Judgment rendered on February 20, 2020. Original was received on the same date by
the court clerk.
2018 (Wa) 3226, Case of appeal for injunction against patent infringement, etc.
Date of conclusion of oral argument: December 6, 2019
Judgment
Parties to this case: As stated in the Attachment "List of Parties"
Main text
1. All of the Plaintiff's claims shall be dismissed.
2. The Plaintiff shall bear the court costs.
Facts and reasonsNo. 1 Claim
1. The Defendant shall not manufacture, sell, export, or offer to sell the massage
machine stated in 1. of Attachment "List of Articles."2. The Defendant shall not manufacture, sell or offer to sell the massage machines statedin 2. through 12. of Attachment "List of Articles."3. The Defendant shall dispose of the massage machines stated in 1. through 12. ofAttachment "List of Articles."4. The Defendant shall pay to the Plaintiff 1.5 billion yen and the amount accrued
thereon at the rate of 5% per annum for the period from April 26, 2018 until thecompletion of the payment.
No. 2 Outline of the caseIn this case, the Plaintiff, who has [i] the patent right related to an invention titled"chair-type treatment apparatus" (Patent No. 4504690; hereinafter the relevant patentright is referred to as "Patent Right A" and the patent related thereto is referred to as"Patent A"); [ii] the patent right related to an invention titled "chair-type massage
machine" (Patent No. 5162718; hereinafter the relevant patent right is referred to as"Patent Right B" and the patent related thereto is referred to as "Patent B"); and [iii] thepatent right related to an invention titled "chair-type massage machine" (Patent No.
4866978; hereinafter the relevant patent right is referred to as "Patent Right C" and thepatent related thereto is referred to as "Patent C"; and Patent Rights A through C arecollectively referred to as the "Patent Rights"), alleged, concerning the massage
machines stated in 1. through 12. of Attachment "List of Articles" manufactured, soldor otherwise handled by the Defendant (hereinafter the massage machines are referred
to as "Defendant's Product 1," etc. in the order of the number in the List of Articles andthey are collectively referred to as "Defendant's Products"), that Defendant's Products
1 through 8 fall within the technical scope of an invention related to Claim 1 of Patent1A (hereinafter referred to as "Invention A"), Defendant's Products 1 through 5 and 8
through 12 fall within the technical scope of inventions related to Claims 1 and 2 ofPatent B (hereinafter referred to as "Invention B-1," etc. in the order of the number inthe patent claims; and they are collectively referred to as "Inventions B"), andDefendant's Products 1 and 2 fall within the technical scope of inventions related to
Claims 1 through 5 of Patent C (hereinafter the inventions are referred to as "Invention
C-1," etc. in the order of the number of the patent claims; and they are collectively
referred to as "Inventions C"), respectively, and the Plaintiff made the following claims.
1. Claims for injunction and disposal(1) Claims based on Patent Right A
A. Claims for injunction(A) Claim for injunction against the manufacture, sale, export, and offer to sell of
Defendant's Product 1(B) Claim for injunction against the manufacture, sale, and offer to sell of Defendant's
Products 2 through 8
B. Claim for disposal
Claim for disposal of Defendant's Products 1 through 8(2) Claims based on Patent Right B
A. Claims for injunction(A) Claim for injunction against the manufacture, sale, export, and offer to sell of
Defendant's Product 1(B) Claim for injunction against

the manufacture, sale, and offer to sell of Defendant's

Products 2 through 5 and 8 through 12
B. Claim for disposal
Claim for disposal of Defendant's Products 1 through 5 and 8 through 12(3) Claims based on Patent Right C
A. Claims for injunction(A) Claim for injunction against the manufacture, sale, export, and offer to sell of
Defendant's Product 1(B) Claim for injunction against the manufacture, sale, and offer to sell of Defendant's
Product 2
B. Claim for disposal
Claim for disposal of Defendant's Products 1 and 2
2. Claim for compensation for damages
Claim for payment of 1.5 billion yen, which is part of compensation for damages
based on a tort related to infringement of the Patent Rights concerning the manufacture,2

sale, etc. of the Defendant's Products by the Defendant and payment of delay damages
accrued thereon at the rate of 5% per annum as prescribed by the Civil Code from April
26, 2018 (the day following the day on which the complaint was served) until thecompletion of the payment.
No. 3 Related to Patent Right A
The facts and reasons for the claims related to Patent Right A filed by the Plaintiff
are as stated in Attachment "Facts and Reasons for the Claims Related to Patent RightA."
No. 4 Related to Patent Right B
The facts and reasons for the claims related to Patent Right B filed by the Plaintiff
are as stated in Attachment "Facts and Reasons for the Claims related to Patent RightB."
No. 5 Related to Patent Right C
The facts and reasons for the claims related to Patent Right C filed by the Plaintiff
are as stated in Attachment "Facts and Reasons for the Claims related to Patent RightC."
No. 6 Conclusion
Consequently, all of the Plaintiff's claims are groundless, and therefore, they are
dismissed, and the judgment is rendered as indicated in the main text.
Osaka District Court, 26th Civil Division
Presiding judge: SUGIURA Masaki
Judge: NOGAMI Seiichi
Judge: DAIMON Koichiro

3

(Attachment)
List of Parties
Plaintiff: Fuji Medical Instruments Mfg. Co., Ltd.
Counsel of the Plaintiff, attorney at law: SHIGETOMI Takamitsu
Counsel of the Plaintiff, attorney at law: FURUSHO Toshiya
Counsel of the Plaintiff, attorney at law: ISHIZU ShinjiCounsel of the Plaintiff, attorney at law: TESHIROGI Kei
Counsel of the Plaintiff, attorney at law: TOMIDA ShioriCounsel of the Plaintiff, attorney at law: SUGINO Ayaka
Counsel of the Plaintiff, attorney at law: TSUJIMOTO Kiyoshi
Counsel of the Plaintiff, attorney at law: TSUJIMOTO YoshitomoCounsel of the Plaintiff, attorney at law: MATSUDA Satomi
Assistant in court of the Plaintiff, patent attorney: MARUYAMA Hideyuki
Defendant: Family Inada Co., Ltd.
Counsel of the Defendant, attorney at law: MIYAMA ShunjiCounsel of the Defendant, attorney at law: YAGURA Yuta
Counsel of the Defendant, attorney at law: SHIOTA YoichiroCounsel of the Defendant, patent attorney: KITAMURA ShuichiroCounsel of the Defendant, patent attorney: MORI ToshinariCounsel of the Defendant, patent attorney: HONDA Megumi

