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(영문) 서울고등법원 2010.10.14 2009나117944
특허권침해금지
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings as stated in Gap evidence Nos. 1, 2, 8, 18, and Eul evidence Nos. 4 and 5:

The status of the party is a company that develops, manufactures, and sells optical films, including the optical fluoric films.

The patent holder of the patented invention described in paragraph (1), and the plaintiff m&M corporation is the exclusive licensee granted an exclusive license for the manufacture, use, and sale of the patented invention from plaintiff m&M corporation in Korea.

The defendant is a company with the purpose of manufacturing, or selling optical fibres and optical elements, or manufacturing and selling optical components.

B. The Plaintiff’s patent right 1) The Plaintiff’s LIMcom has the following patent rights (hereinafter the following claims 1, 2, 5, and 6 are each “patent 1, 2, 5, and 6”, and the combination thereof is “the instant patent invention”.

(b) Patent number: The patent application date of August 29, 1997: the title of the invention on September 8, 2003: the luminous film with a variety of height structural screen and the scope of the claim for a patent and the main drawings of the product consisting of such film: the descriptions in Claim 1, 2, 5, and 6 and the main drawings are as shown in Appendix 2; 2) the elements of the patented invention are as follows:

Part 1, part 1, as a luminous film, including structural screen consisting of the symbols of the frithm elements, and (a) each frithm elements include at least part of the 1frithm elements, including at least part of the 1frithm elements of (b) the frithm elements consisting of (b) the frithm elements consisting of (b) the frithm elements consisting of at least part of the 1frithm elements consisting of at least part of the 1frithm elements located at the distance from the base page, which are shorter than the distance of 1st.

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