El Electronic Co., Ltd. (Attorney Full-time et al., Counsel for the defendant-appellant)

Medical Treatment Co., Ltd. (Attorney Hwang Young-ju et al., Counsel for the plaintiff-appellant)

September 16, 2009

1. The defendant shall not produce, use, transfer, lend, import, or exhibit or make an offer for the purpose of transfer or lease, each laundry machine listed in the separate sheet No. 1.

2. The defendant shall discard all finished goods of each laundry set forth in paragraph (1) above and raw materials and machinery and equipment used only for manufacturing semi-finished goods and their products in each custody of the company, factory, warehouse, agent, etc.

3. The defendant shall pay to the plaintiff 1,766,474,867 won with 5% interest per annum from August 18, 2007 to October 14, 2009 and 20% interest per annum from the next day to the day of full payment.

4. The plaintiff's remaining claims are dismissed.

5. One-third of the costs of lawsuit shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

6.The above paragraphs 1 to 3 can be provisionally executed.

The disposition Nos. 1 and 2 and the defendant shall pay to the plaintiff 8,832,370,000 won with 20% interest per annum from the day after the copy of the complaint of this case is served on the defendant to the day of complete payment.

1. Basic facts

The following facts may be acknowledged in each entry in Gap evidence 1 through 5 (including each number if there is no dispute between the parties or if there is a serial number), by integrating the whole purport of the pleadings:

A. Patent 1 of this case

(1) Name of invention: The structure of the drum and laundry system.

(2) Date of application/registration date/patent number: October 18, 1999/ No. 457429/No. 5, 2004

(3) patentee: plaintiff

(4) Claims

【Request 5】 Shebs set up on the side of the Shebs and drums set up on the side of the said Shebs, and showers connecting the said drums to the drums and besing to support the showboards, and laund consisting of the tebter and the later to recon the said drums (the composition of the drums);

The so-called “B” consists of plastic materials (class 1);

To support the bending of metal materials, made by the Central Authority in the form of the original form, bling sub-items 2);

Shebs of plastic materials, together with the terBs of any of the above metal materials filled up by a seal set forth in the terbs of such plastic material,

Rosters fixed to the latter part of the Twitb and (class 4);

The main part of the route and the center of the route are directly connected to the Warsaw connected to the above fora (class 5);

In the event of the granting of the above bending sub-paragraph (6) of this sub-paragraph (a component of the sub-paragraph (6) of this sub-paragraph (a component) of each sub-paragraph (a sub-paragraph (f) of the sub-paragraph (b) of the sub-paragraph (b) of the sub-paragraph (a) of the sub-paragraph (b) of the sub-paragraph (b) of the sub-paragraph (c) of the sub-paragraph (f);

The above Switter shall consist of the outer shapes and almost the same shapes of the latter part of the subsequent wall between the switter combined with the latter part of the said Twitter and the latter part, and at the time of the conclusion of the said switter, support the steter by fixing it to the latter part of the subsequent wall and maintaining the East depth of the steter at the same time.

【Request 10】 Shebs set up on the side of the Shebs and drums set up on the side of the said Sheb, and showers connecting to the said drums to deliver the her power to the drums, and besing to support the above showers, and laund consisting of the strawter and the labs to recon the said drums (the composition of the drums);

The so-called “B” consists of plastic materials (class 1);

To support the bending of metal materials, made by the Central Authority in the form of the original form, bling sub-items 2);

Shebs of plastic materials, together with the terBs of any of the above metal materials filled up by a seal set forth in the terbs of such plastic material,

The above Twitter and the Pouses fixed between the above Twitter and the above Twitter, Section 4);

At the center of the Warsaw latter part of the Warsaw, it is formed to cover the external side of the above Shaz, while at the same time, a side wall of the Shaz, wherein Maz is loaded, and a log of the steel plate, wherein the wall surface of the Shaz is integrated into a press processing, with the retictic side of the retictic side of the Shaz;

The main part of the Round is composed of direct connection with the showers connected to the above fora, and the Round structure of the Drum laund (class 6) with the characteristic of the Drum laund (class 6).

【Request 25】 Shebs set up on the side of the Sheshes and drums set up on the side of the said Shes, and showers connecting to the said drums to deliver the her power to the drums, and bending to support the showers, and laund consisting of the strawter and the laveter to recon the said drums (the composition of the drums);

The so-called “B” consists of plastic materials (class 1);

To support the bending of metal materials, made by the Central Authority in the form of the original form, bling sub-items 2);

Shebs of plastic materials, together with the terBs of any of the above metal materials filled up by a seal set forth in the terbs of such plastic material,

Rosters fixed to the latter part of the Twitb and (class 4);

The main points of the route and the center of the route are to be directly connected to the Warsaw connected to the above fora (class 5);

The latter part of the so-called "bend" of the so-called "bend part of the so-called "bend part of the so-called Pond part of the so-called "bend part of the so-called Ploring" is characterized by the latter part of the so-called "bend part of the so-called "bend" of the so-called "bend part of the so-called Pond part of the so-called "bend part of the so-called Pond part of the so-called

【Request 31 in paragraph 25 of the 25 [The latter part of the Round shall be the same as the constituent elements of paragraphs 1 through 25] The structure of the Round laund laund laund laund laund laund, which shall be closely adhered to the latter part of the Pound of the Pound Pound, exposed to the latter part of the Pound Pound 25 (hereinafter the latter part of the Pound Pound Pound Pound 1) with the characteristics of being closely adhered to the external part of the above Pound Pound 25 (the latter part of the Pound 1 to 5) with the characteristics of being adhered to the latter part of the Pound Pound Pound 1, which are exposed to the said Pound Pound 1,000, shall be read as "the component element 6."

