손해배상(기)
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
1. Case summary and the presumed factual basis
A. The summary of the instant case pertains to the Plaintiff’s claim that “the method of changing the phone number by analyzing the content of the message and the end of the mobile network in which the method was stored,” alleging that the app for Smartphone (AP) in the name of G that was distributed by the Defendant against the Defendant infringed on the Plaintiff’s claim 5 among the Plaintiff’s patented invention, thereby seeking compensation for damages (165 million won) based on tort due to patent infringement (165 million won) and damages for delay.
The first instance judgment dismissed the Plaintiff’s claim on the ground that the app produced and distributed by the Defendant falls under the publicly known art or the case where a person with ordinary knowledge in the art can easily implement it from the publicly known art, and the Plaintiff appealed against this.
나. 전제된 사실관계 【증거】갑1, 2, 3, 갑7의 1, 2, 갑10의 1, 을10, 11, 12, 13과 변론 전체의 취지 (1) 원고의 특허권 ㈎ 원고는 다음과 같은 특허권을 가지고 있다.
(1) Patent registration number: Name of the D. (2) invention: C. Date of application / Date of registration: E/F (4) No. 5 of the claims are described in attached Form 1.
(hereinafter referred to as “Plaintiff’s patented invention”). (5) Drawings: The same shall apply to the indication of drawings (attached Form 1).
㈏ 원고 특허발명의 구성요건은 다음과 같다.
(A) The method of changing the phone number (B) to inform the user of the change of the phone number by comparing the search key from the content of the data stored at the end of the mobile phone and the received message (referring to the short message of the mobile phone called the “e-mail”). (C) to extract the search key by analyzing the above contents of the message, the individual address is recorded from the address record at the end of the mobile phone using the search key.