(영문) 서울중앙지방법원 2015.2.17.선고 2013가합546931 판결

2. The Defendant must take measures to prevent the distribution and use in Korea of the database listed in [Attachment 1. List 2], as to the server listed in [Attachment 1. List 2].

3. The costs of lawsuit shall be borne by the defendant.

4. Paragraphs 1 and 2 of this Article may be provisionally executed.

Purport of claim

The same shall apply to the order.

Reasons

1. Facts of recognition;

A. Status of the parties

As a patentee of the instant patent invention described below, the Plaintiff is a domestic corporation that runs an information and communications business, a terminal sales business, and a leasing business. The Defendant is a foreign corporation that has an address in Cyprus, which is a foreign corporation that is located in the website operated by the Defendant (hereinafter “Defendant homepage”) through the http:/www.6ber.com (hereinafter “Defendant homepage”) of the Defendant’s website, through the wired and wireless Internet, distributes “Bber (Viber)” (hereinafter “Viber”) 1 (hereinafter “Bber app”) as indicated in the list No. 1.

B. Patent of this case

1. Name of invention: The mobile communication ston service with the function of reorganization of address records for the ston service and the method of reorganization of address records using this function; and

2) 출원일 / 출원번호 : 2006. 2. 7. / 제10-2006-0011693호 3) 등록일 | 등록번호 : 2007. 2. 6. / 제10-681926호

4) Claim(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s))

A) The mobile communications end with the function of reconforming the address register for the instant claim 1 (hereinafter referred to as “instant claim 1”) with the function of organizing the address register for the instant claim 1 (hereinafter referred to as “instant claim 1”) as the address register for the instant mobile communications short-term service, which controls the overall action at the above end of the mobile communications to reconform the above part of the address register for the instant mobile communications short-term, as the address register for the instant

1) As set out in Section 1.1 of annex 1.2, the Plaintiff is limited to the Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod. Pursuant to the above control part; the Plaintiff defines at least one of the above Rod Rod Rod Rod Rod Rod Rod Rod Rod.

(B) In Claim 4(hereinafter referred to as the “ Claim 4(s)(hereinafter referred to as the “instant Claim 4”), the said four-dimensional editing book is a key pen which serves as the basis for the search of address records among the multiple pens of address records extracted by the register of commercial data extraction, and is characterized by arranging it in accordance with the criteria set out in the above key pen and storing it in the above body book on the basis of the above key pen.

C) In Claim 5(hereinafter referred to as “ Claim 5(2)(hereinafter referred to as “instant Claim 5”), the standard set up in the above data editing book with the characteristics of one of the Ghana, Alphameral order, alphathal order, numeral order, or any of the combinations thereof.

D) In any of the claims in paragraphs 2 through 5 of paragraph 6 (hereinafter referred to as "claim 6 of this case"), a mobile communication terminal that features the user's name, which serves as the basis for extracting a specific user's bar code from among the two or more address records at the time of search of address records.

E) Claim 7 (hereinafter referred to as “instant Claim 7”) is the method of reconforming the address register using the mobile phone for the ston service (hereinafter referred to as “preconcing part”), which is the method of reconcing the address register using the mobile phone for the ston service, the above mobile phone shall include the meri which stores multiple users’ personal information (hereinafter referred to as “concing 1”) and (a) the stage of defining the address records consisting of at least one parcel required by the above ston’s address register (hereinafter referred to as “concing 2; (b) the above stage of defining the address records consisting of at least one parcel; and (c) the above stage of storing the relevant information from the meri on the basis of the meri as defined in the above sub-paragraph (a) above, separately from the address records stored in the meri; and (c) and at least one of the above stage of editing (hereinafter referred to as “conc. 4) the meriation method.”

F) Claim 10 (hereinafter “instant Claim 10”)

In paragraph 7, the above-mentioned level shall be set up in the KIKO, which serves as the basis for the search of an address record, among the multiple pens of the address records extracted at the above-mentioned sub-paragraph (b); and the reconforming of the address records with characteristics, which are arranged in accordance with the criteria set out in the above-mentioned key pen code and stored in the above domains; and

g) In Claim 11(hereinafter referred to as " Claim 11(hereinafter referred to as " Claim 11(s) of this case"), the above key is an employer's name that serves as the basis for extracting a certain user's recreation code out of multiple addresses records at the time of search of multiple addresses records, and at the above c) stage, in accordance with the criteria set out in the above multiple addresses records, the name of the user who is the pen of each of the above multiple addresses records shall be Ghana, Alpha(s) order, alpha(s) order, or one of these combinations, with a characteristic of arranging the above multiple addresses records in accordance with any one of those standards.

