Date of
Judgment: 18.02.2000
Issuing
Authority: Supreme Court
Level of
the Issuing Authority: Final Instance
Type of
Procedure: Judicial (Administrative)
Subject
Matter: Other
Main
text of the judgment (decision):
1. The jokoku appeal shall
be dismissed.
2. The jokoku appellant shall cover the costs of the
jokoku appeal
Reasons:
Concerning the First ground for the
jokoku appeal by the jokoku appellant attorneys, ISHII Seiichi, SAKURAI Syuhei,
YAMADA Toshiaki, KOSHIBA Fumio, ISAKA Mitsuaki, and CHIBA Taichi:
According to the record, the jokoku
appellee and two other companies (third parties in this case) brought action to revoke the patent owned by the jokoku appellants, and
the trial court decided that such a request cannot be made. Only the jokoku
appellee claims to revoke the trial decision.In this situation, the claim to
revoke the trial decision is correct because there is no reason to require all
parties who brought the original trial action to appeal. Therefore, the
argument made by the jokoku appellant cannot be considered.
Concerning the Second ground for the
jokoku appeal:
The decision made by the original
court regarding the point argued by the jokoku appellant in this jokoku appeal
should be correct considering the evidence raised in the original court. There
was no error in the procedure. The argument made by the jokoku appellant either
criticizes the admission of evidence and the recognition of the facts, which is
the special privilege of the original court, or argues that the decision by the
original court is based on the Jokoku Appelant’s
own views. Such an argument cannot be considered.
Accordingly, we unanimously decided as
the main text of the judgment.
(This translation is provisional and
subject to revision.)
（The copyright for this
English material was assigned to the Supreme Court of Japan by Institute of
Intellectual Property.）