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(영문) 서울중앙지방법원 2016.07.15 2015가단5293581
손해배상(지)
Text

1. The Defendant’s KRW 40,808,50 for the Plaintiff and KRW 20% per annum from August 28, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. The Plaintiff’s patent right is a patentee with respect to the following patented inventions, namely, “a observer for storage or cooking.”

(1) Patent registration number: 10-0509521 (2) the international filing date / the priority filing date/ the translation submission date/ the registration date: March 30, 2000 / March 31, 199 / September 28, 2001 / the filing date of registration. 3. The scope of claims and the main drawings of August 12, 2005 are as shown in attached Table 2.

B. Since its establishment on June 4, 2010, the Defendant produced products listed in attached Form 1 (hereinafter “Defendant products”) under the name of “KHC-818E”, etc. in Korea and sold them to scarria Co., Ltd. (hereinafter “Scarria”).

C. Cited Invention 1(A) / Publication / Registration Number: On July 21, 1998: Name of the U.S.-registered Patent Gazette/5,783,803(b)(FOD WAMING APPARUSC): Major drawings of food-resistant appliances (FOD WAO APPAS) : as shown in attached Form 3(1).

2) On December 14, 1993, the date of the publication / Publication / Registration Number: Name of the U.S.-registered Patent Gazette / the 5,269,217B: Food and drinks for Kapeta, Lestop, etc. (FOD WAR MING MESS CAFEESIS, RES RESTIE) main drawings: as shown in attached Form 3(2).

3) Cited Invention 3 ACCH (U.S. P.C.) is identified in the thesis of the title "Hatat Sink Republicv" published and distributed in around 1981 by Cereal Chemistry Vol. 58, No. 4, 1981, published in the 1981, as it is identified in the thesis of "Hatk Republicven".

Drawings shall be as specified in attached Form 3 (3).

On January 28, 2013, the Defendant rendered a request for invalidation trial against the instant patent invention under the Intellectual Property Tribunal No. 2013Da214 on January 28, 2013, but the said request was dismissed on April 30, 2013.

Accordingly, on May 23, 2013, the defendant filed a lawsuit seeking the revocation of the above trial decision with the Patent Court.

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