On February 17, 2005, the Patent Gazette No. 2005-4587, which was disclosed in Japan on February 17, 2005, is an invention on the control method of hosting windows at the end of the personal information base. It is uniform to resolve inconveniences that pictures to be displayed on the hosting screen overlap are to be registered (see subparagraph 3, 009, referring to the identification number No. 3, 009), and when receiving a hosting machine from a cell phone, the user’s name registered on the telephone number book and the method of displaying the digital camera photograph on the screen exclusively used for printing (see subparagraph 3, e.g., the identification number [026] [035]], and the main drawings are as shown in the attached Form No. 3.1.

2) Cited Invention 2 (refer to the evidence No. 4)

On June 10, 2004, the publication of an international patent application was made public by WT 2004/049130, and is an invention on the method of obtaining information on the address record from the communication system. A request for inquiry of contact information on a server using the identification number of the other party, and when receiving contact information from the server, a composition of adding contact information to the user’s address record of the device (see subparagraph 4 of this Article) is stated (see subparagraph 4 of this Article), and the main drawings are as shown in attached Form 3.2.

3) comparable invention 3 (refer to the evidence No. 5)

On April 8, 2004, an invention on MyS QL, which is a data management program, is made public through the "Modern Marys QL". In addition, the structure of trinscing techniques and Alterable order terms is included.

4) Cited Invention 4 (see Evidence No. 34)

On October 10, 2005, the Patent Gazette was disclosed by No. 10-2005-0097687 on October 10, 2005, and is an invention on the method of storing a record of address at the end of the mobile communications short-term terminal. The main contents and drawings are as shown in attached Form 3.3.5) Added Invention 5 (See Evidence 35)

On August 3, 2005, the Patent Gazette was disclosed by No. 10-2005-0077805 on August 3, 2005, and is an invention on the search of smart dial content, including mobile phones. The use of contact information at the time of search.

The composition of searching contact information using information, such as numbers and letters entered by the person is recorded. The main drawings are as shown in attached Form 3.4.

6) Cited Invention 6 (see Evidence No. 36)

On July 31, 2003, the Japanese Patent Gazette (2003-219013), which is disclosed in Japan, is an invention on the data management software program for telecommunications short-term data. There is a description of the system providing back-to-date data in the telephone number database installed as a mobile phone terminal. The main drawings are as shown in attached Form 3.5.

D. On October 24, 2014, the Defendant filed a petition against the Plaintiff for a trial to invalidate the instant patent invention as the Intellectual Property Trial and Appeal Board (2014Da1070). On August 22, 2014, the Intellectual Property Trial and Appeal Board dismissed the Defendant’s patent name on the ground that the instant patent invention does not constitute lack of specification and does not constitute non-obviousness and non-obviousness. As to this, the Defendant filed a lawsuit to revoke the said trial decision under the Patent Court Decision No. 2014No7615, Oct. 24, 2014.

[Reasons for Recognition] Facts without dispute, Gap's statements, Gap's statements, Gap's 1, 2 through 5, 9, 11, 15, 16, Eul's statements, Eul's 3 through 5, 34 through 36 (including each number; hereinafter the same shall apply), and the purport of the whole pleadings;

A. From around December, 2010 to May, 2010, the Defendant used the same method as indicated in [Attachment 1 and 3] on the Defendant’s website, the Defendant distributed the server app via the wired and wireless Internet in the Republic of Korea, as well as provided the mobile service, such as the mobile scam, and the voice call (m-VoIP) via the server listed in Attached 2.2 (hereinafter “Defendant server”).

B. However, the defendant's above act constitutes an indirect infringement (Article 127 (2) 1 of the Patent Act) on the part of the patented invention of this case (Article 127 (1), 4, 5, and 6 of the Patent Act). ② The defendant's act constitutes a claim on the part of the patented invention of this case (Article 7, 10, 11 of the Patent Act) and constitutes a direct infringement (preliminary assertion) or an indirect infringement (Article 127 subparagraph 2 of the Patent Act) on the part of the claim on the method of reorganization of the domicile record (Article 7, 10, 11 of the Patent Act) and thus, constitutes an infringement on the patented invention of this case. The defendant shall not distribute the web within the Republic of Korea, and shall take measures to prevent distribution and use of

3. Judgment on the Defendant’s main defense

A. The defendant's main defense

2) Where a business entity engages in any of the following activities, such activity shall be deemed infringement of a patent right or exclusive license.

1. If the patent is for the invention of a product: Manufacturing, assigning, leasing, importing, or offering for assigning or leasing, articles used exclusively for producing such articles;

2. If the patent is for the invention of a process: Manufacturing, assigning, leasing, importing, or offering for assigning or leasing articles used exclusively for working the process.

Even if the Defendant’s act of transmitting BB App from the overseas server to the user of the domestic smartphone, etc. infringes on the patented invention of this case, the Defendant has a server in a foreign country, and the users of the entire world may use BB App with access to the Internet. If he recognizes the jurisdiction over each location of the BB App, the Plaintiff may bring a patent infringement lawsuit against the Defendant at each location of the world, and the Defendant’s response to it would result in an unreasonable result. Accordingly, the instant lawsuit shall be dismissed as it has no international jurisdiction over the Republic of Korea.

