Case Summary•••

PonyDonkey

A patentee of an invention
regarding a roll paper(“Invention”)

Since October 11, 2022, Donkey
has been importing roll papers(“Defendant’s Product”) fromTurtle, a corporation in Country
B, and has been selling them incountry A.

Patent number: No. 20231017
Filing date:
April 1, 2005 (in Country A)
March 14, 2006 (in Country B)
Registration date:- March 31, 2008 (both Countries)

Pony filed a patent infringement lawsuit against Donkey on April 1, 2023.

Seeking injunction against the importation and sale ofthe Defendant’s Product.
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Article Packaging Device
Packaging Sheet
ArticleArticleArticleInput

Folded in Two

Completed

Heat Fusion2

Article Packaging Device
Brake Gear
Roll Holder

BrakeCore
Tube

Support
Shaft

Attachment to and Detachmentfrom Roll Holder

Winding ofPackaging
SheetRoll Paper
3Article Packaging Device
When the clockwise torque that causes the tension to act on
the roll paper to rotate is greater than the counterclockwise
torque that causes the braking force to prevent the roll paper
from rotating, the roll paper begins to rotate and willcontinue to rotate as long as the both torques are equal.
Packaging Sheet▲Clockwise Torque＝Brake Gear

Amount of Tension×

Clockwise TorqueDistance from Rotation Axis（r2）ｒ１＋

ｒ２

Roll Paper
BrakeTension

ｒ２Tension

Brake Force

Rotation Axis
Braking Force

CoreTube

ｒ１▼Counterclockwise Torque＝Amount of Braking Force×
Distance from Rotation Axis（r1）SupportShaft

Counterclockwise TorqueRoll Holder4

Article Packaging Device
When the packaging sheet is consumed and the outer diameter ofthe roll paper decreases,
clockwise torque decreases
because the distance (r3) from the rotation axis to theposition acting on the tension becomes shorter.
counterclockwise torque is constantTensionｒ３

because neither the brake position nor the braking forcechanges.

→In order for the roll paper to rotate, the tension must increase

ｒ１

as the outer diameter decreases.

＝In an attempt to rotate the roll paper, the supply roller draws
out the packaging sheet more strongly.

Braking Forceｒ１

If the tension becomes too large, the durability of thepackaging sheet will be exceeded, and the sheet will be cut.

ｒ３＋Braking
ForceTensionRotation Axis
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Article Packaging Device
Correct Outer
DiameterCorrect Outer
DiameterOuter Diameter
Detected by Sensor

Outer Diameter
Detected by Sensor

The correct outer diameter cannot be detected
due to the distortion of the roll paper.

6Article Packaging Device
ＬRoll Paper

Rotation Angleof Roll Paperrr

If the feed length L of the packaging
sheet during one rotation of the roll
paper is known, the circumference of theroll paper at that point can be known.
=The diameter (2r) at that point is known.
(L=2πr)Rotation Angleof Roll Holder
The roll holder and the core tube of the roll paper
are deviated and do not rotate integrally (idling).
→Deviation occurs between the rotation of theroll holder and the rotation of the roll paper.
→Even if the rotation angle of the rollholder is detected, the rotation angle of theroll paper cannot be accurately detected. 7

Problems of the Prior Art andPurpose of the Present Invention
Problems:

In order to draw out the packaging sheet with an appropriate tension,
it is necessary to apply a braking force according to the outerdiameter of the roll paper to the rotation of the roll holder.
A sensor that directly detects the outer diameter of the roll paper
cannot accurately detect the outer diameter due to factors such as
distortion of the outer shape of the roll paper.
A sensor that detects the rotation angle of the roll holder cannot
accurately detect the rotation angle of the roll paper due to therotational deviation between the roll holder and the core tube of theroll paper.

Purpose:In order to accurately detect the rotation angle of the roll paper, therotation angle of the roll paper itself is directly detected, and thebraking force applied to the roll holder on which the roll paper isattached is appropriately adjusted according to the outer diameter of8
the roll paper.

Claim of the PatentA
B

A roll paper used for an article packaging device,wherein the article packaging device,
comprising:B1 a rotatable roll holder to which the roll paper is detachably
attached;
B2 a feed roller drawing out a heat-sealable packaging sheet from theroll paper;
B3 a rotation angle sensor detecting a rotation angle of the roll paper;
B4 a sheet length measuring sensor measuring sheet feed length
drawn out from the roll paper; andB5 a brake applying a variable braking force to the roll holder,B6
is configured to adjust the braking force applying to the roll holder
based on the outer diameter of the roll paper calculated from the detectedsignals of the rotation angle sensor and the sheet length sensor, and9

Claim of the PatentC

wherein the roll paper,comprising:C1 a core tube, having magnetｓ, attachable to the roll holder;C2 a packaging sheet wound around the core tube; andC3
the magnets are disposed at respective positions detectable by therotation angle sensor when the core tube is attached to the rollholder.

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Claim of the Patent
Supply Roller

HopperHeating Roller
Sheet Length
Sensor

ArticlePackaging
DevicePackaging Sheet
Brake（Drawing of Brake Gearis omitted）

Roll Paper

Core Tube

Rotation Angle Sensor
Roll Holder

MagnetSupport Shaft

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What is “Exhaustion”"Exhaustion" means that the patentee is not allowed to exercise thepatent right over the patented product if it is lawfully distributed by thepatentee or the licensee, even if there is an act equivalent to the act ofworking the patented invention (use, resale, etc.).

Patentee

Patented Product

Payment

Payment[Assignment][Assignment]

Patented Product
Exercise of
Patent right[Use]

Patented ProductWhat is “Exhaustion”“International Exhaustion” means that the patentee is not allowed toexercise the patent right over the patented product in Country A if it islawfully distributed by the patentee or the licensee in the foreign country(Country B), even if there is an act equivalent to the act of working thepatented invention (import etc.) in Country A.
Country B
Corresponding
Patent Right[Assignment]

Licensee
Patentee[Export]Border
[Import]Exercise ofPatent rightCountry A
Patent Right13PonyCountry B(CorrespondingPatent Right)

Fact of the CaseCore tube

TurtleUser

Use（a wholly owned
subsidiary of Donkey)

Collect

ModifyManufacture/sell

Defendant’sProductPlaintiff’s Roll Paper

Collie(a wholly owned
subsidiary of Pony)

BorderGrant a license on theCorresponding Patent
Right in Country B

UserPonyCountry A(Patent Right)

ImportPonySellSell

Donkey14

Defendant’s ProductTurtle winds a packaging
sheet on the used coretube.
Packaging Sheet
Core tube

A used core tube of theRoll Paper
manufactured and soldby Collie

MagnetMagnet15

Arguments
PonyDonkey

International Exhaustion

International Exhaustion

International Exhaustion cannot
be affirmed in any aspect.

International Exhaustion can beaffirmed under certain requirements.
Here in this case, such requirements
are satisfied.

Modification or Replacement ofComponents, etc.

Modification or Replacement ofComponents, etc.

The Defendant’s Product became theproduct losing the identity of the productby winding the packaging sheet aroundthe used core tube.

Winding the packaging sheet around theused core tube is only an act of
replacement of a consumable component.
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