I.

Outline of the Case

Pony Corp. (the Plaintiff) filed patent applications for an invention titled "RollPaper" ("Invention") in Country A on April 1, 2005 and in Country B on March 14, 2006,
respectively, and was granted respective patents in Country A and Country B by March
31, 2008 ("Patent Right" for the patent right obtained in Country A, "Patent" for thepatent concerning the Patent Right, "Corresponding Patent Right" for the patent rightobtained in Country B, and "Corresponding Patent" for the patent concerning theCorresponding Patent Right.)
Pony Corp. sells an article packaging device (“Plaintiff's Device”) and a roll
paper for Plaintiff’s Device ("Plaintiff's Roll Paper") in Country A. Pony also grants alicense on the Corresponding Patent Right to Collie Corp., a corporation in Country B
which is a wholly owned subsidiary of Pony Corp., and Collie Corp. imports the Plaintiff's
Device from Pony Corp. and sells it in Country B. Collie Corp. also, as acts of working
licensed invention, manufactures and sells the Plaintiff's Roll Paper to users who use thePlaintiff's Device in Country B.
Turtle Corp. collects core tubes of used the Plaintiff’s Roll Papers from users in
Country B and manufactures ‘roll papers for packaging,’ which can be used in place of
the Plaintiff’s Roll Paper, by means of winding a packaging sheet around the collected
core tube (“Defendant’s Product”).
Since October 11, 2022, Donkey Corp. (the Defendant) has been importing the
Defendant's Product from Turtle Corp., a corporation in Country B which is a wholly
owned subsidiary of Donkey Corp., and has been selling them to users who use thePlaintiff's Device in Country A.
On April 1, 2023, Pony Corp. filed a patent infringement lawsuit against Donkey
Corp. seeking injunction to enjoin the importation and sale of the Defendant’s Producton the basis of infringement of the Patent Right.

1

II.
Scope of Claims[Claim 1]
A
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 the roll
paper;
B3
a rotation angle sensor detecting a rotation angle of the roll paper;
B4
a sheet length sensor measuring sheet feed length drawn out from the roll
paper; andB5a brake applying a braking force to the roll holder,B6
is configured to adjust the braking force applying to the roll holder based on theouter diameter of the roll paper calculated from the detected signals of therotation angle sensor and the sheet length sensor, andC
wherein the roll paper,comprising:C1
a core tube, having magnets, attachable to the roll holder;
C2
the packaging sheet wound around the core tube; andC3
the magnets are disposed at respective positions detectable by the rotation angle
sensor when the core tube is attached to the roll holder.

III.
Description[Detailed Description of the Invention][Technical Field][0001]The present invention relates to a roll paper which is made of a heat-sealable packaging
sheet wound around a core tube.
[Background art]
[0002]
A known article packaging device draws out a heat-sealable packaging sheet from a roll
paper attached to a rotatable roll holder and wraps an article. In this type of article
packaging device, the packaging sheet is folded in two on the upstream side of the sealing
device provided in the sheet feed path of the packaging sheet, the article is inserted, andthen the packaging sheet is heated and fused by the sealing device.