B. Determination

1) Relevant legal principles

In determining the existence of international jurisdiction, the court shall determine international jurisdiction in accordance with the basic ideology of ensuring the fairness between the parties, the propriety, speediness, and economy of the trial. Specifically, not only individual interests such as equity, convenience, and predictability of the parties to the lawsuit, but also interests of the court or the State, such as the appropriateness, speediness, efficiency, effectiveness, effectiveness, effectiveness, etc. of the judgment, should also be taken into account. Whether any of these diverse interests needs to be protected should be determined reasonably by taking objective criteria for the substantial relationship between the suspension of law and the parties to the individual case, and for the substantial relationship between the disputed case (see, e.g., Supreme Court Decision 2010Da18355, Jul. 15, 2010).

2) In the instant case:

In light of the above legal principles, the plaintiff's patent right was applied, registered, and the establishment, transfer, effect, etc. of the plaintiff's patent right is governed by the law of the Republic of Korea as well as the plaintiff's patent right was applied, registered, and the plaintiff's patent right was established, transferred, and used under the law of the Republic of Korea. ② Even if the defendant's server operated is in a foreign country, it is within the territory of the Republic of Korea, not the place where the defendant's patent is finally installed and used, ③ Article 24 of the Private International Act provides that "the protection of intellectual property right is governed by the law of the place where such infringement is infringed," and Article 24 of the Private International Act provides that "the infringement of the patent right of this case is deemed to be the Republic of Korea." Thus, the Korean court of the Republic of Korea has international jurisdiction over this case. Accordingly, the defendant's safety defense cannot

4. Determination as to whether the invention of this case Nos. 1, 4, and 6 was infringed

A. Whether an indirect infringement was established

1) Relevant legal principles

Article 127 subparagraph 1 of the Patent Act, which provides for indirect infringement, does not implement any product that has all the elements of the invention, and even if the act is conducted in the preceding stage, it is highly probable that all the elements of the invention will be carried out, it shall be understood that the patent right does not unfairly extend even if it is considered as infringement of patent right under certain conditions to enhance the effectiveness of remedy for infringement of patent right in the future.

In addition, if it is merely a theoretical, experimental, or temporary possibility of using a product other than a patented product, it cannot be said that there is any other purpose to deny the establishment of an indirect infringement. However, in order to constitute "goods only used in the production of a patented product", it should not be an economic, commercial, or practical purpose which can be widely accepted and approved by social norms, and it constitutes "goods only used in the production of a patented product" under Article 32 (1) of the Private International Act (Article 32 (1) of the Private International Act (Article 3 of the Patent Act) stipulates that "a tort shall be governed by the law of the place where such act was committed."

A person must assert and prove (see, e.g., Supreme Court Decisions 98Hu2580, Jan. 30, 2001; 2007Hu3356, Sept. 10, 2009).

2) Determination

A) All inventions in the first, fourth, and sixth inventions in this case are related to mobile communications short, and in order for the defendant to be recognized as an indirect infringement on the above inventions, the defendant's Baber app must be included in "4 articles used exclusively for the production of mobile communications short," and the burden of proof for such infringement shall be asserted against the plaintiff.

B) Meanwhile, there is no dispute between the parties as to the fact that the Defendant’s Libers are only a part of the mobile phone that the Defendant adopts the OS, but also a part of the mobile phone that can be installed at the end of the short end of the wireless franchise (Wi-Fi) that uses the OS, and that the fact that the Libers installed at the short end of the wireless franchise is created the same as the end of the mobile phone. However, ① Mobile Telecommunications is a communication system that enables users to continue to communicate while they move freely, so it is included in some categories, and the Defendant’s use of the mobile phone itself is not always entitled to the mobile phone, and it is also allowed to use the mobile phone as a representative example of the mobile phone, but it does not correspond to the Defendant’s claim 1 through 4, and it does not correspond to the Defendant’s claim 60-4, which is applied to the mobile phone.

5) Radio communications is a concept of communications technology that transmits information to a remote location without a prior connection by using radio waves, including both mobile communications, satellite communications, base radio communications, etc.

