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(영문) 서울중앙지방법원 2016.12.02 2016가합513277
특허권 침해금지 등 청구의 소
Text

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

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

Reasons

1. Basic facts

A. The Plaintiff’s patented invention is a company that manufactures biotechnology-related products, wholesale and retail business, medical supplies, and wholesale and retail business of medicine-related products, and is a patentee of the following patented inventions (hereinafter “instant patented invention”).

1) The title of the invention: The patent application date/patent application number of the absorption studs with the external structure of protruding type on the surface (2)/patent application number: October 20, 2010; / Patent registration date/patent number: / Claim 4/ Claim 1057376/ 101; hereinafter referred to as “ Claim 1”) / (2) the patent application date / Claim 1 ( Claim 1) / (3) the high absorption absorbing high moleculor with the outer structure of protruding type (hereinafter referred to as “ Claim 1”) made of the body of the pots formed with the protruding part on the surface of the above vans; (3) the process of manufacturing the body of the pots, which is composed of the upper moleculors of the upper molecule body of the upper molecule body of which is at least melting temperature within the scope of melting temperature; (4) the characteristics of the claim 2 through 7 (2) the heat studing part of the body formed formed, including the above.

B. The Patent World Co., Ltd., Ltd., Ltd., Ltd. (hereinafter referred to as the “B World”) is a patentee of the patent invention listed in the attached Table 2, which is named the invention as “the manufacturing device and the manufacturing method of the sponsers for medical purposes” (hereinafter referred to as the “B World Patent”).

C. The Defendant’s products are manufacturing and selling the products listed in the separate sheet No. 1 (hereinafter “Defendant’s products”), which is a sponsors for medical treatment, as companies engaged in manufacturing medical devices and their incidental business.

According to the images of Gap evidence 10-2 and Gap evidence 20, the manufacturing source of defendant's product can be recognized as the defendant. Thus, the defendant's product is a product.

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