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(영문) 서울중앙지방법원 2012.04.27 2011가합4396
특허권침해금지 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s patented invention has the following patent rights.

(1) Registration number: Title of the C (2) invention: Date of application of D (3) / Date of registration: Claims and drawings of E/F (4): as shown in attached Form 1.

(hereinafter the plaintiff's patented invention "the patented invention of this case", and "paragraph (1) of the patent invention of this case" of this case Na.

Defendant’s products are manufacturing and selling products indicated in attached Form 2 “Defendant’s implementation products” (hereinafter “Defendant’s implementation products”) by companies that carry on the manufacturing and selling of food and packaging machinery.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, and 10 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion (1) The Defendant’s working product contains the elements of the instant patent invention.

However, the patented invention of this case is a structure that combines the upper part of a stiffe-type stiffe-type stiffe-type stiffe-type stiffe-type stiffe-type stiffe-type stiffe-type stiffe-type stiffe-type stiffe-type stiffe-type stiffe-type stiffe-type stiffe-type stiffe-type stiffe-type stiffe-type stiffe-type stiffe-type stiffre

Therefore, the defendant who infringes the plaintiff's patent right shall not manufacture or use the defendant's working product pursuant to Article 126 of the Patent Act. The defendant shall discard the already manufactured product and the production facilities used in the manufacture of the products. The defendant's infringement is liable to pay 100 million won and damages for delay to the plaintiff due to damages caused by the infringement.

(2) Interpretation of claims.

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