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(영문) 서울중앙지방법원 2017.04.07 2016가합525072

특허권침해금지 등 청구의 소

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1. The defendant shall manufacture, use, transfer, lease, import, or transfer or sell the products listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff’s patented invention is a company that manufactures and sells cosmetics, and is a patentee of the following patented inventions (hereinafter “instant patented invention”).

1) The title of the invention: The filing date/application number of the cosmetic 2, including the shot pumps from which the cremation was loaded: The filing date/patent number: March 24, 2011; / the registration date/patent number: April 17, 2013; 1257628/4); at the time of the filing of the patent application, the claim 1 included “cosmetic including the shot shot shots, which caused the chemical charge by the chemical charge by the chemical charge by the chemical charge, and the network type structure by the chemical charge.” However, in the case of the trial on May 27, 2013, 199 against the Plaintiff, the Korean Intellectual Property Trial and Appeal Board, which filed against the Plaintiff on March 24, 201, issued a correction request with the Plaintiff on May 1389, 201, and the Korean Intellectual Property Trial and Appeal Board, upon the Plaintiff’s request for correction to the effect that “the Plaintiff used the chemical charge by the Gu” was corrected 14.

After that, on November 17, 2015, the Korean Intellectual Property Office made a corrective publication by an invalidation trial.

(A) Claim 1 (hereinafter referred to as the " Claim 1 invention of this case") 【 Claim 1 (hereinafter referred to as the " Claim 1 invention of this case") , including cosmetics including tepoolsl and eporasl uniforms with a tepool structure with a tepool-type structure (claim 2 was deleted, Claim 3 through 9 omitted).

B. The Defendant’s products are a company engaging in the manufacture, sale, etc. of cosmetics, and each of the Defendant’s products listed in the separate sheet (hereinafter “Defendant’s products”) produced Nos. 1 (hereinafter “Defendant 1”) before December 31, 2015, and produced and sold the same list Nos. 2 (hereinafter “Defendant 2”) before October 31, 2016.

C. Prior inventions 1.