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(영문) 서울중앙지방법원 2017.10.26 2015가합517234
특허권침해금지 및 손해배상
Text

1. The defendant

(a) manufacture, use, transfer, lease, import, or transfer, or transfer, products listed in the separate sheet;

Reasons

B. Of these Chapters 1 and 2 above, the head of the Dong Dong-dong branch (hereinafter referred to as the “entent 5”), the head of the Dong-dong branch (hereinafter referred to as the “entent 6”) composed of several sides of the above openings so that each part of both sides of the above openings can be cut off in a vertical line (hereinafter referred to as the “entent 7”), and the head of Si/Gun/Gu (hereinafter referred to as the “entent 7”), the head of Si/Gun/Gu in the outer side of the 2nd main body, protruding off and the head of Si/Gun/Gu in a flexible manner that can be combined with the above opening frame, and the head of Si/Gun/Gu in the middle of the above 1st unit and the head of Si/Gun/Gu in a flexible manner that the head of Si/Gun/Gu in the middle of the above opening is formed with a pairing machine formed from the inner side, and the remaining characteristics of the patented invention as a part of the claim hereinafter referred to as the “instant element”).

B. The defendant company's position is a company that carries on the manufacturing and selling business of clean studs, and the business of installing clean studs, etc., and completed the construction of the studs in the powder hospital (hereinafter "the construction of the instant case").

[Ground of recognition] Each entry of Gap evidence Nos. 1, 2, and 18 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The Defendant asserted that the Plaintiff infringed the Plaintiff’s patent right regarding the instant patent invention by producing and using the products listed in the separate sheet identical to the instant patent invention (hereinafter “instant infringed product”). As such, the Plaintiff sought against the Defendant for prohibition of infringement, destruction of created products, etc. and compensation for damages, such as the purport of the claim.

B. The Defendant alleged that the Defendant used his own product to build a studio by using the product, and produced and used the instant infringed product.

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