Summary of Judgement
1. Main Text
(1) The Defendant shall not manufacture or sell the product in the List
appended to this judgment.
(2) The Defendant shall dispose of the product in the List appended to thisjudgment.
(3) The Defendant shall pay the Plaintiff 500 million yen and delinquency
charges at the annual rate of 5% from December 13th, 2019 to the date offull payment.
(4) The Defendant shall bear the court costs.
(5) This judgement may be provisionally enforced as far as paragraphs 1 and 3
are concerned.
2. Literal Infringement
The “FRP thread member” in Element C means an FRP thread member
passing through the plurality of through-holes provided in the bonding portion of
the metallic outer shell member. An FRP thread member that passes throughonly a single through-hole is not included in the above meaning.
Therefore, the Defendant’s Product wherein a single strip passes through onlya single through-hole does not fulfill Element C.
3.

Infringement under the Doctrine of Equivalents(1) Fulfillment of Requirement 1

A The essential parts of the Invention
The Invention has achieved its objective of enhancing the bonding strengthbetween the metallic outer shell member and the FRP outer shell member which
are made from different materials thorough the following two features:(a) “interposing” a thermoset FRP thread member which is well-adhesive to
the FRP outer shell member between the FRP outer shell member and themetallic outer shell member;(b) making the FRP thread member “hook” the metallic outer shell member.
(The FRP thread member passes through the through-holes provided in themetallic outer shell member and takes the form of “hooking”. Then, the FRP
thread member is thermally cured to maintain the shape and “hook” themetallic outer shell member)

These two features are not seen in the existing technology.
Accordingly, the essential parts of the Invention lie in the structure of“interposing” the FRP thread member between the FRP outer shell member andthe metallic outer shell member and “hooking” the metallic outer shell by the FRP
thread member which maintains a shape of passing through the through-holes
after having heat added.
Furthermore, even if the Invention changes its structure such that the FRP
thread member is divided into pieces and each piece of the divided FRP thread
member passes through a single through-hole provided in the metallic outer shellmember, there is no change in terms of “interposing” an FRP thread member
between the FRP outer shell and the metallic outer shell and thereby “hooking”
the metallic outer shell member by the FRP thread member. Therefore, in termsof eliciting the effect of the Invention, it has no relevance whether an FRP thread
member passes through multiple through-holes or a single through-hole.
Accordingly, the structure in which an FRP thread member passes throughmultiple through-holes is not an essential part of the Invention.
B The Defendant’s Product
The Defendant’s Product can be deemed to possess the above-mentioned twoessential parts of the Invention.
The Defendant’s Product consists of the multiple FRP strips corresponding tothe FRP thread member of the Invention. Each FRP strip is thermally cured to“hook” the metallic outer shell member. Moreover, the metallic outer shellmember is bonded with the FRP outer shell member by the “interposed” FRPstrips. In this manner, the Defendant’s Product can be regarded as having twofeatures, “interposing” and “hooking”, which are essential parts of the Invention.
Accordingly, the Defendant’s product fulfills Requirement 1 of the Doctrine ofEquivalents.
(2) Fulfillment of Requirement 2
As per above-mentioned (1), even if the Invention changes its structure suchthat an FRP thread is divided into pieces and each piece of the divided FRP
thread member passes through a single through-hole provided in the bonding
portion of the metallic outer shell member, it would still have the same function
effect of enhancing the bonding strength between the FRP outer shell member
and the metallic outer shell member as the Invention.

Accordingly, the Defendant’s Product fulfills Requirement 2 of the Doctrine ofEquivalents.
(3) Fulfillment of Requirement 3
The Defendant’s Product has a different structure from the Invention in termsof each of multiple strips passing through a single through-hole in the metallic
outer shell member. However, this structure of having each of plural FRP thread
members pass through a single through-hole, in terms of being a structure that
produces the effect of the Invention, can be deemed as being a commonplacestructure that does not require ingenuity. Therefore, a person ordinarily skilled in
the art could have easily conceived of replacing the structure in the Invention withthe structure in the Defendant’s Product.
Accordingly, the Defendant’s Product fulfills Requirement 3 of the Doctrine ofEquivalents.
(4) Fulfillment of Requirement 5
The amendment made by the Plaintiff was merely intended to clarify themeaning of “FRP thread member maintaining a shape of passing through theplurality of the through-holes”. The plaintiff had no intention to narrow the scopeof the claim by this amendment. Furthermore, Paragraph [0015] of the description
does not describe a structure such as that of the Defendant’s Product. Thus, itcannot be said that the structure of the Defendant’s Product was intentionally
excluded from the claim.
Accordingly, the Defendant’s Product fulfills Requirement 5 of the Doctrine ofEquivalents.