6) 셀룰러 시스템(cellular system) : 서비스 대상 지역을 작은 크기의 여러 셀로 나누어 각 셀마다 그 중인 예로는 흔히 와이파이(Wi-Fi)로 불리는 무선랜(Wireless Local Area Network) 통신이 있는데, 셀룰러 이동통신의 경우 사업자가 중앙집중식으로 통신을 관리하는 반면 8), 무선랜 통신은 제한된 지역에서 무선 주파수를 이용하여 데이터를 통신하는 기술로서, 무선랜에 연결된 단말에서 통신 서비스를 관리하는 분산 방식을 취하는 점,9) ③ 태블릿 PC 중 셀룰러 시스템에 기반한 이동통신 기능이 지원되지 않는 기기의 경우 와이파이를 이용한 무선통신만이 가능한데, 실령 일부 지역에서 액세스 포인트 또는 핫스팟(Hotspot)의 변경을 통해 사실상 이동통신 기능을 사용하는 것과 같은 결과를 얻을 수 있다고 하더라도, 이는 액세스 포인트 또는 핫스팟의 설치 상태에 따라

얼마든지 달라질 수 있는 것으로서, 위와 같은 사정만으로 무선통신 단말과 이동통신단말을 동일하다고 볼 수는 없는 점, ④ 바이버 앱은 휴내한 채로 이동이 가능한 휴대전화, 태믈릿 PC 등 뿐만 아니라 휴대 이동이 물가능한 안드로이드 기반의 TV 셋톱박 스에도 설치가 가능한 점 등을 종합하여 보면, 갑 제20호증의 기재만으로는 바이버 앱이 '이동통신 단말의 생산에만 사용하는 물건'에 해당한다고 인정하기에 부족하고, 달리 이를 인정할 증거가 없다.

C) In addition, the Plaintiff uses a short term and accelerator method using the wireless franchise method, and the users existing in the area of the accelerator use a method of communication with the relevant base station station.

7) In addition, there are radio frequency public telecommunications (TRS) and mobile communications satellites, which are relatively limited to those subject to use.

8) At a base station which is not an end-of-user-end communication interference generated when two persons simultaneously transmit data through the same frequency. In other words, a base station receives multiple requests for transmission from user-end end, and calculates when and to what extent a device requires data of capacity, and controls and processes under MAC (Machine) protocol protocol. 9) In a mobile-use radio-based mobile communication, it takes charge of a base station for mobile communications. The above liquid points do not function as a base station for mobile communications, but rather are connected to liquid points, such as a base station for mobile communications, and the devices are directly carried out. The task and operating effects are the same, and it is easy to exchange them, and it is not easy to accept the Plaintiff’s claim that the radio-use method constitutes an equal technical relationship, but it is not easy to accept the Plaintiff’s claim that the radio-use method constitutes a base station for mobile communications.

B. Sub-committee

Accordingly, insofar as it cannot be seen as falling under “goods used exclusively for the production of mobile telecommunications short-term machines,” the Plaintiff’s assertion that the Biover violated indirectly the provisions of paragraphs 1, 4, and 6 of this case is without merit as to the remainder of the issue.

5. Determination as to whether the instant inventions Nos. 7, 10, and 11 were infringed

A. Preparation for composition with Claim 7 invention of this case

1) Presumption and Composition 1

A person shall be appointed.

The method of reorganization of the defendant's domicile record includes the premise and composition 1 of the instant Claim 7 invention as follows:

A person shall be appointed.

As to this, the defendant asserts that, as the defendant did not have a function to confirm whether it is a registered one’s greenhouse or offline, and that it does not constitute a scam since it can be sent to the other party in the condition of the offline. However, the defendant argues that the scam contains a function to confirm whether it is a registered one’s greenhouse or offline (see evidence 11-7), and the most characteristic of the scam is that it delivers the message immediately to the online user in real time (see evidence 11, 16). As long as the scam contains the function of delivering the message to the other party in the online condition, it is reasonable to view that the scam constitutes an scam, insofar as it includes the function of delivering the message to the other party in the online condition, as argued by the defendant. In addition, even if the scam can be sent to the other party in the status of the offline, such circumstance alone is insufficient to deny the defendant’s assertion that the scam is a scam.

10) rather than delivering an off-line app to the other party in the condition of a off-line, it seems that the user can first send the off-line app to the user who is in the condition of the off-line and then confirm the message only when the user is online.

A person shall be appointed.

2) Composition 2 and Composition 3 of the Defendant’s method of reorganization of the addresses of the 3rd Defendant include Composition 2 and Composition 3 of the instant Claim 7 as follows:

A person shall be appointed.

In this regard, the defendant asserts that the BB App only copied and used the address register stored at the end of the mobile communication, and did not reconform it with a new address register. However, the above argument by the defendant is not acceptable, since it appears that there are one or more lots of notes, such as the telephone number at the end of the mobile communication, office telephone number, house telephone number, e-mail address, and house address, etc., and the BB App requires the telephone number at the end of the mobile communication as a means of certification, and it is deemed that it extracted the end telephone number at the end of the mobile communication and reconforms it with a new address register (see subparagraph 12 of the above argument).

