2016(Wa)4815 (January 20, 2020) “Oil-cooled screw compressor)” Case
Damages calculated by Article 102, paragraph (2) of the Patent Act
(Conclusion)
Damages calculated by Article 102, paragraph (2) of the Patent Act is partially (90%) deducted.
The degree of reduction is 90% in consideration of the fact that there is a qualitative difference in demand between the Defendant’s products and Plaintiff’s products.
Calculated damages is 1,300,000,000yen even after 90% deducted.
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>
https://www.courts.go.jp/ip/eng/assets/ip/eng/chizai_en/chizai_en-pdf-2963.pdf