4

(Attachment)
List of Articles
1. Product: INADA DREAMWAVE
Model: HCP-11001
2. Product: Family Medical Chair SOGNO
Model: FMC-10000
3. Product: Family Medical Chair Lupinus
Model: FMC-LPN10000
4. Product: Family Medical Chair Double Engine Universal
Model: FMC-WU100
5. Product: Family Medical Chair 3S Takumi
Model: FMC-S8100
6. Product: Family Inada Chair Yume Robo
Model: FIC-R100
7. Product: Family Medical Chair 3A
Model: FMC-9200
8. Product: Family Medical Chair X.1
Model: FMC-730
9. Product: Family Medical Chair 3S
Model: FMC-S330
10. Product: Family Medical Chair S-Body
Model: FDX-S300
11. Product: Family Medical Chair Necessa
Model: FMC-N230
12. Product: Family Medical Chair Lupinus Light
Model: FMC-LPN9000

5(Attachment)
Facts and Reasons for the Claims Related to Patent Right A
No. 1 Basic facts (Facts that are easily found based on the evidence and the entire importof oral arguments; when listing documentary evidence in this judgment, the indicationof branch numbers may be omitted when all branch numbers are included.)
1. Patent Right A
Patent No. 4504690
Invention title: Chair-type treatment apparatus
Application date: January 15, 2004
Registration date: April 30, 2010
Claims: As stated in Attachment "Patent Gazette"
The statements in the description and drawings attached to the application for Patent A(hereinafter collectively referred to as "Description A") are as stated in the
aforementioned attachment.
2. Division of constituent features
The constituent features of Invention A are divided as stated in Attachment "List ofConstituent Features of Invention A."
3. Acts of the Defendant
Out of Defendant's Products 1 through 8, the Defendant has implemented any of the
manufacture, sale, export, or offer to sell of Defendant's Product 1 and the manufactureand sale of Defendant's Products 2 through 8 after registration of Patent Right A(however, there are disputes between the parties concerning the start time of the
manufacture, sale, etc. of Defendant's Products 1, 3, and 8 and other points).
4. Issues(1) Issues unique to the claims related to Patent Right A
A. Whether the Defendant's Products fall within the technical scope (Issue 1)
B. Existence of grounds for invalidation (Whether it lacks novelty; Issue 2)(2) Issues common to the claims related to Patent Rights B and C
Amount of damages (Issue 3)
No. 2 Allegations of the parties related to the issues
1. Issue 1 (Whether Defendant's Products fall within the technical scope)(Allegation of the Plaintiff)(1) Structures of Defendant's Products 1 through 8 and fulfillment of constituent
features of Invention A
A. Structures of Defendant's Products 1 and 2 are as stated in Attachment "List ofStructures of Defendant's Products 1 and 2 (Allegation of the Plaintiff)" (it is not6necessary to consider differences in the structures of Defendant's Products 1 and 2 aslong as fulfillment of the constituent features of Invention A is examined).
Structures of Defendant's Products 3, 5 and 8 are as stated in Attachment "List ofStructures of Defendant's Products 3, 5 and 8 (Allegation of the Plaintiff)" (it is notnecessary to consider differences in the structures of Defendant's Products 3, 5 and 8 aslong as fulfillment of the constituent features of Invention A is examined).
Structures of Defendant's Products 4, 6 and 7 are as stated in Attachment "List ofStructures of Defendant's Products 4, 6 and 7 (Allegation of the Plaintiff)" (it is notnecessary to consider differences in the structures of Defendant's Products 4, 6 and 7 aslong as fulfillment of the constituent features of Invention A is examined).
B. Based on the above, the structures of Defendant's Products 1 through 8 fulfill all
constituent features of Invention A. Concrete details are as stated in (2) below.
(2) Specific allegations
A. Fulfillment of "hip airbag" (Constituent Features [B] and [E])(A) Meaning
In the claims related to Invention A, the "hip airbag" is specified as an item "to givea massage to the hips" (Constituent Feature [B]). Therefore, it is sufficient to understandthat the "hip airbag" literally means an airbag for massaging the hips. There are nostatements and drawings in Description A that suggest the meaning of the "hip airbag"
different from the above.
(B) Structures of Defendant's Products 1 through 8
All of Defendant's Products 1 through 8 have a hip airbag for massaging the hips.
(C) Summary
Consequently, all of Defendant's Products 1 through 8 fulfill the "hip airbag"(Constituent Features [B] and [E]).
B. Fulfillment of "waist treatment element" (Constituent Features [C] and [E])(A) Meaning
The claims related to Invention A have no statements related to whether the "waist
treatment element" can be moved, in addition to the statement that the element isprovided on the backrest. The same applies to the statements in Description A
concerning the problems of Invention A, themeans to solve the problems, and theeffects of the inventions. In addition, Description A states the problem in cases where awaist airbag is fixed ([0003]). This is only a statement as an example to indicate theproblems of Invention A.
Therefore, the "waist treatment element" (Constituent Features [C] and [E]) is only
required to be a waist treatment element and does not have to be fixed.
7

