From March 2012 to December 6, 2012, the Defendant registered a patent number G with the Korean Intellectual Property Office of the Republic of Korea and led the victim H to capture of foreign substances in the human body by inserting them into the Korean Intellectual Property Office, thereby promoting the growth of the human body and strengthening the strength thereof. As a medical device that enables the treatment of the surrounding diseases into the human body by inserting them into the human body by inserting them into the human body within the affected area, the Defendant was identical with or similar to the “I” where the victim H had an exclusive license (the name of the product: el, Mad: 27mmm).

Accordingly, the defendant infringed the victim's exclusive license.

2. The defendant and his defense counsel asserted that the infringement of the defendant's patent right at issue in the facts charged of this case constitutes "act before the decision of correction becomes final and conclusive" within the scope of the patent claim, and since the previous patent invention was confirmed final and conclusive as invalid, the defendant's act of this case cannot be regarded as a violation of the Patent Act

3. Determination

A. An invention, the scope of which cannot be deemed to have been described in all essential elements necessary to achieve its effect in the scope of claims for the relevant patent invention, is an invention registered in violation of Article 8(4) of the former Patent Act (amended by Act No. 4207 of Jan. 13, 190) and cannot be recognized even before the decision invalidating the patent becomes final and conclusive. As such, an invention is identical or equivalent to an invention, the scope of which is not recognized.