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(영문) 서울중앙지방법원 2015.01.29 2014가합550067
특허권이전등록절차이행등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures, processes and sells various textile products, such as cotton, hair, and chemical fiber.

The C&T Testing Institute (hereinafter “Defendant C&T”) is an incorporated association that conducts business of technological development, testing, analysis, and quality inspection related to textile products. Defendant A is a researcher affiliated with Defendant C&T who worked until February 201, and the Defendants are joint patent holders of the patent right listed in the attached Table (hereinafter “instant patent right”).

B. Around February 2013, the Plaintiff proposed to participate in a project for technological innovation of knowledge and economy promoted by the Government by using the patent right of this case from Defendant Cit and examined the feasibility of the project. On April 2013, the Plaintiff submitted a business plan (the title: the title of task: the development of sufficient fluorous fiber textile materials and products for the management of liquid water 4 level or higher, but failed to be selected as a project for technological innovation.

C. After that, on May 2013, the Plaintiff proposed commercialization of the technology related to the patent of this case to Defendant CoT in early 2013, and upon receipt of the said proposal, the Plaintiff requested Defendant CoT to conduct tests necessary for commercialization of the technology on July 2, 2013.

(C) Around July 17, 2013 to October 10, 2013, Defendant Catti conducted experiments on three occasions between July 17, 2013 and October 17, 2013. On December 17, 2013, Defendant Catti sent to the Plaintiff a report that the commercialization of the patent-related technology of this case is possible.

In the process of promoting the commercialization of technology by the Plaintiff and Defendant CoT, discussions on the method of technology transfer, such as the transfer or transfer of the patent of this case between the Plaintiff and the Defendant CoT, the establishment of exclusive license or non-exclusive license.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1 and 2 include the number.

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