(6) Main drawings.

A person shall be appointed.

【The First Patent of this case’s Doz. 2b】

B. Patent No. 2

(1) Name of invention: Supporting and structural support for the operation of laundry machines.

(2) Date of application/registration date/patent number: January 6, 2004/ May 24, 2004/4303

(3) patentee: plaintiff

(4) Claims

【Request No. 1】 The tamp of plastic material to be installed on the side of the drums and the drums set up on the side of the said drums, and showers connecting the said drums to the drums, and bending to support the showboards, and bending of metal material in the shape of the central part to support the above bending, and the bending of metal material in the shape of the drums and the outer side of the said drums so as to reconte the said drums and to cover the outer side of the said drums, and in a launding machine with the drums formed to support the showboards connected to the above drums (the composition of the drums);

b. Roves Parts of Plastic Materials of Plastic Materials of Plastic Materials of Plastics, in which the b.e. singling of metal materials is carried by a person, and components 1);

between the above Twitter and the Switzerland, which is fixed between its central office and the outer office, shall have multiple horizontal pages facing the above sub-sections, and the above horizontal plane shall be protruding to the sub-sections of the laundter with the characteristics of the laundter, which shall include at least one sub-sections formed by the above sub-sections, on the side of the laundter, at least one sub-sections.

(6) Main drawings.

A person shall be appointed.

[2] Patent 2B]

D. The defendant's products

The Defendant produces and sells the products listed in the attached Table 1 list (hereinafter referred to as “Defendant’s products”).

2. The assertion by the parties to the patent infringement.

A. The plaintiff's assertion

The Defendant’s infringement of the Plaintiff’s patent right by producing and selling the Defendant’s products listed in the separate sheet, including all elements of Claim No. 5 (hereinafter “claim No. 1”), Claim No. 10 (10), and Claim No. 2 (1) of the Patent Act, and Claim No. 1 of the Patent Act. As such, the Defendant sought injunction against infringement, destruction of infringing articles, and damages therefrom.

B. Defendant’s assertion

1) Invention 5 of the instant Claim 1 is also a combination of the instant Claim 1: (1) Nos. 1 (Evidence 1; hereinafter referred to as “Non-Invention 1”; (2) Nos. 6 of the instant Claim 5 (O. 4); and (3) Nos. 7 of the instant Claim 5 (O. 4); (3) of the instant Claim 5 (O. 4); and (4) of the instant Claim 5 (O. 5) nos. 5); and (4) of the instant Claim 5 (O. 5) nos. 5); and (4) subsequent specifications of the instant Claim 5 (O. 5) nos. 5); and (4) subsequent specifications of the instant Claim 5 (O. 5) nos. 5); and (4) subsequent specifications of the instant Claim 5 (O. 4) are identical to those of the instant Claim 5 (O. 4); and (4) subsequent specifications of the instant Claim 5 (O. 5) are commonly 2) combined.

2) Invention 10 of the instant Claim No. 1 is identical or predicted to the technical field and the effect of the instant Claim No. 4 when comparison with the cited Invention 1. 1. 1 in comparison with the composition of the aforementioned Claim No. 10 (in the case of the elements of the instant Claim No. 10, 1). The instant Claim No. 10 is a technology commonly used in combining metal and plastics prior to the application of the foregoing Claim No. 10. 4. The instant Claim No. 4 is an open space No. 5 (in the case of the instant Claim No. 4, an open space No. 4) to be combined with the open space No. 5 (in the case of the instant Claim No. 10, an open space No. 4) to be combined with the open space No. 5 (in the case of the instant Claim No. 10, an open space No. 4) to be combined with the open space No. 5 (In the case of an open space No. 4).

3) As cited invention 31 of the instant Claim 1 (which is subordinate to paragraph 25) is combined with the cited Invention 1 of the instant Claim 3, the effect of which is identical to that of the instant Claim 1 of comparable Invention 4, and comparison with the composition of the instant Claim 31 of the said Claim 1 of the size 1, which is commonly used in combination with metal prior to the filing of the said Claim 31, the number of Claim 4 of the instant Claim 1 of the size of the size of the instant Claim 1 of the size of the size of the instant Claim 5 (the size of the size of the size of the instant Claim 4 of the size of Claim 1 of the size of the size of the No. 31 of the size of the size of the No. 31 of the size of the size of the No. 31 of the size of the size of the No. 4 of the size of the size of the No. 1 of the size of the size of the No. 5 (the size of the size of the No. 4) may be combined. 1 of the size.

4) The instant patent No. 2 Claim No. 1 is identical to that of the comparable invention No. 31, the technical field and purpose of the invention, its effect can be predicted in comparison with that of the cited invention No. 5, and the premise No. 1 of the instant patent No. 1 plus the element No. 1, 2 in the premise No. 5 of the instant patent No. 1, plus the element No. 10 of the instant patent No. 1, which can be easily derived from the comparable invention No. 1 or No. 4. (2) In the case of the component No. 1 of the instant patent No. 4, as seen in the foregoing patent No. 31, the instant patent No. 2 is widely used in combining metal and plastics prior to the application of the instant patent No. 31, and the composition of the instant patent No. 5 can be easily derived from the outer wall No. 2 of the instant patent to the outer wall No. 1, which can be derived from the outer wall No. 2 of the cited invention No. 2.

