특허권이전등록 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff limited liability company A (hereinafter “Plaintiff”) is a company that has an exclusive license as specified in the following table with respect to each patent right listed in attached Table 1 (hereinafter “instant patent right”). Defendant B and Defendant C Co., Ltd. (hereinafter “C”) are co-owners of the instant patent right at present.
On the other hand, E is a director of the Plaintiff Company, and F is a company operated by Defendant B, and G was an employee of F.
Attached Form
2 H Scope of the existing exclusive license period for the Plaintiff’s patent registration number: Jeonnam-do, Jeollabuk-do, Gwangju Metropolitan City 3 I on November 1, 2016 from June 20 to July 26, 2026 to November 1, 2026, Jeonnam-do, Jeollabuk-do, Jeollabuk-do, Gwangju Metropolitan City 4 J from November 30 to October 31, 2027, Jeonnam-do, Jeollabuk-do, Gwangju Metropolitan City, and Gwangju Metropolitan City.
B. On February 20, 2018, the Plaintiff Company entered into a contract with Defendant B, and the Plaintiff Company without compensation for the acquisition of 30/100 shares of the patent right of this case from Defendant B (hereinafter “instant acquisition contract”). At that time, E and G were present.
C. Around April 2018, the Plaintiff Company and the Plaintiff Company paid a certain amount of consideration, such as usage fees, to Defendant B, and Defendant B entered into a contract to extend the period of exclusive license of the instant patent owned by the Plaintiff Company by the expiration date of each patent right (hereinafter “instant extension contract”). At the time, the Plaintiff Company did not consent to K Co., Ltd. (hereinafter “K”) that was the co-owners of the instant patent right.
Meanwhile, the instant patent right was first registered by Defendant B, and was entirely transferred to Defendant B on January 23, 2016 and March 30, 2017, and was entirely transferred to Defendant B on January 30, 2018, and on March 30, 2018, K renounced its share on June 28, 2018, and partially transferred to Defendant C on July 4, 2018.
The transfer contract of this case, the extension contract of this case, and the transfer of shares of this case are arranged in order of time.