2

[Outline of the Invention][Problems to be solved by the invention][0003]
When the roll paper is rotated by coasting due to the drawing out of the packaging sheet,sagging occurs in the packaging sheet, and poor fusing of the packaging sheet is likely tooccur. For this reason, it is preferable to give a braking force to the rotation of the rollholder so that the packaging sheet is drawn out with an appropriate tension. When thetension of the packaging sheet is constant, as the outer diameter of the roll paper decreases
by the drawing out of the packaging sheet, the torque by the tension acting on the outer
periphery of the roll paper decreases. For this reason, in a configuration where the braking
force is constant, as the outer diameter of the roll paper decreases, the braking force
becomes excessive relative to the torque by the tension, and it may cause the roll paper
to stop and the sheet to be cut.
[0004]In order to solve such problems, a configuration is proposed, in which a sensor for
detecting the outer diameter of the roll paper is disposed on the side of the roll paper andthe braking force for rotation of the roll paper is adjusted according to the detected signalof the sensor. However, in such a configuration, it is conceivable that the outer diametercannot be accurately detected due to the factors such as distortion of the outer shape ofthe roll paper, and the braking force is not properly adjusted.
[0005]In addition, another configuration is proposed , in which a sensor for detecting the rotation
angle of the roll holder, to which the roll paper is attached, is provided in the vicinity of
the roll holder, and another sensor for measuring the sheet feed length drawn out from theroll paper is provided in the sheet feed path of the packaging sheet, and then the braking
force is adjusted by calculating the outer diameter of the roll paper based on the rotation
angle and the sheet feed length. However, since a rotation deviation may occur between
the roll holder and the core tube of the roll paper, the rotation angle of the roll paper
cannot be accurately detected. In order to accurately detect the rotation angle of the roll
paper, it is necessary to directly detect the rotation angle of the roll paper itself, however,
the method using a sensor for detecting the rotation angle of the roll holder on which theroll paper is attached is not necessarily appropriate.
[0006]The present invention provides a technique for accurately detecting the rotation angle of
the roll paper in order to appropriately adjust the braking force applying to the roll holder
on which the roll paper is attached based on the outer diameter of the roll paper.
[Means to solve the problems]

3[0007]
The roll paper of the present invention is for an article packaging device which includes
a rotatable roll holder to which the roll paper is detachably attached, a supply roller thatdraws out a heat-sealable packaging sheet from the roll paper, a rotation angle sensor that
detects a rotation angle of the roll paper, a sheet length sensor that measures sheet feedlength drawn out from the roll paper, and a brake that applies a braking force to the rollholder, and the article packaging device configured to adjust the braking force applying
to the roll holder according to the outer diameter of the roll paper calculated from thedetected signals of the rotation angle sensor and the sheet length sensor. The roll paper ofthe present invention includes a core tube that can be attached to the roll holder and the
packaging sheet wound around the core tube. The core tube has some magnets. The
magnets are disposed at respective positions detectable by the rotation angle sensor when
the core tube is attached to the roll holder.
[Effect of the invention][0008]
The article packaging device, to which the roll paper of the present invention is attached,can directly detect the rotation angle of the roll paper itself with a rotation angle sensor,
by detecting the magnets disposed at respective positions of the core tube of the roll paper.
In such a configuration, even if there is a rotational deviation between the roll holder, towhich the roll paper is attached, and the core tube of the roll paper, the rotation angle of
the roll paper is accurately detected, and the braking force applying to the roll holder isadjusted, according to the accurately calculated outer diameter of the roll paper. Therefore,
according to the present invention, it is possible to cause the packaging sheet to be drawn
out with appropriate tension even if the outer diameter of the roll paper changes.
[Brief description of the drawings][0009]
FIG. 1 Configuration diagram showing a paper feed unit and a packaging unit of thearticle packaging device.
FIG. 2 Cross-sectional diagram of the paper feed unit to which a roll paper was attached.
FIG. 3: Block diagram of a circuit that controls the main components of the article
packaging device.
FIG. 4: Configuration diagram of rotation angle sensor.
[Mode for carrying out the invention][0010]As shown in FIG. 1, the article packaging device 1 includes a paper feed unit 10 and apackaging unit 20.
[0011]