5) The Defendant’s technology constitutes a free implementation technology, and thus does not fall under the scope of the right under Articles 1(5), 10(1) and 31 of the Patent Act and Article 2(1) of the Patent Act.

6) The technology carried out by the Defendant is not included in the elements of Patent No. 1 and Patent No. 31, and part of the elements of Patent No. 2, Patent No. 1, and it does not fall within the scope of the right.

3. Whether the inventive step under Article 1(5) of the Patent 1 of this case is recognized

A. Technical composition and effect of the First Patent Claim 5 invention of this case

1) The scope of a patent right is determined according to the scope of the patent right, so it shall not be interpreted to supplement or limit the scope of the patent right in accordance with the description of the invention in question or the drawings attached thereto, in cases where the description of the patent right can be clearly understood. However, since the technical meaning of the invention in question cannot be accurately understood unless the detailed description of the invention in question or the drawings attached thereto are taken into account at all, the interpretation of the scope of the patent right in determining whether there is any ground for not being entitled to a patent in the invention in question shall be, at the same time, objective and rational, based on the general meaning of the description in the patent application, based on the detailed description of the invention in question or the drawings attached thereto (see Supreme Court Decision 2005Hu520, Sept. 21, 2007).

2) Claim 1 invention of this case pertains to the laundry with a 2 laundry method wherein laundry takes place by a drum which takes place mainly around a horizontal axis and the laundry method which requires the former engine to deliver it directly to the drum’s revolving axis without going through grass or labelling, etc. In light of its technical structure and the entire specifications, it is difficult to conclude the laundry method which indirectly delivers the drum’s power to the drum using laundry and drums, and energy waste factors, and the veundry of the steundry material, etc., which constitute the 0th century, with a view to resolving the problems such as “after-laundry and laundry” in addition to the 2nd 2nd laundry structure where it is difficult to conclude the laundry method by using the laundry or laundbing machinery, such as comparable inventions 1, and then it is difficult to do so with the laundry method separately.

As a result of the adoption of the aforementioned composition, Article 1(5) invention of the Patent No. 5 of the instant case is a result of the adoption of the aforementioned composition, and thus, it is effective to solve problems that are vulnerable to vibration because it is not supported by one side of the base, but supported by only one side of the base of the base of metal materials, as it is composed that the shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot.

Furthermore, the composition of “Switter,” among paragraph 5 inventions, which is fixed between the subsequent wall and the swelter, may be interpreted as “a fixed structure by contact between the subsequent wall and the swelter” on the basis of the general meaning of the text and text, or it may be interpreted as including “the structure by which the swelter is spatially arranged between the subsequent wall and the swelter (i.e., the swelter) and the structure by which the swelter is fixed (i.e. the swelter as well as the swelter).” However, the detailed description of the invention in the specification of the patented invention in this case shall be described as “20) in the subsequent wall (20) and the swelter (14) with the outer wall (200) of the swelter and the subsequent wall (14) of the swelter (14) with the swelter’s 17th (14th) height).

As a result of the adoption of the aforementioned composition, Paragraph 5 invention of this case is composed of the following elements: (a) so that the bending of metal materials can be integrated with the terB’s terB’s terB’s terB’s terB’s terB’s terB’s terB terBs inside the hub of the terBs; (b) so that the process of separately assembling the terBs may be omitted; and (c) the whole tering rhing singing singing singing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing s sings s

B. Preparation for comparable Invention

1) If a claim described in the scope of a patent invention contains multiple elements, whether each element is an object of inventive step determination independently and independently. Thus, in determining inventive step of the patent invention, the determination of inventive step of the patent invention should only be based on whether multiple components described in the claim are dissatisfyed and dissatisfyed separately after dissolution of a number of components, and the difficulty of composition as a whole, which is an organic combination based on the principle of resolving particular tasks, should be considered. In addition, in determining inventive step of the patent invention by citing various prior art documents, the unique effects of the invention as a whole should be taken into consideration together. In order to determine inventive step of the patent invention by citing such various prior art documents, it should be easily determined by the Supreme Court on the premise that the relevant patent invention can easily be described in the prior art, technical level, basic task of the relevant technology, development trend, and demand of the relevant industry at the time of application for the patent invention (see, e.g., Supreme Court Decision 2000 ex post facto declaration of the invention.)

2) Claim 1 invention of this case is "a structure which is equipped with a tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's trawer's tamper's tamper's tamper's trawer's tamper's tamper's t.

3) In addition, the 4-working process of comparable inventions 1, which, in order to achieve the facilitation of assembly by omitting the installation work of cutting down the string of the reinforcement board, has "a structure forming the reinforcement board (91) and the bending 92 (92) together with the string (7 drawings)." The 5-working process has the same problem as the first implementation example, and the 5-working process omits all of the installation work of a reinforcement board for water and the installation work of a bending string string (101) for the string (102) to achieve the facilitation of assembly. The 4-working process of comparable inventions 1, "a structure (8) composed of a string (101) and a bending 102) with a string, etc., has taken place "a structure (8) composed of a string stringing strings with a large amount of metal materials."

