The decision was set aside (defendant Nippon Information Development Co., Ltd.'s rights were invalidated). This is the 320th case in which the Intellectual Property High Court has ruled a right invalid.
The decision was set aside (defendant Nippon Information Development Co., Ltd.'s rights were invalidated).
This is the 320th case in which the Intellectual Property High Court has ruled a right invalid.
https://docs.google.com/spreadsheets/d/11RrzxivCt31uORzxAsB__RVVGXnReCwS/edit?usp=sharing&ouid=103290795915107156428&rtpof=true&sd=true
Japan Information Development Co., Ltd., the patent holder, was filed with an invalidation trial (Invalid 2017-800009) [Date of trial: August 21, 2017] by Legal Forms Center Co., Ltd., which is believed to be an interested party, but the Japan Patent Office's trial department ruled that the request for trial was invalid and maintained the patent.
Legal Forms Center Co., Ltd. was dissatisfied with this decision and filed a lawsuit with the Intellectual Property High Court.
The Intellectual Property High Court ruled that "1. the decision made by the Japan Patent Office on August 21, 2017, in the case of Invalidation No. 2017-800009 is revoked."
In the ruling, the court ruled that "there was a motivation to apply Patent No. 3 to the Patent No. 1, and the problem in question would be solved by applying the Patent No. 3 to the Patent No. 1." and allowed the appeal of the Legal Forms Center, Ltd.
The "Patent No. 1 invention" is (Patent Publication No. 2007-052379), and the "Patent No. 3 invention" is (Patent Publication No. 2009-244476).
At the examination stage of the Japan Patent Office, the examiner (Yoshida Eiichi) found the former (Patent Publication No. 2007-052379).
However, he did not find the latter (Patent Publication No. 2009-244476). The applicant only submitted a "Statement of Opinion" and did not submit a "Procedural Amendment."
Nevertheless, the examiner (Yoshida Eiichi) granted a "patent decision." Meanwhile, an invalidation trial (Invalidation 2017-800009 (1)) was filed by the Legal Forms Center LLC, which is believed to be an interested party.
Here, the Legal Forms Center LLC, the petitioner for the trial, listed "Patent 1 Invention" (JP Patent Publication No. 2007-052379), "Patent 3 Invention" (JP Patent Publication No. 2009-244476), and others.
However, the judges (Yoshimura Hisashi et al.) ruled that "the claims of this trial are unfounded," stating that "the reasons asserted by the petitioner and the method of evidence submitted by the petitioner cannot invalidate the patents for Patent Inventions 1 to 4," and that "the claims of this trial are unfounded," and the patent right was upheld.
However, as mentioned above, the Intellectual Property High Court ruled that "there was a motivation to apply Patent Invention 3 to Patent Invention 1, and the problem in this case would be solved by applying Patent Invention 3 to Patent Invention 1," and ruled that the patent was "invalid."
Here again, this proves that the research abilities of the JPO's examiners and the judgment abilities of the administrative judges are weak.
It is not acceptable to grant a patent based on a sloppy search by an examiner at the JPO's examination stage.
Therefore, we believe that the JPO should not have granted a patent to Nippon Information Development Co., Ltd. in the first place.
Here, I have listed the "FI" and "F-term" from the "Application Information" of this patent publication (JP Patent Publication No. 2016-177268) from the second sheet onwards in this Excel document.
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