(B) Structures of Defendant's Products 1 through 8
All of Defendant's Products 1 through 8 are provided with waist air bags or kneadingballs to give treatment to the waist.
(C) Summary
Consequently, all of Defendant's Products 1 through 8 fulfill the "waist treatment
element" (Constituent Features [C] and [E]).
C. Fulfillment of "including a control means that activates the waist treatment element
when giving treatment to a user's waist, by inflating the hip airbag while graduallyraising the height of a user's waist" (Constituent Feature [E])(A) Meaning
The claims related to Invention A have a statement "by inflating the hip airbag while
gradually raising the height of a user's waist" (Constituent Feature [E]); however, thedegree of raising the height of a user's waist position and the air supply method are notstipulated.
Concerning a user's waist height position, Description A also has no statement inwhich the degree of raising the height of a user's waist position and the function andeffect of Invention A are related. On the other hand, there are statements concerning the
air supply method and timing as a working example; however, they are not limited tothe content of said statements.
Based on the above, the phrase "by inflating the hip airbag while gradually raising
the height of a user's waist" means that the spatial location of a user's waist graduallychanges upward by the inflation of the hip airbag and the degree of changes in a user's
waist height position does not matter and there is no limitation on the method of
supplying air to the airbag.
(B) Structures of Defendant's Products 1 through 8
a. Defendant's Products 1 and 2
Concerning Defendant's Product 1, as shown in Attachment "Comparison
Photographs of the Movement Related to Constituent Feature [E] in Defendant's
Product 1 Before and After Activation," before activation of the movement related toConstituent Feature [E], the red laser beam is located around the top of the mark affixed
on the waist of a dummy, which is deemed to be a "user," whereas, during activation,
the laser beam is located around the bottom of the mark affixed on the dummy's waist.
While the waist position is being raised as above, a waist airbag, which corresponds tothe waist treatment element, inflates and gives a massage to a user's waist and thesurrounding area.
Since Defendant's Product 2 has the same structure as Defendant's Product 1, the8aforementioned movement is activated as is the case with Defendant's Product 1.
b. Defendant's Product 3
Concerning Defendant's Product 3, as shown in Attachment "Comparison
Photographs of the Movement Related to Constituent Feature [E] in Defendant's
Product 3 Before and After Activation," before activation of the movement related toConstituent Feature [E], the red laser beam is located near the top of the mark affixed
on the waist of a dummy, which is deemed to be a "user," whereas, during the activation,
the laser beam is located lower than the mark affixed on the dummy's waist. While thewaist position is being raised as above, the waist treatment element gives a massage toa user's waist and the surrounding area.
c. Defendant's Product 5
Concerning Defendant's Product 5, as shown in Attachment "Comparison
Photographs of the Movement Related to Constituent Feature [E] in Defendant's
Product 5 Before and After Activation," before activation of the movement related toConstituent Feature [E], the red laser beam is located at the top of the mark affixed on
the waist of a dummy, which is deemed to be a "user," whereas, during activation, thelaser beam is located lower than the mark affixed on the dummy's waist. While the waist
position is being raised as above, the waist treatment element gives a massage to a user's
waist and the surrounding area.
d. Defendant's Product 6
Concerning Defendant's Product 6, as shown in Attachment "Comparison
Photographs of the Movement related to Constituent Feature [E] in Defendant's Product6 Before and After Activation," before activation of the movement related toConstituent Feature [E], the red laser beam is located near the top of the mark affixed
on the waist of a dummy, which is deemed to be a "user," whereas, during activation,
the laser beam is located at the center of the mark affixed on the dummy's waist. While
the waist position is being raised as above, the waist treatment element gives a massage
to a user's waist and the surrounding area.
e. Defendant's Product 7
Concerning Defendant's Product 7, as shown in Attachment "Comparison
Photographs of the Movement Related to Constituent Feature [E] in Defendant's
Product 7 Before and After Activation," before activation of the movement related toConstituent Feature [E], the red laser beam is located above the mark affixed on thewaist of a dummy, which is deemed to be a "user," whereas, during activation, the laser
beam is located over the mark affixed on the dummy's waist. While the waist position
is being raised as above, the waist treatment element gives a massage to a user's waist
9and the surrounding area.
f. Defendant's Product 8
Concerning Defendant's Product 8, as shown in Attachment "Comparison
Photographs of the Movement related to Constituent Feature [E] in Defendant's Product8 Before and After Activation," before activation of the movement related toConstituent Feature [E], the red laser beam is located at the top of the mark affixed on
the waist of a dummy, which is deemed to be a "user," whereas, during activation, thelaser beam is located at the lower part of the mark affixed on the dummy's waist. While
the waist position is being raised, the waist treatment element gives a massage to auser's waist and the surrounding area by performing tapping to the waist.
(C) Summary
Consequently, all of Defendant's Products 1 through 8 fulfill "including a control
means that activates the waist treatment element when giving treatment to a user's waist,by inflating the hip airbag while gradually raising the height of a user's waist"(Constituent Feature [E]).
D. Fulfillment of "the seat unit has at least a hip airbag among a thigh airbag for
massaging the thighs and a hip airbag for massaging the hips" (Constituent Features[B])(A) Meaning
As the claims of Invention A have a statement "has at least a hip airbag," a "a thighairbag" is not an essential component of Invention A. In addition, the claims only statethat the "thigh airbag" has the function to give a massage to the thighs, but there is nostatement related to interlocking or simultaneous control with the "hip airbag." Looking
at the statements in Description A, it is not scheduled that the "thigh airbag" iscontrolled simultaneously with the "hip airbag."
Therefore, the "thigh airbag" is not an essential component of Invention A. Even if
the "thigh airbag" is provided, the "thigh airbag" is only required to give a massage tothe thighs and it is not required that both the "thigh airbag" and "hip airbag" arecontrolled simultaneously.
(B) Summary
Defendant's Products 1 through 8 contain products that are provided with a thighairbag (Defendant's Products 1 through 3, 5, and 8) and products that are not provided
with a thigh airbag (Defendant's Products 4, 6, and 7). As mentioned in A. above, since
all of them are provided with "at least a hip airbag," Defendant's Products 1 through 8
fulfill "the seat unit has at least a hip airbag among a thigh airbag for massaging thethighs and a hip airbag for massaging the hips" (Constituent Features [B]) .
10

(Allegation of the Defendant)(1) Structures of Defendant's Products 1 through 8 and non-fulfillment of constituent
features of Invention A
When examining the fulfillment of constituent features of Invention A, it isnecessary to consider differences in the structures of Defendant's Products 1 through 8.
In consideration of the aforementioned points, none of Defendant's Products 1
through 8 fulfill all constituent features of Invention A. Concrete details are as statedin (2) below.
(2) Specific allegations
A. Non-fulfillment of "hip airbag" (Constituent Features [B] and [E])(A) Meaning
The claims related to Invention A have statements concerning a "hip airbag" suchas "a hip airbag for massaging the hips" (Constituent Feature [B]) and "when givi ng
treatment to a user's waist by inflating the hip airbag while gradually raising the heightof a user's waist" (Constituent Feature [E]). For this reason, a "hip airbag" is construed
to give a massage to the hips and to have the function of gradually rai sing the height ofa user's waist when giving treatment to a user's waist by being inflated.
In addition, according to the statements in Description A, based on the problem thatsince the waist airbag is fixed on the backrest, a user cannot fully receive a massage tothe intended part of his/her waist, Invention A intends to give an effective massage to auser's waist by adjusting the height of a user's waist position by inflating the hip airbag
when a user receive a massage to his/her waist.
Based on the above, the "hip airbag" (Constituent Features [B] and [E]) is required
to have a structure wherein, when giving treatment to a user's waist, it gives a massage
to a user's hips, inflates in the direction to push up a user, and can raise the height of auser's waist position.
(B) Structures of Defendant's Products 1 through 8
a. Defendant's Products 1 and 2
Defendant's Products 1 and 2 have a seat reverse side airbag. Even if the seat reverse
side airbag inflates, a user's body is only sandwiched between the seat reverse side
airbag and the waist airbag and it does not gradually raise the height of a user's waist
position.
b. Defendant's Product 3
Defendant's Product 3 is provided with seat reverse side airbags that are separated
to the right and left. Since the right and left seat reverse side airbags inflate one by one,a user's whole-body is not raised even when they inflate. Therefore, the height of a11

