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대구지방법원 2016.09.29 2015가합207567

침해금지 등 청구의 소

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Patents Nos. 1 and 2 of this case completed the registration of the Patents Nos. 1 and 2 of this case (the Patents No. 1 and 2 of this case) with respect to the Patents No. 1 and 2 of this case (the Patents No. 1 and 2).

B. The transfer of the instant patent Nos. 1 and 2 transferred the instant patent right to the Plaintiff Company, and the Plaintiff Company completed the registration of the transfer of the instant patent rights on October 5, 2012.

C. The Defendant manufactured and sold the name “I” with the trade name “H” from September 2009.

【Ground for recognition” without any dispute, Gap evidence 1, Eul evidence 2-1, 3, Gap evidence 4-1, 2, Gap evidence 7-1 through 3, Gap evidence 9-1, 2, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (1) The Plaintiff is a patentee with respect to “D manufacturing method” using “C,” and the Defendant produces D by manufacturing “C” in the same manner as the instant patented invention using “C,” which was supplied for trial use by the Plaintiff around August 10, 209.

(2) For the purpose of avoiding the Plaintiff’s patent for D manufacturing method, the Defendant manufactures “D” by adding a comparison with the Plaintiff during the manufacturing process. This is not only identical to the contents indicated in the claims of the patent for the patented invention of this case, but also constitutes infringement of the Plaintiff’s patent right even in light of the doctrine of equal infringement.

(3) Therefore, the Defendant infringed the Plaintiff’s respective patent rights. Accordingly, the Defendant sought against the Defendant the prohibition of manufacture, production, and sale of “D” using “C” and the payment of damages and non-performance penalty.

B. The Defendant’s assertion (1) does not directly manufacture C and manufactures D using C supplied by J Co., Ltd. (hereinafter “J”)

In addition, K's representative director is generally known as C's manufacturing method.