4

As shown in FIG. 2, the paper feed unit 10 is a component that draws out the packaging
sheet S from a roll paper R and sends it to the packaging unit 20. As shown in FIGS. 2
and 3, the paper feed unit 10 includes a support board 11, a support shaft 121, a roll holder
122, feed rollers 13 and 14, and a motor brake 15.
[0012]As shown in FIG. 2, the support shaft 121 is supported non-rotationally in a direction
where the axial direction is horizontal by the support board 11. The roll holder 122, which
is a cylindrical member, is provided around the support shaft 121 and is rotatable.
Specifically, the roll holder 122 is rotatably attached to the support shaft 121 via bearings
123 and 123. The bearings 123 and 123 are provided at positions near both ends in theaxial direction on the outer peripheral surface of the support shaft 121.
[0013]The roll paper R is detachably attached to the roll holder 122. The roll paper R includes
a hollow core tube P that can be attached to the roll holder 122 and a heat-sealable
packaging sheet S wound around the core tube P. Magnets M are provided in the coretube P. The magnets M are disposed at respective positions that can be detected by arotation angle sensor described later when the core tube P is attached to the roll holder
122. Details of the arrangement of the magnets M will be described later.
[0014]The roll paper R is attached to the article packaging device 1 by attaching the core tube P
to the roll holder 122. The core tube P is held on the outer peripheral surface of the rollholder 122 and rotates integrally with the roll holder 122. For this reason, the roll paper
R is supported by the article packaging device 1 in a rotatable state.
[0015]The motor brake 15 is provided on the support board 11 and provides an appropriate
tension to the packaging sheet S drawn out from the roll paper R. Specifically, the motor
brake 15 includes a motor 151, a gear unit 152, and a pinion 153. The motor 151 rotates
the gear unit 152. The pinion 153 is provided on the output shaft of the gear unit 152 andmeshes with the brake gear 122a formed at the axial end of the roll holder 122 to provide
a variable braking force to the roll holder 122.
[0016]As shown in FIG. 1 or 3, the supply rollers 13 and 14 draw out the packaging sheet S
from the roll paper R and supply it to the packaging unit 20.
[0017]The packaging unit 20 is a component for packaging an article in the packaging sheet S.
The packaging unit 20 includes a triangular board 21, a hopper 22, and a heating roller
23.

5[0018]The triangular board 21 folds the packaging sheet S supplied from the paper feed unit 10
in two. The hopper 22 inputs a predetermined amount of articles into the packaging sheet
S folded in two by the triangular board 21. The heating roller 23 heats and fuses the
packaging sheet S, into which the articles are loaded, and packages the articles.
[0019]
Next, the electrical configuration of the article packaging device 1 will be described.
As shown in FIG. 3, the article packaging device 1 includes some Hall element sensors
124, a rotary encoder 16, the motor brake 15 described above, and a control circuit 30 asa configuration for ensuring that the packaging sheet S of the roll paper R is drawn out
with appropriate tension.
[0020]As shown in FIGS. 2 and 4, the Hall element sensors 124 are provided on the support
shaft 121. Specifically, at the end of the support shaft 121 adjacent to the inner peripheral
surface of the core tube P of the roll paper R, the four Hall element sensors 124 are evenly
spaced along the circumferential direction.
[0021]On the other hand, on the inner peripheral surface of the core tube P of the roll paper R,
the four magnets M are evenly spaced in a predetermined angle range in thecircumferential direction. In the present embodiment, the four magnets M are disposed sothat the distance between magnets in close proximity to each other is 67.5°. When the roll
paper R is attached to the roll holder 122, the four Hall element sensors 124 and the four
magnets M are designed to be positioned in the axial direction so that they can have aposition relationship that faces each other in the radial direction.
[0022]The detected signals of the Hall element sensors 124 change due to the approach andseparation of the magnets M accompanying the rotation of the roll paper R. Therefore,
the Hall element sensors 124 functions as a rotation angle sensor that detects the rotation
angle of the roll paper R. As shown in FIG. 3, the detected signal of the Hall element
sensors 124 are input to the control circuit 30.
[0023]The rotary encoder 16 detects the rotational amount of the feed roller 14. The rotationalamount of the feed roller 14 corresponds to the feed length of the packaging sheet S sent
to the packaging unit 20. Therefore, the rotary encoder 16 functions as a sheet length
sensor that measures the sheet feed length drawn out. The detected signals of the rotary
encoder 16 are input to the control circuit 30.
[0024]