user's waist position does not change.
c. Defendant's Product 4
Defendant's Product 4 has an airbag on the seat surface to give a massage to thehips. It inflates in a manner to sandwich a user from both sides. Therefore, even if it
inflates, the height of a user's waist position is not raised. In addition, since the reclining
backrest is flat at the start of a massage course and the direction to push up a user's
waist and the direction to push up the seat surface are the same, even if the airbag
inflates and pushes up the seat surface, the height of a user's waist position is not pushed
up in the direction of the body height.
d. Defendant's Product 5
Defendant's Product 5 is provided with an airbag to give a massage to the hips.
Since a user's legs are sandwiched from both sides by the inflation of the leg airbags,
even if a user's body is pushed up from the back side of the seat surface, it will behindered. In addition, Defendant's Product 5 is also provided with seat surface leg
airbags. Even if a user's body is pushed up from the back side of the seat surface, it will
be hindered as the seat surface leg airbags inflate and sandwich a user's body from bothsides. As a result, Defendant's Product 5 does not raise the height of a user's waist
position.
e. Defendant's Products 6 and 7
Both Defendant's Products 6 and 7 have airbags on the seat unit separately on theright and left with a distance so that a user's hips are placed between them. Since theright and left airbags inflate separately and independently in a manner to sandwich auser, even if they inflate, they do not raise the height of a user's waist position. In
addition, since the reclining backrest is flat at the start of a massage course and the
direction to push up a user's waist and the direction to push up the seat surface are thesame, even if the airbags inflate and push up the seat surface, the height of a user's waist
position is not pushed up in the direction of the body height.
f. Defendant's Product 8
Defendant's Product 8 has airbags separately on the right and left to massage a user's
hips. They inflate and deflate separately and independently. In addition, since thereclining backrest is flat at the start of a massage course and the direction to push up a
user's waist and the direction to push up the seat surface are the same, even if the airbags
inflate and push up the seat surface, the height of a user's waist position is not pushed
up in the direction of the body height.
(C) Summary
Consequently, none of Defendant's Products 1 through 8 fulfills the "hip airbag"
12

(Constituent Features [B] and [E]).
B. Non-fulfillment of "waist treatment element" (Constituent Features [C] and [E])(A) Meaning
In consideration of the statements in the claims of Invention A, based on theassumption that the "waist treatment element" is located at a fixed position on thebackrest and activates, Invention A intends to inflate the hip airbag, gradually raise theheight of a user's waist position, change the position of the "waist treatment element"
to give a massage to a user's waist, and thereby to give a full massage to the waist andsurrounding area while gradually lifting up a user.
In addition, in consideration of the statements in Description A, based on theassumption of the problem that since the waist airbag is fixed on the backrest, a user
cannot receive a full massage to the intended part of his/her waist, it is construed that
Invention A intends to give a full massage to the user's waist and surrounding area while
gradually lifting up a user by adjusting the height of a user's waist position by inflating
the hip airbag when he/she receives treatment to his/her waist. Description A also has
other statements based on the assumption that the "waist treatment element" is fixed on
the backrest ([0012], [0022], [0023], and [FIG.1]).
Based on the above, the "waist treatment element" (Constituent Feature [C] and [E])refers to the one located at a fixed position on the backrest and the one that can movein the body height direction does not fall under the "waist treatment element."(B) Structures of Defendant's Products 1 through 8
Defendant's Products 1 and 2 are provided with "airbags" and "kneading balls" as
waist treatment elements. The "airbags" do not move up and down; however, the"kneading balls" can move in the body height direction. Defendant's Products 1 and 2give a massage to the intended parts of a user's waist by matching the position of the"kneading balls" with a user's waist position. Therefore, it is not necessary from the
beginning to change the height of a user's waist position by inflating the "hip airbag."On the other hand, Defendant's Products 3 through 8 are provided with "kneadingballs" as waist treatment elements. Since "kneading balls" can be moved in a user's
body height direction, it not necessary from the beginning to change the height of auser's waist position by inflating the "hip airbag."
Based on the above, none of Defendant's Products 1 through 8 has the "waist
treatment element."(C) Summary
Consequently, none of Defendant's Products 1 through 8 fulfills the "waist treatment
element" (Constituent Features [C] and [E]).
13

C. Non-fulfillment of "including a control means that activates the waist treatment
element when giving treatment to a user's waist, by inflating the hip airbag while
gradually raising the height of a user's waist" (Constituent Feature [E])(A) Meaninga. According to the statements in the claims related to Invention A, the "hip airbag" hasa function to gradually raise the height of a user's waist position by being inflated whengiving treatment to a user's waist.
In addition, according to the statements of Description A, Invention A is "inflating
the hip airbag while gradually raising the height of a user's waist" by gradually
supplying compressed air into the hip airbag.
Then, "a control means that activates the waist treatment element when giving
treatment to a user's waist, by inflating the hip airbag while gradually raising the heightof a user's waist" does not include a means to switch a solenoid valve, which is to supply
air to the hip airbag, from the closed state to fully open state at once and to supply
compressed air into the airbag all at once.
b. In addition, according to the statements in Description A, Invention A is required tohave a structure wherein a user's waist is gradually raised by the inflation of the hip
airbag, while the waist airbag gives a massage evenly to a user's waist, and a user canreceive a full massage to the waist and surrounding areas.
Based on the above, "gradually raising the height of a user's waist" means to raise
the height of a user's waist to the extent that shows the function and effect of Invention
A.
(B) Structures of Defendant's Products 1 through 8
a. All of Defendant's Products 1 through 8 use a two-position, three-way selector
solenoid valve, which only opens and closes a solenoid valve, and are not designed toadjust the degree of opening of the valve with the expansion/contraction of the airbags.
b. Reliability of the test results performed by the Plaintiff (Exhibits Ko A1 through A10)
will be disputed. In addition, even based on the test results performed by the Plaintiff,changes in the positions of a mark in relation to a laser beam in Defendant's Products 1
through 8 are only to the following extent and no significant changes were seen.
Concerning Defendant's Product 4, a test was not performed.
(a) Defendant's Products 1 and 2
There was a change to the extent of 1 mark.
(b) Defendant's Product 3
There was a change to the extent of 1 mark.
(c) Defendant's Product 5
14

