Distribution of Patented Products and ‘Safe Transactions’: Ricoh Case

Our legal counsel, Mr. Teruo Morimoto, posted an essay, “Distribution of Patented Products and ‘Safe Transactions’: Ricoh Case” in the March 2023 issue of “Patent”, the monthly journal of The Japan Patent Attorneys Association (JPAA). 

This essay reviews the differed judgements on the Ricoh case involving the issue of violation of the Antimonopoly Act as a defence against a claim of patent infringement, from a general viewpoint of civil law order and interests coordination, safety in transactions, inter alia, as embraced by the courts.  In the case, the Tokyo District Court allowed such defence, while the Intellectual Property High Court dismissed the same.

The Japanese language article is available at the following URL on the JPAA website.
https://jpaa-patent.info/patent/viewPdf/4155