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【PATENT★★】”FLUID FEEDING APPARATUS, …AND PROGRAM” Case: A case in which the Court denied the valid admission by the defendant with regard to whether the structure of the defendant’s product meets the constituent features of the Present Invention in the Answer submitted in the original case, and revoked the original decision which found that there are no disputes on the constituent features, finding that the structure of defendant’s product does not cause any problem to be solved by the Present Invention, and thus does not fall within the technical scope of the Present Invention (the defendant’s product does not literally satisfy the constituent features of the Present Invention).

January 31,2022

―Intellectual Property High Court Case No. 2020 (Ne) 10044 of June 28, 2021 (Presiding Judge Toshihiko TSURUOKA)―

 

◆Main text of the case

 

1. An excerpt from the decision

…[T]here were the following three problems…: (i) …when a prepaid card is inserted into a card reader/writer, the prepaid card cannot be seen from the outside, and therefore, after feeding of the oil is finished, the prepaid card is forgotten to have been inserted and likely to be left in the card reader/writer of an oil station… ([0005] ~ [0007])

If… [a storage medium of the Present Invention] is not a storage medium than can assume payment by a combination of “media custody [媒体預かり]” and “later withdrawals [後引落し]”, the three problems may not occur, and thus an effect of solving the problems is not considered to have been produced by the constituent features of the Present Invention. Therefore, any storage media that cannot assume payment by such a combination does not fall under the “storage medium” of the Present Invention.

…[A]n electronic money medium used for the defendant’s oil feeding apparatus does not have the three problems to be solved by the Present Invention, and thus it does not become a subject of the means to solve problems by the Present Invention; therefore, …the electronic money medium used for the defendant’s oil feeding apparatus does not fall under the “storage medium” of the Present Invention.

 
2. A modicum of consideration on this case

In this case, as the defendant admitted the structure of its product corresponding to Constituent Feature 1C of the Present Invention in the Answer filed in the original case, it cannot be denied, if literally interpreted, that an electronic money medium used for the defendant’s oil feeding apparatus is the so-called “storage medium”.

In this case, the Court interpreted a “storage medium” of Constituent Feature 1C of the Present Invention limitedly, and found that the defendant’s product does not literally satisfy the constituent features of the Present Invention, stating that “if…[a storage medium of the Present Invention] is not a storage medium than can assume payment by a combination of ‘media custody [媒体預かり]’ and ‘later withdrawals [後引落し]’, the three problems may not occur, and thus an effect of solving the problems is not considered to have been produced by the constituent features of the Present Invention; therefore, any storage media that cannot assume payment by such a combination does not fall under the ‘storage medium’ of the Present Invention.”

 

Writer: Hideki TAKAISHI

Supervising editor: Kazuhiko YOSHIDA

 

Contact information for inquiries: h_takaishi@nakapat.gr.jp

 

Hideki TAKAISHI

Attorney at Law & Patent Attorney

Nakamura & Partners

Room No.616, Shin-Tokyo Building,

3-3-1 Marunouchi, Chiyoda-ku,

Tokyo 100-8355, JAPAN

 
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