There was a change to the extent of 1.5 marks.
(d) Defendant's Product 6
There was a change to the extent of a quarter or less of 1 mark.
(e) Defendant's Product 7
There was a change to the extent of a half or less of 1 mark.
(f) Defendant's Product 8
There was a change to the extent of 1 mark.
(C) Summary
Consequently, none of Defendant's Products 1 through 8 fulfills "including a control
means that activates the waist treatment element when giving treatment to a user's waist,by inflating the hip airbag while gradually raising the height of a user's waist."(Constituent Feature [E]).
D. Non-fulfillment of "the seat unit has at least a hip airbag among a thigh airbag for
massaging the thighs and a hip airbag for massaging the hips" (Constituent Feature [B])(A) Meaning
In consideration of the fact that there is a statement in the claims related to Invention
A that "… has at least a hip airbag among a thigh airbag for massaging the thighs and a
hip airbag for massaging the hips," if a "thigh airbag" is provided, it is required toperform the same movement and mode as the "hip airbag" and to contribute to graduallyraising the height of a user's waist position along with the "hip airbag" in addition to
only inflating. According to the statements in Description A, it is construed that if a"thigh airbag" is provided, it has to be controlled simultaneously with the "hip airbag."(B) Structures of Defendant's Products 1 through 3, 5, and 8
The structures of Defendant's Products 1 through 3, 5, and 8, where a "thigh airbag"
is provided, are as stated below.
a. Defendant's Products 1 and 2
The inflation and deflation of the 'thigh airbag' of Defendant's Products 1 and 2 haveno relationship with the change in a user's waist position that is "gradually raised" inthe form of the raising of a user's body by the inflation of the "hip airbag." Rather, thehip airbag and thigh airbag inflate alternately.
b. Defendant's Product 3
The inflation and deflation of the "thigh airbag" of Defendant's Product 3 have no
relationship with the change in a user's waist position that is "gradually raised" in theform of the raising of a user's body by the inflation of the "hip airbag."c. Defendant's Product 5
The inflation and deflation of the "thigh airbag" of Defendant's Product 5 do not15contribute to the change in a user's waist position that is "gradually raised" in the formof the raising of a user's body by the inflation of the "hip airbag."d. Defendant's Product 8
The inflation and deflation of the "thigh airbag" of Defendant's Product 8 do notcontribute to the change in a user's waist position that is "gradually raised" in the formof the raising of a user's body by the inflation of the "hip airbag."(C) Summary
Consequently, none of Defendant's Products 1 through 3, 5, and 8 fulfills "the seat
unit has at least a hip airbag among a thigh airbag for massaging the thighs and a hip
airbag for massaging the hips" (Constituent Feature [E]).
2. Issue 2 (Existence of grounds for invalidation [Whether it lacks novelty])(Allegation of the Defendant)(1) Whether the primary prior art was publicly known to be worked
The Defendant was selling FMC-350 around December 2002, prior to the filing ofan application for Patent A.
(2) Identicality of the structures
Based on the Plaintiff's allegation concerning the interpretation of constituent
features of Invention A, FMC-350 has all of the structures of Invention A.
(3) Summary
Consequently, Invention A is an invention publicly known to be worked before theapplication therefor was filed and it lacks novelty (Article 29, paragraph (1), item (ii)of the Patent Act). Based on the above, Invention A should be invalidated by a trial forpatent invalidation (Article 123, paragraph (1), item (ii) of said Act). Therefore, thePlaintiff cannot exercise Patent Right A against the Defendant (Article 104-3, paragraph(1) of said Act).
(Allegation of the Plaintiff)(1) Whether the invention was publicly known to be worked
The fact that FMC-350 had been manufactured and sold before an application for
Patent A was filed is not known.
(2) Identicality of the structures
Even if FMC-350 was publicly known to be worked before the application for Patent
A was filed, it cannot be said that the product in question had structures other thanConstituent Features [D] and [F] of Invention A. In addition, the Defendant has notproven that FMC-350 has the structure of Constituent Feature [E] of Invention A.
In any case, FMC-350 does not have all of the structures of Invention A.
(3) Summary
16

Consequently, Invention A is not an invention publicly known to be worked before
the application therefor was filed and it does not lack novelty.
3. Issues 3 (Amount of damages)(Allegation of the Plaintiff)
The Defendant sold the Defendant's Products for the period from May 20 08 until
today and gained at least 7.5 billion yen. Therefore, the amount of damages to thePlaintiff is at least 7.5 billion yen (Article 102, paragraph (2) of the Patent Act).
(Allegation of the Defendant)
It is denied or disputed.
No. 3 Judgment of this court
1. Technical meaning of Invention A
According to the statements in Description A, the technical meaning of Invention A
is found as follows.
(1) Technical field ([0001])
Invention A relates to a chair-type treatment apparatus, in particular, a chair-type
treatment apparatus which is suitable for giving treatment to a user's waist.
(2) Background art ([0002])
The chair-type treatment apparatus includes a seat unit and a backrest attached to
the rear part of the seat unit in a reclinable state, and a user can receive treatment in astate of sitting on the chair-type treatment apparatus. In this chair-type treatment
apparatus, a seat unit is provided with a thigh airbag for massaging the thighs and a hip
airbag for massaging the hips, and a backrest is provided with neck and shoulder airbags
for massaging the neck and shoulders, back airbags for massaging the back, and waist
airbag for massaging the waist. These airbags are inflated or deflated to give a massage
to each body part of a user.
(3) Problem to be solved by the invention ([0003] and [0004])
Prior art has a structure wherein the waist airbag is fixed on the backrest and theheight position cannot be adjusted in the up and down direction. For example, when auser with a small body sits, the user's waist position and the waist airbag position do
not match and the user receives a massage to a body part different from the waist andcannot fully receive a massage to the intended body part. The problem of Invention A
is to provide a chair-type treatment apparatus that can fully give treatment to the waist
by massaging.
(4) Means to solve the problem ([0005] and [0006]) and the effects of the invention([0007]).
In invention A, the structure is adopted so that the height of a user's waist position17

