Ongoing dispute centers on thermally erasable writing tool;
Crown seeks claim invalidation and non-infringement ruling
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| (Source: https://www.pilotpen.eu/our-products/frixion/) |
By PatenTrip
Pilot Corporation of Japan and South Korea's Crown Ball Pen have launched a legal battle over the patent for a thermally changeable color writing tool, designated as KR1495366.
The patent, originally filed by Pilot Ink but later transferred to Pilot Corporation, covers a writing tool with thermally changeable ink that allows users to modify or erase marks through frictional heat.
Crown Ball Pen initiated a challenge in September 2024 by filing an invalidation trial with the Korean Intellectual Property Trial and Appeal Board (KIPTAB) against claims 29 and 33 of Pilot's patent.
In a simultaneous move, Crown Ball Pen also filed a confirmation of scope trial against claim 29 in October 2024, seeking a ruling that its own products do not infringe on the disputed claim. Although non-binding, such a ruling could significantly influence the course of the dispute.
The repeated attention on claim 29 suggests it is at the heart of the disagreement, especially given that Crown Ball Pen has withdrawn similar confirmation of scope trials on three prior occasions.
The first trial, filed in November 2023, was dismissed in September 2024, during which Pilot briefly pursued, then withdrew, a correction trial on the patent.
Following this, Crown Ball Pen filed the latest scope confirmation request on October 15, only to withdraw it the next day. The company filed again on October 16 but withdrew once more on October 22, before submitting another confirmation request on October 25.
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| (Source: PILOT CATALOGUE 2023-2024) |
By PatenTrip
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