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(영문) 서울고등법원 2015.07.23 2012나76654
특허침해금지 등
Text

1. The Plaintiff waived the claim of the first instance judgment, including the claim that the Plaintiff changed, reduced, and expanded in this court.

Reasons

1. Evidence 【Evidence】 from A to 19, 23, 27, A 35-1, 2, A 38, B 34, 55, and the purport of the whole pleadings

A. (1) The Plaintiff and the Defendant are both companies that manufacture and sell semiconductor equipment.

Things The defendant was merged with Smers Co., Ltd. on January 3, 2013, and Smers Co., Ltd took over the defendant in this court.

(hereinafter referred to as “Defendant”, including before and after the merger). (b)

(1) The plaintiff has the following patent rights:

(이하, 원고의 특허권의 특허청구범위 청구항 2, 7, 9, 10, 12항의 발명을 ‘제2항 발명’, ‘제7항 발명’, ‘제9항 발명’, ‘제10항 발명’, ‘제12항 발명’이라 하고, 이를 합쳐 ‘원고의 특허발명’이라 한다). ㈎ 발명의 명칭 : 반도체 패키지 건조시스템 ㈏ 특허등록번호 : 제814448호 ㈐ 출원일 : 2003. 12. 12. ㈑ 등록일 : 2008. 3. 11. ㈒ 특허청구범위 중 주요 부분과 주요 도면은 별지2 기재와 같다.

The elements of the claim 7 of the Plaintiff’s patent right are as follows.

(A) For the purpose of building an individual semiconductor package which has gone through cutting and washing process, a semiconductor fashion system is (B) installed in a mobile frame installed in accordance with a single direction axis; (c) installed in a mobile frame; and (d) installed with the inner part of the inner part of the outer part of the semiconductor package installed in a number of inner part of the outer part of the semiconductor package; and (d) delivered a semiconductor package for the purpose of building a semiconductor fashion which has been built in the inner part of the outer part; and (d) delivered a semiconductor package which has been built in the outer part of the semiconductor package to transfer it to the next process; and (e) the Plaintiff’s claim 10 of the patent claim 10 is a dependent claim 7, and includes the following elements as a constituent element of the elements under 7:

(E) at the center of both the wheel displays, consisting of a revolving, on the upper side of the wheel;

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