6

The control circuit 30 calculates an outer diameter of the roll paper R based on thedetected signals of the Hall element sensors 124 as a rotation angle sensor and the detectedsignals of the rotary encoder 16 as a sheet length sensor. Since the sheet feed length
measured by the sheet length sensor is equal to the circumference length of the outercircumference of the roll paper R, during the control circuit 30 determines that the roll
paper R has rotated one turn based on the detection signal of the rotation angle sensor. So
that the sheet feed length divided by the circumference ratio is the diameter (outer
diameter) of the roll paper R at the time of measurement. For this reason, the outer
diameter of the roll paper R can be calculated based on the rotation angle of the roll paper
R with respect to the drawing amount of the packaging sheet S from the roll paper R.
[0025]
The control circuit 30 adjusts the braking force by the motor brake 15 according to thecalculated outer diameter of the roll paper R. Specifically, the control circuit 30 reduces
the braking force by the motor brake 15 as the calculated outer diameter of the roll paper
R decreases.
[0026]
Thus, the control circuit 30 performs control to adjust the braking force applying to theroll holder 122 based on the rotation angle of the roll paper R and the drawing amount of
the packaging sheet S from the roll paper R. Therefore, even if the outer diameter of theroll paper R changes, the packaging sheet S can be drawn out with appropriate tension.
[Explanation of Letters or Numerals][0027]
1... Article packaging device, 10 ... Paper feed unit, 11 ... Support board, 121... Support
shaft, 122 ... Roll holder, 122a... Brake gear, 123 ... Roller bearing, 124... Hall element
sensor, 13, 14 ... Feed roller, 15 ... Motor brake, 151... Motor, 152... Gear unit, 153 ...
Pinion, 16 ... Rotary encoder, 20... Packaging unit, 21 ... Triangular board, 22... hopper,
23 ... Heating roller, 30 ... Control circuit, R... Roll paper, P... Core tube, M... Magnets,
S... Packaging sheet.

7

【図１】

[FIG.1]
Article Packaging Device
1 物品分包装置
Paper Feed
10 給紙部
Unit

13

Packaging
20 分包部
Unit

14

S

22
23
R

21

P
121
S
122

M

[FIG.2]8【図３】[FIG.3]
1

14

S

13

22
23

10
16
21

S

15

151
152

R
153

P

121
M

122
124

Control
Circuit
制御回路

9

30

【図４】
[FIG.4]

P

67.5°

M

124
M

121
90°
122

124

124

67.5°

124
M

M
67.5°

IV.

The Structure of the Defendant’s Productabb1

the Defendant's Product is a roll paper used for the Plaintiff’s Device,wherein the Plaintiff’s Device, is an article packaging device,having a cylindrical roll holder rotatably provided around a non-rotational
support shaft, and a core tube of a roll paper is detachably attached to the rollholder;
having a feed roller drawing out heat-sealable packaging sheet from the roll
paper attached to the roll holder;
having Hall element sensors provided at one end side along axial direction of a
support shaft;
having a rotary encoder measuring sheet feed length of packaging sheet drawn
out from the roll paper having the wounded packaging sheet;
having a motor brake applying a braking force to the roll holder; and

b2
b3
b4
b5

10

b6

c
c1

c2
c3

is configured to adjust the braking force of the motor brake applying to the rollholder based on the diameter of the roll paper calculated from the detectedsignals of the Hall element sensors and the rotary encoder, andwherein the Defendant’s Product is,configured in a way that, a plurality of magnets is spaced inside of a core tube
with each other along the circumferential direction at one end side along axial
direction of a cylindrical core tube made of plastic, and, wherein the core tube isconfigured to be detachably attached to the roll holder of the Plaintiff’s Device,wherein the packaging sheet is rolled up onto the core tube,
wherein the magnets provided to the core tube disposed at respective positions
detectable by the Hall element sensors provided at one end side along axial
direction of the support shaft of the Plaintiff’s Device when the core tube is
attached to the roll holder of the Plaintiff’s Device.

11

【 The Defendant’s Product】

Front View

Side View
Packaging Sheet

Packaging Sheet

Core Tube

Core Tube

MagnetPerspective View
Packaging Sheet
Core Tube

Magnet12

【The part of core tube of the Defendant’s Product】(The core tube of the Plaintiff’s Roll Paper)
Plain View

MagnetLeft Side View

Right Side View

Front View

MagnetMagnetMagnetBottom view

MagnetPerspective View
MagnetRear View

13

V.

Whether the Defendant’s Device falls into the technical scope of the Patent

The Defendant’s Product satisfies with all elements of the Patent and falls into
the technical scope of the Patent.

VI.

