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(영문) 서울중앙지방법원 2016.12.09 2014가합594609

특허침해금지

Text

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

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

Reasons

1. Summary of the parties' arguments

A. The Defendant infringed the Plaintiff’s patent right by using the Plaintiff’s patented invention (registration number No. 10-1389766) in the university essay marking service.

B. The Plaintiff’s patented invention is null and void due to lack of inventive step and flexibility.

In addition, the invention performed by the defendant can be easily implemented from the publicly known art, and there is a significant difference between the plaintiff's patented invention and the composition of the invention, and it does not fall under the scope of the right to the plaintiff'

2. Determination (whether the plaintiff's patented invention has inventive step)

A. The name of the Plaintiff’s patented invention (No. 2, No. 2, No. 15 (No. 15) (1): The filing date of the grading system and method using the cans file / the registration date / the registration number: April 25, 2012 / the summary of the invention of No. 10-138976 (3) on April 22, 2014 is about the grading system and method using the cans file.

The marking of the answer sheet for the previous subjective test is marked in several times by the grading person, so it is difficult to maintain the security as well as the cost and time, there is a possibility of an error due to water works, and there was an inconvenience in the management that should keep the original or copy of the answer sheet for a certain period.

In order to overcome these problems, this invention is intended to provide string files compiled by editing can files created after creating a can file in the answer sheet in the form of a subjective descriptive test site, and to automatically analyze the marking results and calculate the result by automatically analyzing the marking results, and to reduce unnecessary costs and hours, to ensure the reliability and fairness of marking, to maximize the accuracy of marking results, to maximize the security of the answer sheet, and to minimize the risk of loss or damage to the answer sheet.

(4) The claim(s)(s) No. 1 of the claim(s) (amended by September 25, 2015) refers to a can file.