can be gradually adjusted, such as when a user with a small body sits in the chair, air is
supplied to the hip airbag to inflate it, the user's hips are raised, and thereby the heightof the user's waist position is gradually raised.
Thereby, Invention A can give a full massage to a user's waist.
2. Fulfillment of "including a control means that activates the waist treatment element
when giving treatment to a user's waist, by inflating the hip airbag while graduallyraising the height of a user's waist" (Constituent Feature [E]) out of Issue 1 (whether it
falls within the technical scope)(1) Meaning
A. Statements in the claims
The claims related to Invention A have a statement "activates the waist treatment
element when giving treatment to a user's waist, by inflating the hip airbag while
gradually raising the height of a user's waist" (Constituent Feature [E]). Based on theabove, it is construed that the "hip airbag" is required to be "gradually raising the heightof a user's waist" "when giving treatment to a user's waist."
Even if the "hip airbag" is required to "gradually raise the height of a user's waist,"
it is not unambiguously clear from the statements in the claims whether the change
volume of the height becomes an issue, and if it is an issue, what degree of change
volume is necessary.
B. Statements in Description A
Taking into account the statements in Description A, as stated in 1. above, if a user's
waist position and the waist airbag position do not match due to the small body of theuser, etc., a sufficient massage cannot be given to the user's waist. Accordingly,
Invention A intends to gradually raise the height of a user's waist position by inflating
the hip airbags and perform other adjustments to give a full massage to a user's waist.
In consideration of the aforementioned technical meaning of Invention A, it is construed
that in cases where a user's waist position and the waist airbag position do not match,the "hip airbag" is required to "gradually raise the user's waist height position" to theextent of solving the mismatch and giving a full massage to the waist.
C. Therefore, "including a control means that activates the waist treatment element
when giving treatment to a user's waist, by inflating the hip airbag while graduallyraising the height of a user's waist" (Constituent Feature [E]) is construed to mean,
concerning the "hip airbag," that, in cases where the position of a user's waist and theposition of the waist airbag do not match, a control means of "gradually raising theheight of a user's waist" is provided to the extent of solving the mismatch and of giving
a full massage to the user's waist.
18

D. The Plaintiff's allegation
In response to the above, the Plaintiff alleged that it is sufficient for the "hip airbag"
to "gradually raise the height of a user's waist" and the degree thereof does not matter.
However, since human body size is different with each person, it is difficult to avoid
cases where, when a user sits in the chair-type treatment apparatus, a mismatch occurs
in the user's body height direction between the position of the user's waist and theposition of the waist airbag, and it is considered that the degree of the mismatch varies.
In addition, it is also difficult to avoid cases where there is a mismatch in a user's bodyheight direction between the position of the user's waist and the position of the waist
airbag depending on the sitting posture of the user and other statuses when it is used,
and the degree of the mismatch varies. Based on the aforementioned circumstances, it
is difficult to specify a specific value as a degree to solve the aforementioned mismatch.
However, it can be noted from the technical meaning of Invention A that it is necessary
to configure a "treatment device for a chair," such as Invention A, in consideration ofsuch circumstances. Based on the above, in Invention A, it is necessary to include thedegree of the height when "gradually raising the height of a user's waist position" in its
issues. In other words, as stated in C. above, Invention A needs to "gradually raise auser's waist height position" to the extent of solving a mismatch between the positionof the user's waist and the position of the waist airbag and giving a full massage to theuser's waist.
Consequently, the Plaintiff's allegation in this regard cannot be accepted.
(2) Structures of Defendant's Products 1 through 8
A. According to the evidence (listed in each paragraph) and the entire import of oral
arguments, the structures of the hip airbag, etc. in Defendant's Products 1 through 8 arefound to be as stated below.
(A) Defendant's Products 1 and 2 (Exhibit Ko 8 and Exhibit Otsu A9)
Hip airbags, which are provided on the top surface of the seat unit, inflate upward,
and press the bottom surface of the hips, are provided separately on the right and left.
In addition, airbags are also provided on the right and left sides of the seat unit andinflate towards the hips from the right and left directions.
(B) Defendant's Product 3 (Exhibit Ko 9 and Exhibit Otsu A10)
Hip airbags, which are provided on the top surface of the seat unit, inflate upward,
and press the bottom surface of the hips, are provided separately on the right and left.
(C) Defendant's Product 4 (Exhibits Otsu A7 and A15)
Hip airbags, which are provided on the inner surface of the treatment board thatrises from the top surface of the seat unit, inflate towards the inside by using the lower
19

end of the treatment board as a support and the treatment board as a back anchor, andsandwich the sides of the hips, are provided separately on the right and left.
(D) Defendant's Product 5 (Exhibits Otsu A11 and A16)
Hip airbags, which are provided on the top surface of the seat unit, inflate upward,
and press the bottom surface of the hips, are provided separately on the right and left.
For the airbags, it is assumed that the part near the lateral part inflates larger than thepart near the center in the right and left directions of the hips, respectively.
(E) Defendant's Product 6 (Exhibit Otsu A12)
Hip airbags, which are provided on the top surface of the seat unit, inflate towards
the inside, and sandwich the sides of the hips, are provided separately on the right andleft ends of the seat surface unit by slightly creating a space at the center of the seatsurface. For the airbags, it is assumed that the part near the lateral part inflates larger
than the part near the center of the hips, respectively.
(F) Defendant's Product 7 (Exhibit Ko 14 and Exhibit Otsu A13)
Hip airbags, which are provided on the top surface of the seat unit, inflate towards
the inside, and sandwich the sides of the hips, are provided separately on the right andleft ends of the seat surface unit by creating a space at the center of the seat surface sothat the hips are placed in the center part of the seat surface. For the airbags, it isassumed that the part near the lateral part inflates larger than the part near the center ofthe hips, respectively, and thereby they "firmly hold the pelvis."(G) Defendant's Product 8 (Exhibit Otsu A14)
Hip airbags, which are provided on the top surface of the seat unit, inflate upward,
and press the bottom surface of the hips, are provided separately on the right and left.
B. Tests related to changes in the position of waist height
According to the evidence (Exhibits Ko A1, A2, A4, and A6 through A10) and theentire import of oral arguments, the Plaintiff performed a test, concerning Defendant's
Products 1 through 3, and 5 through 8, where the Plaintiff had a dummy, which isdeemed to be a user or a person (hereinafter referred to as the "subject" without
distinction), sit in the chair, affixed a sticker (16 mm in diameter) as a mark in a positionon the front side of the subject's waist, and illuminated the subject from the front sidewith the horizontally straight line of a laser beam to confirm changes in the height ofthe subject's waist position by the inflation of the hip airbag based on the relative changeof volume in the up and down direction at each position of the mark and laser beam
when the product was activated. The test results are as stated below.
Concerning Defendant's Product 4, the same test results were not submitted as
evidence.
20