In addition, the Defendant asserts that the instant Claim 7 invention does not temporarily obstruct the address records from the auxiliary memory, and that there is a difference in the composition of the instant Claim 7 in that it temporarily stores the address records, even if temporarily stored, it does not temporarily store the address records, and that it temporarily stores them in a regular storage device, not an auxiliary memory device. However, according to the overall purport of the entries and arguments in No. 17, it appears that Baber App also temporarily stores the address records. Even if examining the scope of the instant Claim for Patent invention, there is no content that can be viewed as limiting the temporary storage place of the address records to the auxiliary memory device, and thus, the Defendant’s assertion cannot be accepted.

3) Composition 4

A person shall be appointed.

11) Composition of a database (such as the publication by the first board on January 7, 201, 201, 201, i.e., the publication by the company), i.e., a medium medium): a unit having a unique characteristics for distinguishing data (Attribute) and a medium of the table.

• Lele Code: Trale as a storage unit of a database, and the content corresponding to each pen shall be completed (i.e., the conduct of a table) by combining each pen;

• Teable: Each bar code is gathered, and generally, the data is recorded, and the table is generally referred to as "one table."

12) The bar code of address at the end of the mobile communication is generally distinguished for each user, and is composed of a number of lots of notes, such as telephone numbers and addresses. Many lots of notes are gathered to constitute a single bar code, and a set of table is gathered to constitute a single bar code.

A person shall be appointed.

The method of reorganization of the defendant's domicile record includes 4 of the invention of paragraph 7 of this case as follows.

A person shall be appointed.

4) In full view of the results of comparison more than the result, the method of reorganization of the Baber App’s addresses contains all the composition of the instant Claim 7 invention, which is within the scope of the right.

5) Determination on other defendant's assertion

A) The Defendant asserts that, in the case of a method invention, the term "working" is an act using the method, the Defendant's preparing and providing the means is not likely to correspond to the implementation of the instant Claim 7, which is an invention of the method, and that the consumers using the database app only have the possibility to implement the instant Claim 7. However, considering the situation in which the database app is carried out at the end of the mobile network, the user is only able to approve whether or not he/she carries out the reorganization of the address book, and each stage carried out after the approval is deemed to be carried out in linkage with the network. Accordingly, the Defendant's assertion that the address book reorganization method is only carried out at the end of the mobile network of the cyber app user, and the address book reorganization method is not carried out in linkage with the computer server and the server (so, it is confirmed that the web is composed of only the subscribers from the address book of the mobile network, and it is not acceptable to use the above method to reconform the defendant's address and provide it to the subscribers.

B) In addition, the Defendant asserts that all of the production and transmission of the Libers are carried out overseas, and that this act does not extend to the Plaintiff’s patent right as to the patented invention of this case. However, as seen in the foregoing paragraph (a) above, the actual subject who uses the method of re-forming the address register at the end of mobile communication appears to be the Defendant. Even if the production and transmission of the Libers are carried out overseas, the act of using the method of re-forming the address register is domestically carried out, and thus the Defendant’s assertion

B. The composition of the instant Claim Nos. 10 and 11 is as follows. As the composition of the instant Claim Nos. 10 and 11 is also arranged in the Gaba net (in the case of English, referring to the evidence No. 5-1 and 2 of the instant Claim No. 7) based on the basis for the search of the address records at the time of the search of the address records (name) (in the case of Gaba app, Gaba App contains all the composition of the instant Claim No. 10 inventions, which are subordinate claims to the instant Claim No. 7 and the instant Claim No. 11 inventions, which are subordinate claims to the instant Claim No. 10 inventions. 10.

In paragraph 7 of Paragraph 10 of this case, the above step is to set up in the above sub-paragraph 3 of paragraph 10 of this case's invention, at the stage of the above sub-paragraph (b) as a key pen that serves as the basis for the search of address records among the multiple pens of address records extracted at the above sub-paragraph (b); and in accordance with the criteria set out in the above sub-paragraph 10 of paragraph 11 of this case's invention, the address pen is characterized by arranging the above key pen in accordance with the criteria set for the search of address records and storing it in the above domains. In the above paragraph 10 of paragraph 10 of this case's invention, the above key pen is the name of the user who can extract the specific user's bar code out of multiple address records at the time of the search of address records, and at the above stage, the above multiple address bar code is arranged in accordance with the criteria set at the above multiple address bar code, one of these characteristics is to rearrange the above multiple user's address code in accordance with one of these standards.

C. Sub-committee

Therefore, since the method of reorganization of the address register of Libers is conducted as it is all the elements of the instant Claims Nos. 7, 10, and 11, it is within the scope of the right to the instant Claims Nos. 7, 10, and 11. 6. Determination on the Defendant’s abuse of right defense

A. The defendant's defense

The nonobviousness of Claim 7 invention of this case is denied by the comparison of inventions 1, or can be easily claimed by the combinations of comparable inventions 1 through 4. Moreover, the nonobviousness of Claim 10 invention of this case can be denied by the combinations of the comparable inventions 5 and 6. Accordingly, the nonobviousness of Claim 11 invention of this case can be easily claimed by the combinations of the comparable inventions 5 and 6. Accordingly, the Plaintiff’s claim for prohibition of infringement based on each of the above inventions constitutes abuse of rights.

