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(영문) 서울중앙지방법원 2017.09.21 2016가합564305

특허권침해금지 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff filed an application for patent registration as indicated below.

(hereinafter referred to as the "patent of this case"): The filing date of the patent of this case / the registration date of November 3, 200: the name of No. 0405295 on October 31, 2000: the method of packing and the packing paper and packing paper manufactured by such method: The first step for the plaintiff's Claim 1 transparent POP films or the first step for the construction of ALco-rating with the heat of 50 to 100cc; the second step for the PE film of this case to 0 to 30cc with the air conditioners listed above; the second step for the PE film of this case to 0 to 30cc air conditioners in the packing of the PE dried films; the 150 to 30cc high pressure of the PE surface of the PE model to 150cc high pressure of the PE model 50cc high pressure of the PE model ; the 3rd step of the PE model 1 to 30cc high pressure of the py.

B. On August 17, 2007, the Plaintiff filed an application with the Intellectual Property Tribunal (2007DaDa2270) for a trial on confirmation of the scope of the right (affirmative) regarding the invention subject to confirmation as indicated in the attached Table 2. On June 27, 2008, the Intellectual Property Tribunal dismissed the said trial on the ground that the invention subject to confirmation does not fall under the scope of the right because the drying temperature and heating roll temperature are different in comparison with paragraphs 1 and 2 of the instant patent, and the said invention does not fall under the scope of the right (hereinafter “the first trial on confirmation of the scope of the right”).

(2) On August 1, 2008, the Plaintiff filed a lawsuit seeking the revocation of the above trial decision with the Patent Court of Korea (No. 2008Heo9641) on August 1, 2008, and the lawsuit was withdrawn on August 26, 2008 and confirmed as it is. 2) The Plaintiff is to the Patent Tribunal of Korea (No. 2656) on September 5, 2008.