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Saiko Saibansho Daisan Sho Hotei

Heisei 10 (O) no. 364, 54 Saiko Saibansho Minji Hanreishu (Minshu) 1368 (“Kilby III”) (2000)

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Saiko Saibansho Daisan Sho Hotei

Japan Supreme Court Third Petit Bench
Heisei 10 (O) no. 364, 54 Saiko Saibansho Minji Hanreishu (Minshu) 1368 (“Kilby III”) (2000)

Facts

Texas Instruments Inc. (plaintiff) held a Japanese patent (the Kilby patent) on semiconductor devices. The Kilby patent was based on a 1971 derivative application stemming from a 1964 application (the original application). The original application had been denied on the ground of obviousness. Fujitsu Ltd. (defendant) was a Japanese company that manufactured and sold semiconductors of its own. Texas Instruments brought an infringement action against Fujitsu in the Japanese court system, seeking an injunction. The court ruled in favor of Fujitsu, finding that the invention claimed in the Kilby patent was substantially the same invention claimed by the original application and previously rejected for obviousness. Texas Instruments appealed to the Japanese Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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