(A) Defendant's Product 1
According to the evidence (Exhibits Ko A1 and A2) and the entire import of oral
arguments, concerning Defendant's Product 1, as shown in Attachment "Comparison
Photographs of the Movement Related to Constituent Feature [E] in Defendant's
Product 1 Before and After Activation," it is found that before activation of the
movement, the red laser beam was located around the top of the mark affixed on thesubject's waist, while during the activation of movement, the red laser beam was locatedaround the bottom of the mark affixed on the subject's waist. Based on the above andthe size of the sticker as a mark, the degree of the increase in the height of the subject's
waist position by inflation of the hip airbag was approximately 16 mm, as consideredadvantageously to the Plaintiff at maximum.
(B) Defendant's Product 2
According to the entire import of oral arguments, concerning Defendant's Product2, it is not found that the height of a user's waist position is raised more than that in
Defendant's Product 1, in other words, approximately 16 mm or more, by inflation of
the hip airbag.
(C) Defendant's Product 3
According to the evidence (Exhibits Ko A7 and A8) and the entire import of oral
arguments, concerning Defendant's Product 3, as shown in Attachment "Comparison
Photographs of the Movement Related to Constituent Feature [E] in Def endant's
Product 3 Before and After Activation," it is found that before activation of the
movement, the red laser beam was located near the top of the mark affixed on thesubject's waist, while during the activation of movement, the red laser beam was loc atedbelow the mark affixed on the subject's waist. Based on the above and the size of the
sticker as a mark, the degree of the increase in the height of the subject's waist position
by inflation of the hip airbag was approximately 16 mm, as considered advantageously
to the Plaintiff at maximum.
(D) Defendant's Product 5
According to the evidence (Exhibits Ko A1 and A4) and the entire import of oral
arguments, concerning Defendant's Product 5, as shown in Attachment "Comparison
Photographs of the Movement Related to Constituent Feature [E] in Defendant's
Product 5 Before and After Activation," it is found that before activation of the
movement, the red laser beam was located at the top of the mark affixed on the subject's
waist, while during the activation of movement, the red laser beam was located below
the mark affixed on the subject's waist. Based on the above and the size of the sticker
as a mark, the degree of the increase in the height of the subject's waist position by21

inflation of the hip airbag was approximately 32 mm, as considered advantageously to
the Plaintiff at maximum.
(E) Defendant's Product 6
According to the evidence (Exhibits Ko A7 and A9) and the entire import of oral
arguments, concerning Defendant's Product 6, as shown in Attachment "Comparison
Photographs of the Movement Related to Constituent Feature [E] in Defendant's
Product 6 Before and After Activation," it is found that before activation of the
movement, the red laser beam was located near the top of the mark affixed on thesubject's waist, while during the activation of movement, the red laser beam was locatedaround the center of the mark affixed on the subject's waist. Based on the above and thesize of the sticker as a mark, the degree of the increase in the height of the subject's
waist position by inflation of the hip airbag was found to be approximately 16 mm, asconsidered advantageously to the Plaintiff at maximum.
(F) Defendant's Product 7
According to the evidence (Exhibits Ko A7 and A10) and the entire import of oral
arguments, concerning Defendant's Product 7, as shown in Attachment "Comparison
Photographs of the Movement Related to Constituent Feature [E] in Defendant's
Product 7 Before and After Activation," it is found that before activation of the
movement, the red laser beam was located above the mark affixed on the subject's waist,
while during the activation of movement, the red laser beam was over the mark affixed
on the subject's waist. Based on the above and the size of the sticker as a mark, thedegree of the increase in the height of the subject's waist position by inflation of the hip
airbag was found to be approximately 16 mm, as considered advantageously to thePlaintiff at maximum.
(G) Defendant's Product 8
According to the evidence (Exhibit Ko A1 and A6) and the entire import of oral
arguments, concerning Defendant's Product 8, as shown in Attachment "Comparison
Photographs of the Movement Related to Constituent Feature [E] in Defendant's
Product 8 Before and After Activation," it is found that before activation of the
movement, the red laser beam was located at the top of the mark affixed on the subject's
waist, while during the activation of movement, the red laser beam was located at thebottom of the mark affixed on the subject's waist. Based on the above and the size ofthe sticker as a mark, the degree of the increase in the height of the subject's waist
position by inflation of the hip airbag was found to be approximately 16 mm, asconsidered advantageously to the Plaintiff at maximum.
C. Review22

(A) Defendant's Products 1 and 2
Hip airbags of Defendant's Products 1 and 2 are provided on the top surface of theseat unit, inflate upwards, and press the bottom surface of the hips. Even based on thetest results performed by the Plaintiff, the degree of raising the height of a user's waist
position is up to approximately 16 mm.
As stated in 1. above, even if a user's waist position and the waist airbag position
do not match due to the small body of the user, etc., Invention A intends to graduallyraise the height of the user's waist position by inflating the hip airbags and perform
other adjustments to give a full massage to the user's waist. Based on the general bodysize, etc. of human beings, in cases where there is a mismatch between the position ofa user's waist and the position of the waist airbag, the degree of the mismatch to besolved in order to give a full massage to the waist is considered to significantly exceed
16 mm.
For this reason, even if the height of a user's waist position was raised byapproximately 16 mm by the inflation of the hip airbags of Defendant's Product 1 or 2,
it cannot be said that the mismatch between the position of a user's waist and theposition of waist airbag is solved.
Consequently, the structures of Defendant's Products 1 and 2 do not fulfill"including a control means that activates the waist treatment element when giving
treatment to a user's waist, by inflating the hip airbag while gradually raising the heightof a user's waist." (Constituent Feature [E]).
(B) Defendant's Product 3
Hip airbags of Defendant's Product 3 are provided on the top surface of the seat unit,
inflate upwards, and press the bottom surface of the hips. Even based on the test results
performed by the Plaintiff, the degree of raising the height of a user's waist position is
up to approximately 16 mm.
Then, in the same way as (A) above, even if the height of a user's waist position
was raised by approximately 16 mm by the inflation of the hip airbags of Defendant's
Product 3, it cannot be said that the mismatch between the position of a user's waist andthe position of waist airbag is solved.
Consequently, the structure of Defendant's Product 3 does not fulfill "including acontrol means that activates the waist treatment element when giving treatment to auser's waist, by inflating the hip airbag while gradually raising the height of a user's
waist." (Constituent Feature [E]).
(C) Defendant's Product 4
In Defendant's Product 4, hip airbags, which are provided on the inner surface of23

