Overview
- The Tokyo District Court on December 17 rejected Dainippon Jochugiku’s bid to halt manufacturing and sales of nine Osu Dake Nomat spray products.
- Presiding Judge Takahashi Aya ruled the patent’s scope was unclear because the specification omitted ways to confirm whether insecticide had adhered to treated surfaces, so infringement was not established.
- The decision concluded the patent should be deemed invalid for indefiniteness, leaving no enforceable right in this dispute.
- The asserted 2022 patent targets sprays that deposit insecticide on walls and ceilings for longer-lasting mosquito control rather than keeping particles airborne.
- Dainippon Jochugiku said it will appeal to the Intellectual Property High Court, while Earth Corporation welcomed the ruling as a fair recognition of its legitimacy.