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Saiko Saibansho Daisan Sho Hotei

Hesei 6 (O) no. 1083, 52 Saiko Saibansho Minji Hanreishu (Minshu) 113 (“Ball Spline Bearing III”) (1998)

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Saiko Saibansho Daisan Sho Hotei

Japan Supreme Court Third Petit Bench
Hesei 6 (O) no. 1083, 52 Saiko Saibansho Minji Hanreishu (Minshu) 113 (“Ball Spline Bearing III”) (1998)

Facts

THK K.K. (THK) (plaintiff) held a patent on a ball spline with a track groove to enable endless sliding. Tsubakimoto Seiko Co., Ltd. (defendant) made and sold a ball spline that performed the same function. THK brought an infringement action against Tsubakimoto Seiko in the Tokyo High Court. The court found that Tsubakimoto Seiko’s products used parts that were interchangeable with the invention claimed by THK’s patent and therefore fell within the technical scope of the patent claims, resulting in infringement. However, the parts in question were also in the public domain before the time of THK’s patent application. Tsubakimoto Seiko appealed to the Japanese Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Yukinobu, Itsuo, Hideo, Toshibumi, Toshihiro, J.J.)

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