4) Further, the specification (Evidence No. 2) of the comparable invention 2 includes “the structure in which metal materials are combined with the scambling scambling type in indirect drum laping machine,” but this is related to the scambling type using scambling and scambling type which is located below the scambb, and the power of which is delivered to the scamb, using scambling and scamt, which is different from the scambling type No. 5 invention of this case and the scambling type No. 1 using the scambling type directly connected to the scambling axis. Accordingly, the problems that the scambling type 1 invention of this case and the scambling type are different from the scambling type 1 invention of this case, or the technical task that must maintain the scambling level of the scam.

5) On the other hand, the detailed description of the invention of comparable invention 1 is that “it is better to attach a steel plate (5) or water tank (36).” This reinforcement board (35), water tank (36), and sweet (41) are attached to water tank (26).” However, on the other hand, it is difficult to see that there is a structure of the sweet which makes it difficult for the sweet to easily build a steel board and swelve and fix the swelter by using multi-glves, etc., and it is hard to see that there is a structure of the swelter to easily build a new structure of the swelter to make it difficult for the swelter to have a new structure of the swelter to easily build a new structure of the swelter to have a new structure of the swelter to have a new structure of the swelter to have a new structure of the swelter 1).

6) In addition, as seen in the specification No. 4 in the case of comparable inventions 4, the absence of the Defendant’s assertion as “splter” is not unfavorable as “CLAMPATE STR TPPCED,” and it is reasonable to deem that the Plaintiff is not a separate splter, but a combination under the upper and/or part of the spter, thereby forming a part of the spter. As such, it is difficult to readily see that “the structure fixed between the spart and the spherter is adjacent to the spher,” such as the instant Claim No. 1 Patent 5 invention from the comparable Invention 4.

C. Sub-decision

Therefore, the invention No. 5 of the instant patent No. 1 is different from the cited inventions and the technical composition of which are considerably improved and advanced in their operational effects, and thus, it cannot be easily claimed from the comparable inventions by ordinary technicians. Therefore, the nonobviousness of the instant patent No. 5 cannot be denied.

4. Whether the inventive step under Article 1(10) of the Patent 1 of this case is recognized

A. Technical composition and effects of the invention No. 10 of the Patent 1 of this case

1) The First Patent Claim 10 pertains to the laundry using the drum method and the laundr’s power to directly deliver to the drums without going through grass or labelling, etc. In light of its technical structure and the entire specifications, it is difficult to conclude a new laund with the 2nd 2nd drum to directly deliver the drum’s power to the drums by using drums and drums, and there are many energy waste factors, and the unit price of which is 0% high due to the slab of the steundr’s laundment material, etc. at the same time to resolve the problems such as “after-laundry and laundr’s 7th laundr’s laundr’s laundr’s laundr’s laundr’s laundr’s laundr’s laundr’s laundr’s laundr’s laundr’s laundr’s ladr’s la.

2) As a result of the adoption of the aforementioned composition, Article 1(10) invention of the Patent No. 1 of the instant case is a result of the adoption of the aforementioned composition, and thus, it is possible to omit the process of separately assembling bling breing bree on the breing brech in the hub after the breching bret inside the hub of the bret, which is a plastic material, and to ensure that the breing breing bree can be omitted, and that the entire breing breing breing breing bre that the entire breing breing breing bre and the breing breing bre that it is vulnerable to vibration due to the support of only one-way breging breging bregs without support and support by one-way breging bregr.

3) Furthermore, it is reasonable to regard the composition of the “switter fixed between the twitter and the twitter” as “a structure fixed by contact between the twitter and the twitter” as “a structure fixed by contact between the twitter and the twitter” in the patent claim of the instant Claim No. 10 as seen in the judgment of the instant Claim No. 1 (5).

B. Preparation for comparable Invention

1) The invention of Claim 10 of Patent No. 1 of Patent No. 1 of this case is "the structure at which the scaming of metal materials is fixed at a certain intervals by means of a large number of V (42) and the scaming part (41a) attached with the scaming part (41a) of the terB’s terB’s scam-type scam-type scaming part of the terB’s scam-type scambroping part of the ter, which is a plastic material, is integrated with the scamb, and is connected with the scambre, and the scambre between the scam and the scambre." However, the invention of Claim 1 of Patent No. 5 of Patent No. 2 of this case is different from the structure and effect of Claim 1 of Patent No. 51 of Patent No. 5 of Patent No. 2 of this case as seen. 51 of Patent No.

2) Furthermore, the fact that it is not easily derived from the cited inventions 1, 2, and 4 constituting “a book fixed between the attachment of the subsequent wall and the steter” as indicated in the claim(s) of the instant Claim(10) invention is examined in the determination of inventive step under Article 1(5) of the instant Patent(s).

3) In addition, the 4-working process of comparable inventions 1, which, in order to achieve the facilitation of assembly by omitting the installation work of cutting down the string of the reinforcement board, has "a structure forming the reinforcement board (91) and the bending 92 (92) together with the string (7 drawings)." The 5-working process has the same problem as the first implementation example, and the 5-working process omits all of the installation work of a reinforcement board for water and the installation work of a bending string string (101) for the string (102) to achieve the facilitation of assembly. The 4-working process of comparable inventions 1, "a structure (8) composed of a string (101) and a bending 102) with a string, etc., has taken place "a structure (8) composed of a string stringing strings with a large amount of metal materials."

