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(영문) 서울중앙지방법원 2018.03.22 2017고단8143
특허법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A patent infringement victim C is a patentee registered with the Korean Intellectual Property Office (registration number E) with respect to “D”.

The Defendant, as the representative of the Gangnam-gu Seoul Metropolitan Government F and the fourth floor “G,” produced and supplied the product “H” to which the aforementioned patent technology was applied from the injured party from around April 2015 to February 2016, and caused disputes with the victim due to the increase in sales price, etc., and produced and sold the shot device under the name of “I” from May 2016.

However, the above product produced and sold by the defendant includes paragraphs 2 and 2 of the patent invention of the victim (at least 1-1 in which one sium is inserted, the connection unit extended from the above sium (Composition 1-1-2) and the above connecting unit (Composition 1-3) and the high government (Composition 1-4 in which one motive is formed (Composition 1-4), which is at least one motive for suppressing the elbow in the inner side of the fixed unit (Composition 1-4), the claim 11 [at least one salinium (Composition 2-1), the connection unit extended from the above salinium (Composition 2-2), and the senior unit (Composition 2-3 in which one salinium is added) and the above salinium is extended from the above salinium (Composition 2-2) and the senior unit (Composition 2-3 in which one salinium is added), and the main motive of the above salinium and 12-4 in which are added by the end.

As such, the Defendant produced and sold 6,145 units from May 2016 to March 2017, and infringed the victim’s patent right.

2. The act of false labelling shall be any goods which are not patented, any goods which are not patented, any goods which are not patented, any goods which are produced by the non-patent method or any goods which are not patented in the non-patent application.

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