Summary of the Arguments by Donkey Corp. (Defendant)

1

International Exhaustion

In the case where a patentee in this country or a person equivalent thereto has
assigned a patented product to a third party outside this country, the patentee shall not
exercise the patent rights in this country for said product against the assignee, unless thepatentee agreed with the assignee to exclude this country from the areas of sale or use of
said patented product, or against a third party who has acquired the patented product fromthe assignee and its subsequent assignees, unless said agreement with the assignee has
been made and further it has been explicitly indicated on the patented product.
Since it is not indicated on the Plaintiff’s Roll Paper that Country A is excluded
from the areas of sale or use of the product, Pony Corp. shall not exercise the Patent Rightagainst Pony Corp. for the Defendant’s Product.

2

Modification or replacement of components, etc.

The Defendant’s Product is manufactured by means of winding a packaging
sheet on the used core tube of the Plaintiff’s Roll Paper after the original packaging sheet
have been used up. Because the core tube of the Plaintiff’s Roll Paper is reused as it isand the original packaging sheet of the Plaintiff’s Roll Paper has been used up throughnormal use and no longer exists, either of the core tube or the original packaging sheet of
the Plaintiff’s Roll Paper has not been modified or replaced.
Since the core tube which is made of hard plastic cannot be damaged ordeteriorated before the original packaging sheet is used up, the recycle of the core tube
cannot be assessed that the patented product is reused after it has finished its service alongwith the lapse of its ordinary life as a product.
Further, the distinctive portion of the Invention is to dispose magnets on the coretube of the roll paper so that a rotation angle of the roll paper can be detected by therotation angle sensor ([0005] and [0008] of the Specification) whereas the packaging

14

sheet can be made by using widely distributed materials.
Accordingly, winding the packaging sheet on the used core tube of the Plaintiff’s
Roll Paper is only an act of replacement of a consumable component under the normaluse, and does not change the component that constitutes an essential portion of theInvention. Thus, the identity of the patented product has not been lost.

VII.

Summary of the Arguments by Pony Corp. (Plaintiff)

1

International Exhaustion

Since the Patent Right that Pony Corp. owns in Country A and the Corresponding
Patent Right that Pony Corp. owns in Country B are different, it cannot be regarded as
profiting twice from the same patent even if Pony Corp. exercises the Patent Right inCountry A against the Defendant’s Product. Thus, international exhaustion is notnecessarily constituted.

2

Modification or replacement of components, etc.

The rational that the subject matter for which exercise of the patents right isrestricted based on exhaustion is limited to the original patented product itself which apatentee in this country or a person equivalent thereto sold outside this country is notdifferent from the case of domestic exhaustion which a patentee in this country or a person
equivalent thereto sold in this country. Thus, if a patented product, which was sold outside
this country by a patentee in this country or a person equivalent thereto, has been modified
or its components have been replaced, and as a result, the product can be regarded as anovel production which is not identical to the original patented product, the patentee isentitled to exercise the patent right for this patented product in this country.
The Plaintiff’s Roll Paper is exclusively used for packaging article, the part ofpackaging sheet is a major part of the Plaintiff’s Roll Paper, economic value of thePlaintiff’s Roll Paper is concentrated on the part of packaging sheet, and it cannot beassumed that users wind again a packaging sheet onto the used core tube by themselves.
Considering these factors, the core tube is worthless for users. Thus, it should be evaluatedthat utility as product of the Plaintiff’s Roll Paper is completely lost after using up the
packaging sheet. It should not be evaluated that the act of winding the packaging sheeton the used core tube of the Plaintiff’s Roll Paper is replacement.

15

Reuse of the core tube is not impossible physically. However, the part of the coretube of the Plaintiff’s Roll Paper does not have structure and strength suitable for removal
and it is difficult to secure a quality of the part of the core tube of the Plaintiff’s Roll
Paper when it is used after recycling, because the Plaintiff’s Roll Paper needs to beadapted to the Plaintiff’s Device with a high precision and it is principally assumed thatthe packaging sheet should be used up after it is attached to the Plaintiff’s Device.
Thus, the Plaintiff’s Roll Paper has lost its utility as product when the packaging
sheet is used up, and the act to wind again the packaging sheet on the used core tube of
the Plaintiff’s Roll Paper has lost the identity of the product.

VIII.

Points to note in reviewing the Case・Each country shall review the issue of exhaustion.
・The fact that the Defendant’s Product is the roll paper used for the Plaintiff’s Device isundisputed.
[END]

16