특허법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal lies in the scope of the right to claim a patent invention as stated in the attached Table E (hereinafter “patent invention of this case”) as stated in the victim E’s attached list, and thus, the Defendant who manufactured and sold the invention constitutes a violation of the Patent Act, but the lower court acquitted the Defendant without reasonable grounds. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is that the Defendant operates D in Yongcheon-si, Youngcheon-si.
From May 201 to June 2013, the Defendant infringed the victim’s patent right by misappropriation of the patent right holder’s “H” registered with the Korean Intellectual Property Office of the F.F. as G with the registration number of the patent holder, and by producing and selling approximately KRW 1,500,000,000 at the market price.
B. The lower court determined that: (a) the instant patent invention consists of paragraphs 1 through 4 of the claim; (b) the claim is merely an additional element on the premise of recognition under Paragraph 1 of the claim; and (c) the Defendant et al. filed a claim against the victim for invalidation of registration under Paragraph 1, 3, and 4 of the instant patent invention (304, 665 per 2014), and the Korean Intellectual Property Tribunal rendered a trial decision accepting the claim on the ground that “the registration under paragraphs 1 and 4 of the instant patent invention should be invalidated; and (c) the instant patent invention does not fall under the scope of the patent right; and (b) the Defendant filed a claim with the Korean Intellectual Property Tribunal to confirm that the instant patent invention does not fall under the scope of the patent right of the instant invention, but does not fall under the scope of the patent right of Paragraph 2 of the instant patent invention.