B. Determination

1) A summary of Paragraph 7 invention of this case (13)

A) The previous technological problems and the previous solution task for the instant patent invention had a problem that the API (API) of the API (AP) where the UPI) provides the UPS service directly connects to the address register at the end of mobile communications short time, thereby undermining the speed of correction and inquiry. The instant patent invention is a subject to resolution to reconform the address register for the UPS service and to improve the speed of the NoPS service and provide the address register suitable for the U.S. service characteristics.

B) In order to achieve the above solution task of the instant patent invention, the instant patent invention is a solution method to create a separate address register for the ston service by extracting and reproducing the information required as the address register of the ston service among the information on the address records at the end of the ston service stored.

(ii) preparation for the technical sector;

The instant Claim 7 invention pertains to the method of reconforming the address records for the Scton service, and the comparable invention 1 is related to the method of holding and controlling the scaming in the portable information terminal device, and the comparable invention 2 is related to the method of obtaining information on the address records in the communication system, and the comparable invention 4 is related to the method of storing the address records in the communication system, and the technical field of the instant Claim 7 invention and the comparable invention 1, 2, and 4 are both related to the address records at the end of the mobile communication terminal. Meanwhile, the comparable invention 3 is related to the MyS QL, which is the data base management program, and in the creation of the address records, the database technology of the instant Claim 7 invention of this case is subordinate to each of the instant Claim 7 inventions of this case, and therefore, the instant Claim 7 invention of this case is considered first.

In that regard, comparable invention 3 is also the same as the technical field of Claim 7 invention of this case.

3) Preparation for solution tasks

A) The instant Claim 7 invention is a major solution to provide a re-convening method to improve the access speed to the address register of the Ston service.

B) On the contrary, the comparable invention 1 treats the inconvenience that is to display the images on the screen of the screen of the cell phone (see, e.g., identification numbers (see, e., e., 0091) of No. 3, and the comparable invention 2 provides the solution task to add the contact information obtained by obtaining contact information about the other party from the server using a distinctive person, such as the telephone numbers of the other party, to the address register of the user terminal (see, e.g., e., No. 4 (see, e., e., e., e., 08), and the comparable invention 1 and 2 do not recognize the need to improve the speed of access to the address register of the cell phone service, so it cannot be deemed that the solution task of the instant Claim 7 invention is identical.

The comparisond Invention 3, using MyS QL, initiates dexing techniques that can promptly inquire about bar codes (see subparagraph 5 chapter 4.). However, this is merely a matter that is generally required at the time of building a database, and it cannot be said that it presents a solution task to reorganize the existing address register in order to improve the access speed of the ston service, such as paragraph 7 invention of this case.

The comparisond Invention 4 is a result that, by selecting only some of the information stored at the end of the mobile communication, it is possible to renew the address register at the end of the mobile communication, thereby reducing access time to the external server 14) and reducing the data communication fee (see evidence 34 No. 1). The solution cannot be deemed the same as the claim No. 7 invention of this case.

C) Accordingly, the instant Claim 7 invention is peculiar to the solution task in comparison with the comparable invention 1 through 4.

4) Preparation for composition

A) The instant Claim 7 invention consists of the premise unit and composition 1 to 4. Of them, the composition 1, which is the "Memosa to store personal information of multiple users," is the same as the "Memosa" (refer to No. 3, No. 1, No. 7) of comparable Invention 1, the "Memory (202) of comparable Invention 2, or the "Memosage (204)" (refer to evidence No. 4, No. 4, No. 2, or the "Memosage (204) of comparable Invention 2. However, in comparison with comparable inventions, the composition of comparable inventions, such as the premise unit and composition 2 through 4, has not been initiated

B) As to the foregoing, the Defendant asserted that: (a) the exhaustion and composition 2 or 4 began in the comparable invention 1; and (b) the person having ordinary skill, by combining the comparable invention 1 or 3 or the comparable invention 4 or 6, can easily derive the premise and composition 4 of the two sites; and (c) thus, the Defendant is aware of it.

(1) The premise that comparable invention 1 begins with the premise and composition 2 or 4, is "the method of reconvening the address records using the mobile communications short message for the ston service." The core of the premise is "the method of reconforming the address records using the mobile communications short message for the ston service, which is separate from the recorded address records."

In relation to the comparison invention 1, an exclusive screen consisting of 31 or 40 areas, and 31 or 34 areas of the exclusive screen pictures are indicated in the phone number book, and the name of the caller of the digital camera server and the digital camera film is indicated (see subparagraph 3 [034] identification number and paragraph 3], and the screen exclusive for painting can be seen as corresponding to the digital camera address book. However, since the exclusive screen is found to exist only when the hosting function is terminated after the commencement of the hosting function, it is difficult to view the exclusive screen as an exclusive screen in the digital screen at the 2nd stage of the comparison invention without indicating the exclusive screen number at the 2nd stage of the comparison invention (see subparagraph 3 [029-03] and the telephone number at the 2nd stage of the comparison invention with the digital screen (see subparagraph 3], and thus, it is difficult to view the exclusive screen number at the 2nd stage of the film and the digital screen number at the 2nd stage of the comparison.