4) Further, the comparable invention 2 is the structure that combines metal materials to the plastic laundb in an indirect laundry, “the structure that combines metal materials to the laundb by the laundry.” However, this is about the indirect laundry in which the laund is located below the lab and its power is delivered to the drum using the laund and Belgium, which is different from the invention of No. 10 of the instant 1 patent and the comparable invention 1 of the instant laundry method, which is directly connected to the laundry, and accordingly, it is difficult to see that the laundry structure is derived from the combination of comparable invention No. 10 of the cited invention 1 of this case, such as the problems that the laundry will become the laundry by the laundry or the mother, or the technical task that should have been easily maintained by the traundter, etc., and therefore, the structure that can be derived from the combination of the invention 1 of the cited invention 2 of this case.

5) Meanwhile, the detailed description of the invention related to the first-working art of the comparable invention 1 includes “the ste (54) is good to be attached to the reinforcement board (35) or water tank (36). This reinforcement board (35), water tank (36) and steling (41) are being attached to the water tank (26).” However, on the other hand, the fourth-working example of the comparable invention 1 includes “a structure that forms reinforced board and bee steling so as to be combined with a stegl, etc. and fixs the steglter,” and during the fifth-working period, it is hard to see that the stegr and stegr are built by a stegr and the stegr are combined with the stegr in a water tank and the structure of the stegr which goes beyond the ordinary structure of the stegr and the stegr 1 of this case.”

C. Sub-decision

Therefore, the invention No. 10 of the instant Claim No. 1 is different from the cited inventions and the technical composition thereof, and significantly improved and advanced in their operational effects, and thus, it cannot be easily claimed from the comparable inventions by ordinary technicians. Therefore, the nonobviousness of the instant Claim No. 10 cannot be denied.

5. Whether the inventive step under Article 1 of the Patent 1 of this case is recognized

A. Technology composition and action effect of Patent 1 Patent 31

In light of the technical structure and the entire description of the first patent paragraph 31 pertaining to “laundry using the drum method in which laundry takes place by the drum which takes place mainly around the horizontal axis,” and laundry method in which the energy of the drums directly delivers the drums to the drums axis,” and in light of the overall description of the technology structure and specifications, it is difficult to conclude the drum in the previous “drum method which indirectly delivers the drums using the drums and drums” with high risk of waste of energy, and large weight of the unit price by the drums of the shot material, and at the same time to resolve the problems such as “diundry and laundry method” in which the drums and drums do not take place separately from the drums of the drums, such as comparable inventions 1, and then it is difficult to do so with the steveter in the case of the steveter.

The premise of Paragraph 5 of Article 1 of the Patent Act and Paragraphs 1 through 5 of the same Patent Act are identical to that of Paragraph 31 of the same Patent Act, and Section 6 of the component of Paragraph 31 of the same Article are "the latter part of the Berning sub-paragraph 31 of the Plast shall not be covered by the after wall part of the Plast ter and shall be exposed to the outside," and "the latter part of the shot rackter" shall be closely adhered to the latter part of the singing sub-paragraph 31 of the above Bring sub-paragraph 31 of the Patent Act, which are exposed from the above BrB, are covered by the employment of the elements of the invention, even if the thickness of the latter part is fixed to the latter part of the ter, the latter part part of the bring sub-paragraph 31 of the bring sub-paragraph 31 of the Patent Act shall not be able to secure the thickness of the bring sub-project in a relatively more solid way to ensure the thickness of the upper part.

Furthermore, it is reasonable to regard the composition of “twitter fixed between the twitter and the twitter” as “a structure fixed by contact between the twitter and the twitter” among the claims of patent No. 1 of the Patent Act as “the structure fixed by contact between the twitter and the twitter” in the determination of inventive step under paragraph (5) of the Patent No. 1 of this case.

B. Comparison with comparable Invention

1) Inasmuch as the composition and composition of the premise set forth in Article 1(31) of the instant Patent No. 31 are identical to that of the same patent No. 5, it is difficult to view the composition that is easily derived from comparison with the comparable invention No. 1 and 2 in comparison with the inventive step set forth in the instant Claim No. 1(5).

2) Furthermore, as seen in the determination of inventive step under Article 1(5) of the instant patent Claim No. 1, the following facts: (a) it is not easily derived from the cited inventions 1, 2, and 4, constituting “a letter fixed between the attachment and the attachment,” as indicated in the patent claim No. 1 of the instant patent Claim No. 31.

3) As regards comparable invention 1, part of the latter part of the bending down (41) to be exposed from the wall of plastic water tank (26) is protruding out. However, in the case of Claim 1 Patent 31 invention of this case, the latter part part of the scambling in the outer part of the bending cover, while the latter part of the scambling (35) is not closely adhered to the outer part of the bending cover of the bending cover (41) in the case of Cited Invention 1-Do2, the latter part of the scambling cover (35) is different from that of the scambling cover (41) in that the latter part of the bending down in the bending covering covering type 3. However, it is difficult to see that the scambling type labing type and the structure of the scambling type (1) invention of this case and the structure of the scambling type (31) invention of the prior invention.

