１．Background

Company X holds a patent right to a product with a characteristic mechanism. Company X sought to demand the injunction of Company Y's manufacture and sale of a product and compensation for damages arguing that the manufacture and sale of the product constituted an infringement of Company X's patent right. But Company Y insisted that their product did not fall within the technical scope of Company X's patented invention, and no agreement was reached between the two companies. Thus, Company X applied for mediation.

２．Purposes of the application

Company X, the applicant, sought to demand from Company Y an injunction of the manufacture and sale of the product infringing on Company X's patent rights and payment of reasonable license fees for past infringement of the patent rights.

３．Arguments of the respondent

Company Y, the respondent, claimed that they have not worked Company X's patented invention and not infringed on Company X's patent right.

４．Point in dispute

The point in dispute was whether or not specifying a product by a manufacturing process recited in the claim affects the determination as to whether or not Company Y's product falls within the technical scope of Company X's patented invention.

５．Conclusion

The dispute was resolved amicably through a compromise reached by the parties.

６．Characteristics of this case

This is a case in which the opinion of the mediators was respected by both the parties and the case was settled through compromise. It is thought that the mediation was more beneficial to the parties in terms of time and costs than filing a suit.