In order to use the images registered in the phone number, there is no need to store .... For that reason, there is no need to store the images exclusively used for printing on the screen, and thus, there is a reduction effect in the domain of a camera that is actually stored in the mobile phone device (see subparagraph 3 of the certificate of No. 035). In light of the fact that comparable invention 1 works as a ground for the design from comparable invention 1 to the invention of No. 7 of this case, comparable invention 1 cannot be deemed as commencing the premise.

Then, as to the composition 2 through 4, comparable inventions 1, the name of the sender stored in the phone number of 31,34 in the area of the re-printed screen and the composition of the digital camera film of 34 (refer to the identification number of 0034). Thus, even if there is no specific indication, comparable inventions 1 defines the data required in the area of 31,34 (the composition 2) and extracts from the phone number of 3 (the composition 3 data extraction), extracted data (the composition 4 of the composition 4). However, there is no room to view that there is no motive to apply the above composition to the re-forming of the address recording to improve the access speed.

As to this, the Defendant alleged that the composition of the cited invention 1 corresponds to the composition that accords the distinctive information that links the phone numbers recorded by the video data and telephone numbers of the comparable invention 1 (see, e.g., 004) (see, e., e., subparagraph 3). However, the aforementioned composition of the comparable invention 1 is a composition that connects the video data (a photograph) and telephone numbers to store them, and it is irrelevant to the reorganization of address records by linking the users to the link telephone numbers, and thus, the above argument by the Defendant is not acceptable. 2. 3, composition 3, as it is argued that the identification number of evidence 3 (see, e.g., 028) is corresponding to the identification number of evidence 1, but since the aforementioned composition of the comparable invention 1 is an composition that connects the email addresses, etc. from among the information received through the wireless phone, it cannot be accepted by the Defendant’s assertion that it constitutes the above Type 3 of Invention No. 4 without the Defendant’s assertion that it constitutes an address. 3.

(2) First of all, if the premise and composition 2 or 4 were commenced in the comparable invention 2, the response composition of the premise part may be found in the comparable invention 2, the comparable invention 2 may obtain contact contact information with the party using the identification person (e.g., identification person, telephone number), and the contact information may include one or more names, home address, place of business, home address, and home telephone number ... The contact information may include ....", and the RDA search may cause contact numbers.

. The user may specify the telephone number that he/she intends to obtain contact information by inputting the relevant telephone number into the user terminal. The user terminal is a response to the order received by the user. The user terminal is capable of transmitting the RDA search request for a specific telephone number to the digital compliance server of the Service Center.""(08)," without the user's intervention, the user may add information on contact information to the address book."(08), / [08, 084, 086], / [094, 094], / Claim 9]. The comparable invention 2 requests the search from the user terminal to the server. The server sent contact information on the relevant progressive number to the user terminal, and the user terminal added the contact information received to the address book (it can be automatically added without the user's intervention). The comparable invention 2 cannot be viewed as a premise that the user's address and the other part of the mobile invention stored in the server are stored in the mobile invention 2.

Then, examining the composition 2 to 4, the cited Invention 2, as seen earlier, requested the search of contact information using the phone number as a server, and stored the contact information received from the server in the user’s address register of the device, and as such, the composition of the contact information received from the server has been initiated.

Even if a specific statement is not made, the comparable invention 2 defines the data required in the register of address of the user terminal(s)(s) (s). In light of the fact that comparable invention 2 does not begin with comparable invention 2, it can not be viewed that comparable invention 2 starts with comparable invention 2 or 4, and that the aforementioned composition is not generated within the end of the mobile communication, but with the fact that it does not occur between the user terminal and the server, the action of the above organization does not occur between the user terminal and the server and the new address register is not created. In light of the fact that there is no motive to apply the above organization to the compilation of the address register to improve the speed of access, comparable invention 2 or 4 is extracted from the server (s) and processed the extracted data and stored in the user terminal address register(s). In response, the defendant's assertion that comparable invention 2 or 4 can not be seen as being included in the above 400 prior invention 2 or 4.

