손해배상(지)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The Plaintiff’s patent registration Plaintiff (hereinafter “D Co., Ltd.” and “Co. A”) registered each patent indicated in the Plaintiff’s patent list as shown below (hereinafter “each of the instant patents”). Among them, E Co., Ltd. was registered as “instant 1 patent” and “F Patent” as indicated in the following table.
A patentee of the patent number invention on the filing date of the filing date of the patent application, the inventor GH EI, JK LF M Plaintiff J
B. The Plaintiff and Nonparty C Co., Ltd. 1) around June 201, 201, the Plaintiff is a stock company C (representative N, hereinafter “C”).
A) In addition, the instant patent-related non-exclusive license agreement was concluded with C, and around May 21, 2014, C terminated the instant contract on the ground that C would not pay a license fee properly. However, C is a product listed in the separate sheet 2 (hereinafter “instant infringed product”) using each of the instant patents even after the termination of the contract, even after the termination thereof.
(2) On June 5, 2014, the Plaintiff filed a lawsuit against C, including damages for patent infringement, with the Seoul Central District Court (2014Kahap80442). On June 5, 2015, the said court rendered a partial decision of rejection on the ground that C continued to produce and sell each patent right of this case by using each patent of this case, even though the non-exclusive license agreement concluded between C and the Plaintiff had been terminated, and on September 4, 2015, the said decision was approved. 3) On June 16, 2014, the Plaintiff filed a lawsuit against C, the Seoul Central District Court (2014Kahap5415999) against C, and the said court recognized the Plaintiff’s claim against C for damages for infringement of the patent right of this case as well as the Plaintiff’s claim for damages for infringement of the patent right of this case (2014Kahap51599) and C) on the same grounds as the aforementioned paragraph 1).