patent holder brought suit against the importing company in the Japan Intellectual Property High Court, which found in favor of the patent holder. The importing company appealed to the Japan Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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Casebooks

Intellectual Property

Key Terms