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(영문) 서울고등법원 2015.07.24 2012나99893 (1)

특허전용실시권 침해금지 청구

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff’s patent right has the following patent rights as a company running the information provision business using the Internet.

(hereinafter “instant patent.” At the time of September 1, 2009, the Plaintiff obtained the exclusive license for the instant patent from B, C, and D, a joint patentee of the instant patent, until August 31, 2012. On June 22, 2012, the name of the invention: E2) filing date of application/registration date/G/H3: Claim No. 1 as described in attached Table 1 (hereinafter “instant Claim No. 1”; Claim No. 4, as described in attached Table 1, is “instant Claim No. 4,” and Claim No. 4

(iv) Major drawings: as shown in Appendix 1, 1, 2, and 6.

B. The main contents of the Defendant’s implementation system and method 1) are the real-time risk management and control system for online stock transactions and loans, consisting of crypt computers, server 1 installed in a lending financial institution, and server 2 installed in the securities company system, from around 2009 to one Capital Co., Ltd. (hereinafter “Defendant’s implementation system”).

(1) The supply was made by one Capital Co., Ltd., and the method of entry in the separate sheet No. 3 (hereinafter referred to as “the Defendant’s implementation method”).

A) The online stock security loan project was implemented using the Defendant’s implementation system under the name of “I&S theory,” and the Defendant receives a fee for use (hereinafter “Defendant’s implementation system and method”), including the Defendant’s implementation system and Defendant’s implementation method.

(ii) Major drawings: as shown in the annex No. 1 and No. 2.

[Ground of recognition] without any dispute, Gap evidence No. 1, Gap.