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(영문) 인천지방법원 부천지원 2017.04.21 2016고단1431

업무방해

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant is a person who manufactures and sells health-unused apparatus under the trade name of “Co., Ltd. E” (hereinafter “E”) in Kimpo-si, Kimpo-si, and the victim F is a person who manufactures and sells health-unus apparatus from the second floor of Seongdong-gu Seoul Metropolitan Government to H (hereinafter “H”). The Defendant and the victim sell sabs or sabs using a health cosmetic, both of which are healthy beauty equipment.

On the other hand, on February 22, 2011, the Defendant registered a patent to “J” as Patent I. On July 26, 2013, the Defendant registered a patent to “L” as Patent K, and the said L was equipped with a device for supplying oxygen or hydrogen to private letter.

In addition, on November 28, 2011, the victim is called “N” (hereinafter “N” of this case) by patent M.

After the patent registration was filed for the H regional business stores, etc., the instant private letter or ice was sold, and the instant private letter or ice had a oxygen generating machine that can be supplied inside the lux.

However, on June 23, 2015, the Patent Tribunal rendered a decision on invalidation of a patent on the ground that the nonobviousness could be easily claimed by a person with ordinary skills by combining prior inventions prior to the patent application, and that the nonobviousness of the patent is denied on the ground that the patent has been rendered by the said person with respect to the said patent that he/she had the victim with respect to the instant letter or ice.

In order to prevent the victim from selling the instant letter or ice any longer, the Defendant, as seen above, with respect to the patent owned by the victim of the instant letter or ice, the Defendant, as well as H regional business operators and the customer using the instant letter or ice, to make a partial invalidation trial decision on the patent held by the victim with respect to the instant letter or ice.