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The Intellectual Property High Court Uphold the decision made by Osaka District Court in Heisei 29 (wa) Case No. 10716
In Reiwa 3 (Ne) Case No. 10029 (October 13, 2021), the Intellectual Property High Court dismissed the appeal of the defendant, upholding the original decision given by the Osaka District Court in Heisei 29 (Wa) Case No. 10716 (See Our Insight of Sep. 07, 2021). Earlier, in February 2021, the District Court gave the decision that the defendant had directly infringed the patent No.5330032 claiming a method for installing a handrail, even though the defendant had performed only some, and not all, of the several steps recited by the method claim of the patent (The remaining steps were performed by another party using the defendant’s product and following the defendant’s instructions). The IP High Court has now upheld this decision.