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(영문) 서울중앙지방법원 2014.01.24 2012가합69550

손해배상(기)

Text

1. The part of the claim for prohibition against the plaintiff (Counterclaim defendant) in the principal lawsuit shall be dismissed.

2. The plaintiff (Counterclaim defendant)'s remaining principal claim.

Reasons

1. Basic facts

A. The Plaintiff’s patent is the patent holder of the following patent (hereinafter “instant patent invention”).

1) The title of the invention: the filing date / the registration date / the registration number: February 4, 2010 / the claim(s) No. 941950 3) as indicated in the “patent claim(s)” in the attached Form(s) (hereinafter “claim(s) 1, 3, and 7) shall be referred to as “instant Claim(s) 1, 3, and 7.”

(B) The Defendant’s product is a projector control device that controls vehicles’ electronic control (ECU) from Italy’s “BRas Equipe management” company (hereinafter “Defendant’s products”).

A business imports and sells finished products in the form of finished products. [The facts that there is no dispute over the basis for recognition, Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.]

2. The assertion and judgment

A. The summary of the plaintiff's assertion (the main claim) 1) The defendant is the defendant's execution product, which has all the elements of the invention in the first, third, and seven inventions in this case, prosperity Co., Ltd. (hereinafter "portal transport").

(ii)Korea Fair Trade Corporation (hereinafter referred to as “Korea Fair Trade Corporation”);

(2) According to Article 126 of the Patent Act, the Defendant is obligated not to produce, use, transfer, lease, or import the patented invention of this case and any other articles similar thereto, or to exhibit them for the purpose of offering to assign or lease, or to assign or lease them, and is obliged to compensate the Plaintiff for damages arising from the infringement of the patent right pursuant to Article 750 of the Civil Act.

B. The summary of the Defendant’s assertion (Counterclaim Claim) 1 does not include resistance and quarter among the elements of the instant Claims Nos. 1, 3, and 7, but does not fall within the scope of the right to the instant Claims Nos. 1, 3, and 7.