(3) Whether there are 3 and 4 compositions in comparable inventions 3

The Defendant asserts that the Alterable order is identical to the Alterable order, which started in the comparable invention 3, as a result, the Defendant’s claim is that the Alterable order is identical to the composition 3 and 4 of the Alterable order. Examining the foregoing, the Alterable printing technique, which started in the comparable invention 3, is a technology that stores the Dexnex data in a single tegable file, and since, when changing the Alterable structure, the Alterable printing technique is a technology that generates temporary carcs of the original tegs when changing the tegrable structure, it is a structure different from the composition 3 and 4, which create a different tegrable (re

(4) Examining the premise and composition 2 or 4 of the comparable invention 4, first of all, and the response structure 2 in the comparable invention 4, the instant Claim 7 invention defines the address record number required from multiple users’ personal information stored at the camera at the end of the mobile network, whereas the comparable invention 4 selects some of the items to be downloaded from the address record information stored at the PIS server to the end of the mobile network (see: e.g., No. 21, S22 of the No. 34). In the instant Claim 7 invention, the instant Claim 4 requires an address record number required from the end of the mobile network to the address record of the SIS server. However, the instant Claim 4 only requires the address record number from the PIS server, which is not the part of the mobile network No. 4, to be reconstructed, and thus, it is difficult to see that the address of the instant Claim 4, which is the only part of the mobile network No. 4, which is the only part of the mobile network No. 4.

Then, examining the response structure of No. 3 in comparison with the cited Invention 4, Composition 3 is to temporarily store the information extracted from the mermos from the mermos, separately from the address records stored in the mermos of the mermos of the mermos of the mobile communications short, whereas the comparable invention 4 is to temporarily store the information separately from the address records stored in the PIm server (see, e.g., No. 23, S24). The comparable invention 4 is to distinguish the address records extracted from the mermos from the mermos of the mobile communications shorts, not from the address records stored in the mermos of the mobile communications shorts, but from the address records stored in the PIms server. Accordingly, it is difficult to easily derive the composition of the instant Claim 7 from the comparable invention 4.

Finally, examining the response structure of No. 4 in comparable inventions 4, it is the same in that both composition 4 and comparable inventions 4 are stored in the camera inside the end of the mobile network (see, e.g., No. 34 drawings No. 2-24). However, Composition 4 processes it in accordance with the editing terms and conditions set forth in the address records extracted from the camera, and stores it in the camera. On the other hand, the comparable inventions 4 stores the items stored in the PIms Rabler area as they are stored in the inner camera at the end of the mobile network, and therefore, it is difficult to easily draw up the composition 4 of the instant Claim No. 7 invention from comparable inventions 4.

(v) preparation for operational effects;

As examined in comparison with the above composition, the cited invention 1 through 4 does not start the composition of creating the address register for the scam service of the scambling service by reconcing the address register stored at the end of the mobile communication, and therefore, the effects of the instant Claim 7 invention cannot be expected to improve the scambling speed in the scambling service.

(vi) easiness of combination;

As seen earlier, as cited inventions 1 through 4 do not start the premise and composition 2 through 4 of the instant Claim 7 invention, even if the composition of the instant Claim 7 invention is adopted and combined, the composition of the instant Claim 7 invention cannot be derived.

7) As a result of comparison, the instant Claim Nos. 7 is identical to the instant Claim Nos. 1 through 4, but the technical task is different in comparison with the instant Claim Nos. 1 through 4, and the composition is different, and there is a difference in effect, and thus, it cannot be easily derived from the ordinarily skilled person Nos. 1 through 4. Thus, newness and inventive step are not denied. In addition, the Defendant asserts that the instant Claim Nos. 10 is denied inasmuch as the instant Claim Nos. 11 can easily be made by combining the instant Claim Nos. 5 and 6, respectively, based on the comparison No. 5 and 6. However, the nonobviousness of the instant Claim Nos. 10 and 11 are subordinate inventions embodying both the instant Claim No. 7, so long as the nonobviousness of the instant Claim No. 7 is not denied, the nonobviousness of the instant Claim Nos. 10 and 111 is not denied. Therefore, the Defendant’s argument cannot be accepted.

Therefore, the defendant's defense that the plaintiff's claim for prohibition of infringement based on each of the above inventions constitutes an abuse of rights due to the denial of newness or non-obviousness of the invention of this case 7, 10, and 11 is without merit (In addition, the defendant asserts that the plaintiff's claim for prohibition of infringement based on the above inventions was initiated 2 through 4 of the invention of this case in the Aroft 2000 (Microft 2000), which is the metroft 200 (Microft 200), which is the metroft 199. However, there is no evidence to acknowledge the above fact, and there is no evidence to support the defendant's claim, and it does not seem that the technology related to the reorganization of the correction of the address record for the service of the Srop 200 program of this case is included in the above Aro

7. Determination on the Plaintiff’s claim for prohibition of infringement

In full view of the above, the defendant violated the plaintiff's patent right regarding the patented invention of this case by distributing Baber apps using the method of reorganization of address records containing all the compositions of 7, 10, and 11 of this case in Korea. Thus, the defendant is not obligated to distribute Baber apps in Korea and to take measures to prevent the distribution and use of the above Baber apps in Korea to the defendant server.

8. Conclusion

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by admitting it.