beta
(영문) 서울중앙지방법원 2017.11.03 2016가합525478

특허침해금지등 청구의 소

Text

1. The defendant,

(a) not produce, use, transfer, lend, import, or exhibit the goods listed in the Annex;

Reasons

1. Basic facts

(a) The Plaintiff’s patent invention 1) title: D2) filing date/registration number: E/F/G 3: patentee: claims / [claim 1] (hereinafter referred to as “instant patent invention”) / strawer’s free will added to the earth wall in accordance with the method of construction / strawer’s string (earth Ancor), which is supported by horizontal lines combined with the side of the earth wall above, in order to fix the free will of poper inserted into the earth wall: 2 strings (electricboard), which are composed of two strings (class 1); 1 2 strings (class 2); 1 2 strings (unit 2); 1 strings (unit 4); 1 strings and 3 strings: 1 : 3 strings and 4 strings and 1 strings and 5 strings and 1 strings and 5 strings.

B. The Defendant’s product manufactures, lends, or sells fish and spoppy diskettes (p302, J303, J353, and J402) in the name of the goods listed in the [Attachment List] [J-SERIS] product” (hereinafter collectively referred to as “Defendant’s product”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-4, 10-12, 15, 16, 18, 20, 21, 24-37, the fact-finding inquiry results by the court of this case, and the purport of the whole pleadings

2. Whether the patent has been infringed;

A. 1) The Plaintiff’s alleged product contains all the elements of the instant patent invention. As such, the Defendant infringed the Plaintiff’s patent right. 2) The Defendant’s alleged product did not form a saw, unlike the instant patent invention.

The survey board of the defendant's product is only composed of a "selective line".

The defendant product of this case.