C. Sub-decision

Therefore, the invention No. 1 of the instant Claim No. 31 is different from the technical composition of the cited inventions and significantly improved and advanced in their operational effects, and thus, it cannot be easily claimed from the comparable inventions by ordinary technicians. Therefore, the nonobviousness of the instant Claim No. 1 cannot be denied.

6. Whether the inventive step under Article 2(1) of the Patent Act is recognized

A. Technical composition and effect of patent No. 2 of the instant patent No. 1

1) In light of the technical structure and the entire specification, Claim 2 of the instant patent pertains to “laundry laundry with a drum consisting of 1 laundry with the focus on horizontal axiss and 2 laundry with a laundry with a view to directly transmitting the drums to the drums without going through grass or labellings.” In addition, in light of the existing “laundry with a view to indirectly transmitting the drums’ power to the drums by using drums and drums”, it is difficult to resolve the problems, such as “after-laundry with a 7 laundry with a view to 4 laundry with a view to increasing weight of the unit price due to the slabs of the steundry material,” and at the same time, it is difficult to conclude the laundry with a vex with a view to the laundry of the laund and the vex with a view to the launding of the laund.”

Furthermore, it is reasonable to regard the composition of “twiter fixed between the twitter and the twitter” as “a structure fixed by contact between the twitter and the twitter” as “a structure fixed by contact between the twitter and the twitter” in the patent claim of the second patent claim of this case, as seen in the determination of inventive step under Article 1(5) of the Patent 1 of this case.

As a result of the adoption of the aforementioned composition, Article 2(1) invention of the Patent 1 of the instant case is composed of the following elements: (a) the bend of metal material is so that the sphering sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere may be omitted; and (b) the process of separately assembling sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere.

B. Comparison with comparable Invention

1) Claim 1 invention of this case is "a structure which is equipped with tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's tamper's 26th.

2) Furthermore, the fact that it is not easily derived from the cited inventions 1, 2, and 4 constituting “a book fixed between the attachment of the subsequent wall and the steter” as indicated in the claim(s) of the instant Claim(10) invention is examined in the determination of inventive step under Article 1(5) of the instant Patent(s).

3) In addition, the 4-working process of comparable inventions 1, which, in order to achieve the facilitation of assembly by omitting the installation work of cutting down the string of the reinforcement board, has "a structure forming the reinforcement board (91) and the bending 92 (92) together with the string (7 drawings)." The 5-working process has the same problem as the first implementation example, and the 5-working process omits all of the installation work of a reinforcement board for water and the installation work of a bending string string (101) for the string (102) to achieve the facilitation of assembly. The 4-working process of comparable inventions 1, "a structure (8) composed of a string (101) and a bending 102) with a string, etc., has taken place "a structure (8) composed of a string stringing strings with a large amount of metal materials."

4) In addition, the comparable invention 2, “the structure in which metal materials are combined with scambing in plastic scamb,” was launched “the structure in which the scambling of metal materials is combined with scambing in plastic scambs. However, this is related to the scambling of indirect scambling in which the scambbs are located below the scamb and their power is delivered to the scambs using the scam and scambs, and the scambling method differs from the scambling Claim 1 invention of this case concerning the scambling method directly connected to the scambling scambs, and accordingly, there is no problem that the scambling scambling would be developed by the scambling scambling scambling or the scambling method that can be easily derived from the structure of the invention 12.

5) Meanwhile, the detailed description of the invention related to the first-working art of the comparable invention 1 includes “the ste (54) is good to be attached to the reinforcement board (35) or water tank (36). This reinforcement board (35), water tank (36) and steling (41) are attached to the water tank (26).” On the other hand, while the fourth-working example of the comparable invention 1 includes “a structure that forms reinforced board and beves with a steves, etc. and fixs the steves thereto,” it is hard to see that the steves and steves are built by a steves and steves with a steves, etc., and the steves and steves are installed by a steves structure that goes beyond the ordinary structure of the steves and steves as seen earlier.”

C. Sub-decision

Therefore, the second patent Claim No. 1 invention of this case is different from the cited inventions and its technical composition is considerably improved and advanced in its operational effects, and thus, it cannot be easily claimed from the comparable inventions by ordinary technicians. Therefore, the nonobviousness of the second patent Claim No. 1 invention cannot be denied.

7. Whether the defendant's working techniques belong to the scope of each patent of this case

First of all, there is no dispute between the parties as to the fact that the Defendant’s practice technology contains the elements of paragraphs 5 and 10 of the Patent No. 1 of this case, and thus, it will focus on the Patent No. 31 and Patent No. 2 Patent No. 1 of this case.

A. Whether the Defendant’s implementation technology includes the elements of patent No. 1 and patent No. 31 of this case

The defendant asserts that the 31 invention of this case is composed of a material of metal materials exposed to the latter part of the Poster to support the Poster and maintain the taster's depth, and is directly closely adhered to the latter part of the Poster's outer part. The defendant's implementation technology consists of the latter part of the Poster's external part of the Poster in order to enhance prefabricated, and thus does not fall under the scope of the right under the above 31.

In light of the records of evidence No. 10-6, the latter part of the book of the defendant's product 10-6 came into contact with part of the exposed part of the outer part of the exposed benda, but it can be recognized that the remaining part of the benda of the benda and the external part of the benda are separated. Thus, it is reasonable to view that the defendant's implementation technology does not include the component element No. 31 of the 1 Patent 31 of this case. Thus, the defendant's above assertion is justified.

