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(영문) 서울중앙지방법원 2017.06.29 2016가합579819
손해배상(기)
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. A. On November 27, 2015, Defendant Pop Pop P PP P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P PP L (hereinafter “Defendant P P P P P P P P P P P P P P P P P P P P P P P PP P”) acquired a patent listed in the separate sheet

B. On January 2016, 2016, the Plaintiff, while holding a negotiation on the purchase of the smartphone store manufactured based on Defendant B and the instant patent, did not comply with the terms and conditions such as unit price.

C. Around June 2016, the Plaintiff newly sought to develop and manufacture a smartphone store. Around June 2016, the Plaintiff entered into a gold-making contract with Nonparty C (mutual: D) and a smartphone store (one-day “gymnax”). From the E-Patent Office of the same month, the said product does not fall within the scope of the right to the patent of this case, and the instant patent was written in non-infringed opinion that the patent of this case did not have newness and non-obviousness.

On June 28, 2016, the Plaintiff entered into a contract with Nonparty Kakafren Ltd. (hereinafter “Kakafren”), which entered into a license agreement for the use of character with Nonparty 1 Co., Ltd. (hereinafter “Bafren”), to supply “special model Stockholm” and “original model Stockholm” (hereinafter “instant product”) which are the basic form of “non-party 1,” and “non-party 1, who entered into a license agreement for the use of character.”

E. On October 6, 2016, the Plaintiff was informed from the Kakafren on the part of the Kakafren to the point of time before resolving legal issues.

F. Meanwhile, on February 24, 2016, Nonparty F filed a petition with the Intellectual Property Trial and Appeal Board (2016Da464) for a trial ruling on invalidation of the instant patent. On January 12, 2017, the Intellectual Property Trial and Appeal Board rendered a trial ruling that the instant patent is denied non-obviousness, and Defendant pop-up diskettes on February 17, 2017.

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