AIP, on behalf of Company R, a manufacturer specializing in kitchen appliances, requested a defensive confirmation trial for the scope of rights having the household yogurt fermenter shown in the above drawing produced and sold by Company R as the subject invention, claiming that it was not within the scope of the rights of Company H’s patent since the subject invention and the patent had different element and method of fermentation. The court accepted AIP’s argument and decided that the subject invention does not fall within the Company H’s scope of right, and the decision was affirmed in the Patent Court as well as in the Supreme Court.