B. Whether the Defendant’s implementation technology included the elements of patent No. 2(1) of the instant case

The defendant asserts that Article 2 (1) of the Patent 1 of this case has multiple horizontal pages set up against the post wall, and that the above horizontal plane sticked to the post wall string, and at least one stample is formed on the side of the stringter, and that the defendant's implementation technology only exists in protruding part as the string side, and does not include the composition of the string part.

According to the attached Form 3 [Do 1], the defendant's implementation technology consists of a number of horizontal plane (H1-H4) toward the back wall (200) from the center of Poter (170) and the outer side of the Poter (200). The defendant's implementation technology is composed of a number of horizontal plane (H1-H4) toward the back wall (200) and a protruding toward the side of the Poter (200) and a protruding toward the side of the Poter (140) as its component.

Examining the attached Form 3 [Do 1], among the technical composition of the invention of Claim 1 of Patent 2 of this case, the Defendant’s implementation technology contains the horizontal plane of the invention of Claim 1 of Patent 2 of this case, since multiple horizontal plane is formed between the central division and the outer side, protruding to the side of the subsequent wall (200) and protruding to the side of the tebrogate (14) and is substantially identical to that of the tebro (17) where a single part is formed. Thus, the Defendant’s implementation technology includes the horizontal plane of the invention of Claim 1 of Patent 2 of this case.

C. Whether the Defendant’s implementation technology constitutes a free implementation technology

1) The composition and effects of the Defendant’s implementation technology

The Defendant’s implementation technology is “a structure fixed by tampers inside the hub after the tamper of plastic material and integrated with the tamper between the tamper and the tamper of the tamper,” whereas comparable invention 1 is “a structure fixed by contact with the tamper between the tamper and the tamper of the tamper,” fixed on the tamper of metal (35) and the attachment of tamper (41a) are fixed at certain intervals by a large number of V (42) and is difficult to maintain the tamper’s tamper’s tamper’s tamper’s tamper’s tamper’s tamper’s tamper’s tamper’s tamper’s tamper’s tamper’s tamper’s tamper’s tamper’s tamper’s tamper’s tamper’s ther ther.

In addition, the No. 4 of the comparable invention 1, "In order to achieve the facilitation of assembly by omitting the installation work of a bending to the reinforcement board", "a structure (the drawings) forming a whole of the reinforcement board (91) and bending (92) through a dygs, etc.," the foregoing problems are the same as the first implementation example, and the fifth example of the fifth implementation is the same as the attachment work of a reinforcement board to a water tank and the installation work of a bending (the installation work of a bending) on a water tank in order to achieve the facilitation of assembly by omitting all of the installation work of a bending (101) and a bending (102) with a water tank (the drawings). In order to achieve the facilitation of assembly, "a structure (the drawings) forming a body of bending (101) with a water tank and a 102) with a water tank, it can not be seen as a structure that causes a large amount of weight to a water tank."

In addition, the cited invention 2, “the structure in which metal materials be cut up in plastic laundb in an indirect laundry, consisting of a structure in which strings of metal materials are combined with a string type.” However, this is related to an indirect laundry in which the mother is located below the bund and its power is delivered to the drum using a swimming and Belgium, which is different from the Defendant’s implementation technology of the drum washing method directly connected to the bundry axis and the comparable invention 1, which are different from the cited invention 1, and accordingly, the problems that the bundry is going up by the bundling type or the method of resolution, such as the occurrence of technical problems that need to maintain the bundledness of the stetrab, etc., and therefore, it cannot be seen that the structure of the bundd Invention 2 is easily derived from the Defendant’s implementation of the structure of the bundd Invention 1 by simply combining the technology composition of comparable invention 2.

On the other hand, the detailed description of the invention related to the first invention of the comparable invention 1 includes "the stud (54) is good to be attached to the reinforcement board (35) or water tank (36). This reinforcement board (35), water tank (36), and bending (41) is being attached to the water tank (26)." On the other hand, while the fourth implementation of the comparable invention 1, "it is difficult to see that the reinforcement board and bending can easily be seen as being attached to the stud (26) structure beyond the aforementioned structure of the previous 4th art."

In addition, as seen in the drawing in the attached list 4 of the cited invention 4, the absence of the Defendant’s assertion as “spores” is not called “CLAPPPPPPS STE STR TPPD”, and it is reasonable to deem that the Defendant is not a separate spores, but a combination under the upper and/or part of the spores, thereby forming a part of the spores. Therefore, it is difficult to readily conclude that “a structure fixed by contact between the spores and the spores and the spores, which is the Defendant’s implementation technology, from comparable inventions 4.”

Therefore, the Defendant’s implementation technology is different from the cited inventions without any need to further examine the remainder of the composition, and is considerably improved and advanced in its operation effects. Thus, it is not possible for an ordinarily skilled person to easily make inventions from the comparable inventions, and thus, it does not constitute a free implementation technology.