the treatment board that rises from the top surface of the seat unit, inflate towards theinside by using the lower end of the treatment board as a support and the treatmentboard as a back anchor, and sandwich the sides of the hips, are provided separately on
the right and left.
However, there is not sufficient evidence to find the existence and the degree of theraising of a user's waist height position by the inflation of the hip airbags. In addition,in consideration of the aforementioned structure related to the hip airbags ofDefendant's Product 4, it is difficult to consider that the height of a user's waist positionis raised to the extent of solving the mismatch with the position of the waist airbag by
the inflation of the hip airbags.
Consequently, the structure of Defendant's Product 4 does not fulfill "including acontrol means that activates the waist treatment element when giving treatment to auser's waist, by inflating the hip airbag while gradually raising the height of a user's
waist." (Constituent Feature [E]).
(D) Defendant's Product 5
In Defendant's Product 5, hip airbags, which are provided on the top surface of theseat unit, inflate upward, and press the bottom surface of the hips, are provided
separately on the right and left. For the airbags, it is assumed that the part near thelateral part inflates larger than the part near the center in the right and left directions of
the hips, respectively. Actually, according to the test results performed by the Plaintiff,
it seems that, in Defendant's Product 5, the degree of the raising of a user's waist
position by the inflation of the hip airbags is larger than in the case of other Defendant's
Products.
However, Invention A intends to solve the mismatch between the position of a user's
waist and the position of the waist airbag, which arises from a user's body size and otherindividual circumstances, in order to give a full massage to a user's waist. Therefore,
the degree of the mismatch to be solved is considered to exceed 32 mm.
For this reason, even if the height of a user's waist position was raised byapproximately 32 mm by the inflation of the hip airbags of Defendant's Product 5, itcannot be said that the mismatch between the position of a user's waist and the positionof the waist airbag is solved.
Consequently, the structure of Defendant's Product 5 does not fulfill "including acontrol means that activates the waist treatment element when giving treatment to auser's waist, by inflating the hip airbag while gradually raising the height of a user's
waist." (Constituent Feature [E]).
(E) Defendant's Product 6
24

Hip airbags of Defendant's Product 6 are provided on the top surface of the seat unit,
inflate towards the inside, and sandwich the sides of the hips. Even based on the test
results performed by the Plaintiff, the degree of the raising of a user's waist height
position is up to approximately 16 mm.
Then, in the same way as (A) above, even if the height of a user's waist position
was raised by approximately 16 mm by the inflation of the hip airbags of Defendant's
Product 6, it cannot be said that the mismatch between the position of a user's waist andthe position of the waist airbag is solved.
Consequently, the structure of Defendant's Product 6 does not fulfill "including acontrol means that activates the waist treatment element when giving treatment to auser's waist, by inflating the hip airbag while gradually raising the height of a user's
waist." (Constituent Feature [E]).
(F) Defendant's Product 7
Hip airbags of Defendant's Product 7 are provided on the top surface of the seat unit,
inflate towards the inside, and sandwich the sides of the hips. Even based on the test
results performed by the Plaintiff, the degree of the raising of a user's waist height
position is up to approximately 16 mm.
Then, in the same way as (A) above, even if the height of a user's waist position
was raised by approximately 16 mm by the inflation of the hip airbags of Defendant's
Product 7, it cannot be said that the mismatch between the position of a user's waist andthe position of the waist airbag is solved.
Consequently, the structure of Defendant's Product 7 does not fulfill "including acontrol means that activates the waist treatment element when giving treatment to auser's waist, by inflating the hip airbag while gradually raising the height of a user's
waist." (Constituent Feature [E]).
(G) Defendant's Product 8
Hip airbags of Defendant's Product 8 are provided on the top surface of the seat unit,
inflate upwards, and press the bottom surface of the hips. Even based on the test results
performed by the Plaintiff, the degree of the raising of a user's waist height position is
up to approximately 16 mm.
Then, in the same way as (A) above, even if the height of a user's waist position
was raised by approximately 16 mm by the inflation of the hip airbags of Defendant's
Product 8, it cannot be said that the mismatch between the position of a user's waist andthe position of the waist airbag is solved.
Consequently, the structure of Defendant's Product 8 does not fulfill "including acontrol means that activates the waist treatment element when giving treatment to a25

user's waist, by inflating the hip airbag while gradually raising the height of a user's
waist." (Constituent Feature [E]).
D. The Plaintiff's allegation
In response to the above, the Plaintiff alleged that since Defendant's Products 1
through 8 intend to raise the position of a user's waist by inflating the hip airbags, they
fulfill Constituent Feature [E] regardless of the degree of changes in the position.
The aforementioned allegation of the Plaintiff is based on its allegation related toConstituent Feature [E] of Invention A. However, since it lacks the premise, thePlaintiff's allegation in this regard cannot be accepted.
3. Summary
Based on the above, without the need to make determinations on the remaining
issues, Defendant's Products 1 through 8 do not fall within the technical scope ofInvention A. Consequently, none of the Plaintiff's claims based on the infringement ofPatent Right A has grounds.

26

(Attachment)
Attachments "Patent Gazettes" related to Patent Rights A, B, and C are all omitted.

27

(Attachment)
List of Constituent Features of Invention A
A. and D. A chair-type treatment apparatus, which includes a seat unit and a backrest
attached to the rear part of the seat unit;
B. wherein, the seat unit has at least a hip airbag among a thigh airbag for massaging
the thighs and a hip airbag for massaging the hips;
C. wherein the backrest has at least a waist treatment element; andE. and F. a chair-type treatment apparatus that is characterized by including a control
means that activates the waist treatment element when giving treatment to a user's waist,by inflating the hip airbag while gradually raising the height of a us er's waist.

28

(Attachment)
List of Structures of Defendant's Products 1 and 2 (Allegation of the Plaintiff)
a. and d. A massage chair, which includes a seat unit and a backrest unit attached to therear part of the seat unit;
b. wherein the seat unit has a thigh airbag for massaging the thighs, and hip airbag A
for massaging the hips; andc. wherein the backrest has a waist airbag;
e and f. a massage chair that is characterized by including a control means that activates
the waist airbag when giving treatment to a user's waist, by inflating hip airbag A while
gradually raising the height of a user's waist.

29

(Attachment)
List of Structures of Defendant's Products 3, 5 and 8 (Allegation of the Plaintiff)
a. and d. A massage chair, which includes a seat unit and a backrest unit attached to therear part of the seat unit;
b. wherein the seat unit has a thigh airbag for massaging the thighs, and hip airbag A
for massaging the hips; andc. wherein the backrest has kneading balls to give treatment to the back and waist;e and f. a massage chair that is characterized by including a control means that activates
the kneading balls when giving treatment to a user's waist, by inflating hip airbag A
while gradually raising the height of a user's waist.

30

(Attachment)
List of Structures of Defendant's Products 4, 6 and 7 (Allegation of the Plaintiff)
a. and d. A massage chair, which includes a seat unit and a backrest unit attached to therear part of the seat unit;
b. wherein the seat unit has hip airbag B for massaging the hips; andc. wherein the backrest has kneading balls to give treatment to the neck, back and waist;ande and f. a massage chair that is characterized by including a control means that activates
the kneading balls when giving treatment to a user's waist, by inflating hip airbag B
while gradually raising the height of a user's waist.

31