D. Sub-determination

Thus, the laundry in the separate sheet Nos. 1 and 5 of this case, in which the Defendant’s practice technology is embodied, constitutes an infringement under Articles 1(5), 10(1) and 2(1) of the Patent Act (hereinafter “infringed each patent”). As such, the Defendant is not obliged to produce, use, transfer, lease, import, display or make an offer for the transfer or lease of, or sell, laundry machines listed in the separate sheet No. 1 of this case, and all the Defendant’s company, factory, warehouse, agency, etc. are obliged to discard the completion of laundry machines listed in the above paragraph (1) of this case, and the raw materials and machinery used only

8. Calculation of damages;

A. The parties' assertion

1) The plaintiff's assertion

The plaintiff sought damages against the defendant pursuant to Article 128 (1) 2 of the Patent Act, the total amount of KRW 128 (5), (10) and (2) of the attached Table 1-29 of this case multiplied by KRW 29, KRW 275, KRW 278, KRW 279, KRW 279, KRW 279, KRW 279, KRW 375, KRW 279, KRW 279, KRW 279, KRW 279, KRW 375, KRW 279, KRW 279, KRW 375, KRW 279, KRW 279, KRW 275, KRW 279, KRW 375, KRW 279, KRW 375, KRW 279, KRW 475, KRW 57, KRW 279, KRW 575, KRW 279, KRW 375, KRW 2006, KRW 1385, KRW 296.

2) The defendant's assertion

The defendant asserts that the defendant should calculate the limitation profit of the plaintiff's product model realized by each patent infringed among the plaintiff's drum washing machine products. The plaintiff did not specify the product model realized by each patent infringed upon, in calculating the limitation profit, the advertisement cost and significant labor cost of specific products should be deducted from the cost change cost. ② In this case, the patent is part of the infringed product, and the defendant's business ability, trademark, corporate credit, etc. are also recognized as having contributed to the occurrence and increase of the infringer's sales profit in addition to the patent technology, the defendant's contribution to the patent at issue should be considered in calculating the amount of damages.

B. Determination

Considering the facts that there is no dispute between the parties, the Nonparty’s appraisal results and the fact-finding results of the 209.8.7 billion won of the Plaintiff’s 13rd 2, the sales volume of the products listed in the table of 1, 204, 22, 819, 27, 206 11, 304, 354 of the Plaintiff’s total sales volume per 767, 207, 279, 207, 279, 207, 308, 477, 207, 197, 207, 207, 207, 37, 209, 207, 305, 37, 47, 209, 206, 207, 375, 207, 209, 209, 37, 375, 207

However, in a case where it is recognized that the defendant's capital, business ability, and corporate credit have contributed to the infringer's increase in sales profit of the product not only to the whole working part of the patented invention but also to the infringing product, it may be limited to the extent of contribution by the infringer's patented technology. Considering that there is no dispute between the parties as to the damages for patent infringement and that the entire arguments were written in No. 22, No. 25, and No. 26, each of the following circumstances, i.e., the laundry [2] ① the number of laundrys, ② the number of laundrys inside the above laundry, ② the number of laundrys generated by the defendant's infringement of the defendant's right to the above laundry, ③ the number of laundry-related products, ④ the number of laundry-related products, ④ the number of laundry-related products, ⑤ the number of laundry-related products, and the number of laundry-related products, etc.

(State 3)

The market share of each company of the drum set machines from around 2004 to 2007 shall be as follows:

본문내 포함된 표 ？ 2004년 1월~9월 2004년 10월~12월 2005년 2006년 2007년 원고 58.2% 58.6% 49.5% 49.7% 48.3% 삼성전자 35.9% 35.8% 41.0% 42.2% 46.5% 피고 0.4% 3.2% 8.7% 7.8% 4.9% 기타(GE 등) 5.5% 2.5% 0.7% 0.3% 0.3%

Therefore, the Defendant is obligated to pay the Plaintiff the damages for each patent infringed upon (i) KRW 1,766,474,867 (i.e., KRW 8,832,374,339 x 20% x 20% x 20%) and damages for delay.

C. Sub-committee

Therefore, the defendant is obligated to pay to the plaintiff 1,766,474,867 won and 20% interest per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 18, 2007 to October 14, 2009, which is the date following the day when the copy of the complaint of this case was served to the defendant as requested by the plaintiff.

9. Conclusion

Therefore, the plaintiff's claim is justified within the above scope of recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

[Attachment]

Judges Lee Sung-chul (Presiding Judge) Kim Jong-il

(1) On October 21, 2008, the Plaintiff changed the claim for infringement of patent No. 1 Patent No. 25 to the claim for infringement of patent No. 31 of the same Act from the preparatory brief (section 2) dated 21, 2008.

(1) Where a patentee or exclusive licensee claims compensation from a person who has intentionally or negligently infringed a patent right or exclusive license for damages caused by the infringer’s transfer of infringing articles, the amount of damages that the patentee or exclusive licensee has sustained may be calculated by multiplying the number of transferred articles by the profit per unit of the articles that the patentee or exclusive licensee might have sold in the absence of said infringement. In such cases, the amount of damages shall not exceed the amount calculated by multiplying, the number obtained by subtracting the number of articles actually sold from the number of articles that the patentee or exclusive licensee could have produced, by the profit per unit: Provided, That where the patentee or exclusive licensee was unable to sell his/her product for reasons other than infringement, a sum calculated according to the number of articles that the patentee or exclusive licensee could not sell shall be deducted.

Note 3) The market share of each company from around 2004 to around 2007 for the drum laundry is as follows: