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(영문) 서울남부지방법원 2008.4.18.선고 2004가합2596 판결
특허침해금지
Cases

204Gahap2596 Prohibition of Patent Infringement

Plaintiff

00,00 (000000, Inc.)

United States

Representative 000 0. 00000

Law Firm Governing Do, Counsel for defendant-appellant

Attorney Seo-young, Counsel for the defendant-appellant

Defendant

Co., Ltd. 000

Seoul

Representative Director 000

Law Firm LLC, Attorney Park Jae-soo

Attorney Kim Jae-hun, Justice Kim Jae-hun, Justice Kim Jong-hoon, and Justice Cho Hyun-chul

Law Firm continental, Counsel for the defendant-appellant

Attorney Jeong Jin-jin, Justice Park Jong-chul, and Kim Dong-dong

Conclusion of Pleadings

October 19, 2007

Imposition of Judgment

April 18, 2008

Text

1. The plaintiff's claim is dismissed.

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

Purport of claim

The defendant shall manufacture, use, transfer, lend, import, display, or exhibit the products listed in the attached list 1 through 11.

shall not make an offer to transfer or lend the product, and the head office, branch, office, or permanent office of the defendant

Product finished products and semi-finished products listed in the attached Tables 1 through 11 kept in the business place, factory, or warehouse, and the same.

All the production facilities used for the manufacture of products shall be discarded.

Reasons

1. Basic facts

A. The plaintiff has the following patent rights (hereinafter the plaintiff's patent rights referred to as "patent Nos. 252 and 457", "patent No. 1", "patent No. 324 and 064", "patent No. 2", and "patent No. 2", and "the plaintiff's patent rights" are combined).

(1) The title of invention 1) invention: The date of application of the interconnection method (b) using canethyl elements and sacrifice stories / the date of registration / The patentee of February 13, 1997 (No. 252, 457C): Claim 7, 10, 11, 53, 54, 58, 59: The title of invention 2 (A) invention of the patented invention (b) invention is as shown in the annexed list 1, 2, 4 through 8: The structure of the contact gap for the primary and electronic elements, and the method of manufacturing them (b) the date of application, No. 252, 457, Jan. 18, 200: the patentee of January 18, 200; 3) the date of application, No. 1365, Feb. 14, 1998; 2) the patentee of the patented invention is as described in the annexed list 1, 2, 34 through 196

B. The Defendant is manufacturing and selling the protocol card in the name of ESS Unit or ESPard (hereinafter “infringed invention”).

[Ground of recognition] Unsatisfy, entry of Gap 1 through 4, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion

The defendant's infringement invention infringes upon the claim 7, 10, 11, 53, 54, 58, and 59 of the patented invention and the claim 9, 16, 17, and 25 of the patented invention.

B. (1) Even before a final decision on invalidation of a patent becomes final and conclusive, the court which deliberated on a patent infringement lawsuit may determine whether there is a ground for invalidation of the patent, and if it is evident as a result of the trial that the patent has a ground for invalidation, a claim for prohibition and compensation for damages based on the patent right is not allowed as it constitutes an abuse of rights, barring any special circumstances. Thus, the Plaintiff’s exercise of the patent right constitutes an abuse of rights since each of the above claims of the instant patent invention constitutes grounds for invalidation due to lack of newness and inventiveness. (2) The Defendant’s infringement invention differs from each of the above claims of the instant patent invention, and thus, it does not infringe the above claims.

3. Determination on the assertion of infringement of patent invention 1

A. In principle, the scope of a patent right or actual scope of a patent right with respect to paragraph (1) of this Article shall be determined based on the claims described in the specification attached to the patent application (see Supreme Court Decision 9Hu2150, Apr. 12, 2002). In a case where the claims are clearly understood and it is not clear in light of the detailed description of the invention, even if any, it shall be based on the description of the claims in the patent application in recognition of the summary of the patent invention for the determination of the omission and invalidation of the patent registration (see Supreme Court Decisions 9Hu734, Sept. 7, 2001; 2003Hu496, Dec. 9, 2004, etc.).

(2) According to the evidence evidence No. 2, the patent invention No. 1 claim No. 1 (hereinafter referred to as "claim No. 1 invention") of the patented invention can be acknowledged as a method of manufacturing interconnection elements: ① the stage of manufacturing interconnection parts containing the connected area (ent components 1); ② the stage of manufacturing canthirth structure on the scirth floor (ent components 2); ③ the stage of installing canthirth structure on the connected part of the interconnection part (ent components 3); ④ the stage of removing at least parts of the scirth floor to remove canthirth structure from the scirth floor (ent components 4). Since the invention No. 1 does not limit the "Interconnection part" and the "scirthththr structure" itself, it is not clear that the description has been completed, and therefore, it is not possible to consider the detailed description in determining invalidity or invalidity of the invention No. 1.

On the other hand, according to the following facts: (a) Invention 14; (b) the two different stages of comparable invention 2; (c) the two different stages of ethyl compound 1; (d) the two different stages of ethyl compound 2; (c) the two different stages of ethyl compound 3; (d) the two different stages of ethyl compound 1; (d) the two different stages of ethyl compound 2; and (d) the two different stages of ethyl compound 1; (e) the two different stages of ethyl compound 2; (e) the two different stages of ethyl compound 3; (e) the two different stages of ethyl compound 1; (e) the two different stages of ethyl compound 2; and (e) the two different stages of ethyl compound 1; and (e) the two different stages of ethyl compound 2; (e) the two different stages of ethyl compound 3; (e) the two different stages of ethyl compound 1; and (e) the two separate stages of ethyl compound 1;

C) 'The stage at which 'the 3 components of the invention in paragraph 1 is installed in an interconnection connection area' is 'the stage at which 'the 236 element' is installed in comparable inventions 1, 'the stage at which 'the 236 element' is 'the stage at which 'the 227 element is installed in the 'the 32,34,52 'the 36 element' in comparable inventions 2' in 'the stage at which 'the 'the 56 unit' is 'the 'the 21 unit' in comparable inventions 3, the 'the 'the 21 unit' in 'the 'the 21 unit' in 'the 'the 25 unit' in the 'the 's unit at which the 'the 's unit' is installed in the 'the 's unit at which the 's unit' (236) 'in the 's unit((s) is 'the 's unit at which combine with the ' in 1st.

(D) In the stage of removing at least a 4th component of the invention in paragraph (1), 'the stage of removing canethyl butter structure from the sacrifice 1' from the sacrifice 1', 'the stage of removing the sacrifice 1', 'the stage of removing the contact fluorium (35) of the comparable invention 2', 'the stage of removing canter base (35) by the word 'the stage of removing canter base by the word 'the stage of removing canter base (21)', 'the stage of removing canter base board (21) of the comparable invention 3', 'the stage of removing canter structure by the word 'the stage of removing canter structure from the sacrifice 702', 'the stage of removing the sacrifice 1' from the sacrifice 1, 12, 300 and the method of removing the same ethyl structure or the same ethyl structure (702) 'the method of removing the same ethyl structure from the same 3th component. Therefore, the invention is not new '.

However, even if it is not so, the interconnection components among the inventions in paragraph (1) are installed between canethyl buter structures and electronic parts and convey electric signal. As described in paragraph (1) invention 1 through 3, the method of manufacturing interconnection components are installed on the electronic parts, which connects overccoin from the electronic parts, and then hosting them, connects overccoin, and then manufacturing the interconnection components, the method of manufacturing the interconnection components on the preserving date structure, the method of manufacturing the interconnection components on the preserving date structure, and the method of manufacturing the interconnection components on the upper part of the invention in paragraph (1) are somewhat different forms. In view of the elements falling under the interconnection parts in paragraph (1) invention and the interconnection parts in paragraph (1) invention in paragraph (1) invention are manufactured on the upper part of the interconnection, which is made in a process separate from the interconnection parts, and it is not possible for the person who made an average ethyl part of paragraph 1 or 3, which is an inventive part installed in the outer ethyl part of the contact with the invention in paragraph (1) invention zone.

나. 청구항 제10항에 관하여 ( 1 ) 갑 2호증의 기재에 의하면 특허발명 1의 청구항 제10항 ( 이하 ' 제10항 발명 ' 이라한다 ) 은 청구항 제1항의 종속항으로서 청구항 제1항 발명의 일부 구성요소인 ' 희생기층 상에 캔틸레버 구조물을 제작하는 단계 ' 를 ① 희생기층 상에 마스킹층을 제공하는 단계, ② 마스킹층에 개구를 형성하는 단계, ③ 개구에 탄성 재료를 침착하는 단계로 구분하여 기술하고 있는 사실을 인정할 수 있다 . ( 2 ) 별지 목록 12 비교대상발명 4 기재와 같이 1988년도에 희중당에서 발행된 ' 반도체 디바이스 ' 라는 서적 ( 을 21호증 ) 에서는 포토리소그래피 방법을 이용하여 개구를 형성하는 방법을 설명하고 있는데, 그 방법 중 ① 웨이퍼의 중심에 액체 레지스트를 떨어뜨린 후 웨이퍼를 회전시킴으로써 웨이퍼 전면에 레지스트액의 얇은 층을 입히는 단계는 제10항 발명의 ' 희생기층 상에 마스킹층을 제공하는 단계 ' 에 대응되고, ② 웨이퍼 전면에 얇은 층으로 입혀진 레지스트층 위에 일정한 패턴의 마스크를 장착한 후 이를 UV광에 노출시켜 마스크로 가려지지 않은 나머지 레지스트층이 제거되게 하는 단계는 제10항 발명의 ' 마스킹층에 개구를 형성하는 단계 ' 에 대응되며, ③ 위와 같이 마스킹층 이 제공되고 여기에 개구가 형성된 후 금속재료를 형성된 개구에 침착하게 하는 단계는 제10항 발명의 ' 개구에 탄성 재료를 침착하는 단계 ' 에 대응된다 . ( 3 ) 별지 목록 12 비교대상발명 5 기재와 같이 1994. 10. 11. 공개된 미국특허 제5, 354, 205호 ( 을 22호증 ) 에서는 맨드렐 위에 테플론과 같은 비도전성 코팅 ( 마스킹층 ) 을 마련하고 이 테플론에 일정한 모양의 홈부 ( 개구 ) 를 형성하는 기술구성을 개시하고 있는데 이는 제10항 발명의 ' 희생기층 상에 마스킹층을 제공하는 단계 ' 와 ' 마스킹층에 개구를 형성하는 단계 ' 의 기술구성요소와 동일하고, 또한 위 특허에서는 맨드렐 상의 테플론 ( 마스킹층 ) 에 형성된 홈부 및 함몰부에 도전성 재료를 침착하는 방법을 개시하고 있는데 이는 제10항 발명의 ' 개구에 탄성 재료를 침착하는 단계 ' 와 동일하다 . ( 4 ) 별지 목록 12 비교대상발명 2 기재와 같이 1990. 4. 10. 공개된 미국특허 제4, 916, 002호 ( 을 23호증 ) 에서는 텅스텐 팁을 제조하는 방법에 관한 것으로서 ① 기판 ( 웨이퍼 ) 위에 마스킹층 ( 질화실리콘층 또는 이산화실리콘층 ) 을 제공하는 단계, ② 마스킹층 ( 질화실리콘층 또는 이산화실리콘층 ) 에 개구를 형성하는 단계, ③ 개구에 탄성 재료 ( 텅스텐 ) 를 침착하는 단계의 기술구성을 보여주고 있다 . ( 5 ) 위와 같이 제10항 발명은 제1항 발명의 캔틸레버구조물 제조공정에서 희생기층에 감광수지 ( photoresist ) 와 같은 마스킹 ( masking ) 재료를 사용함으로써 캔틸레버구조물을 다양한 각도의 정밀한 형상으로 제조하는 방법이라고 할 것인데 비교대상발명 2, 4, 5에는 레지스트액, 테플론, 질화실리콘층 또는 이산화실리콘층 등의 마스킹 재료를 사용하여 개구를 형성하고 이에 일정한 재료를 주입하여 부품을 제조하는 방법이 개시되어 있는바, 제10항 발명은 평균적 기술자가 비교대상발명 2, 4, 5 또는 그들의 결합으로부터 용이하게 발명할 수 있는 것이므로 진보성을 인정할 수 없다 .

C. According to the evidence evidence No. 11 as to the claim No. 11, the patent invention No. 11 (hereinafter referred to as "the patent invention No. 11") can be acknowledged that the patent invention No. 1 (hereinafter referred to as "the patent invention") is "a method with the characteristics of spreading canethyl structure from one part to one part."

Meanwhile, as indicated in the annex No. 3, 826, 984 (No. 24) of the U.S. Patent No. 3, 826, and 984 (No. 24) disclosed on July 30, 1974, stated the composition of a multi-tamper, which is an electrical voltage, and the effect that can spread the form of a probin tamper, which is an electrical voltage, and can be obtained through such a tamper, as indicated in the annex No. 1247, Jan. 12, 198, as indicated in the annex No. 1244, No. 417 (No. 25) of the U.S. Patent No. 4, No. 96, Nov. 16, 198, which was disclosed, has the effect of spreading the chip of the integrated circuit No. 96, Nov. 16, 196.

(2) Accordingly, it is not possible to recognize the inventive step because it can easily be seen as an average technician by applying the tegrative shape launched in relation to the tegrified Invention 6 or 8, which is the characteristic of the invention in paragraph (11), to can be seen as an egrative shape. Furthermore, according to the description of No. 11-5 and the appraisal of appraiser 000, the Defendant’s infringing invention is narrow from the canthth of the egrative beam to the egrh of the egrh of the egrh of the egrh of the egrh of the egrh of the egrh of the egrh of the egrh of the egrh of the egrh of the egrh of the egrh of the egrh of the egrh of the egrh of the egrh of the egrh of the beam part.

D. As to paragraph (7) of this Article

According to Gap evidence No. 2, the patent invention No. 1's claim No. 7, as a dependent claim No. 1's dependent claim No. 7, can be acknowledged that the canethyl structure is characterized by "bradation or a damlurging with the connected part". However, as seen earlier, the invention No. 1's newness or inventive step is not recognized. According to the evidence No. 18, the patent invention No. 7 can be acknowledged that the combination method of ordinary divers such as barry or a daml with the claim No. 7 described in the attached Table No. 12 is initiated in the comparable invention No. 1 in the attached Table No. 12.

E. According to the statement in Gap evidence 2 as to claims 53, 54, 58, and 59, claims 53, 54, 58, and 59 are dependent claims 51, which are dependent claims 21, and each claim can be acknowledged as follows.

1) In the first step of providing the support floor of Claim 21, the above steps of containing adequate removal materials on the first page of the support base, and those of containing at least part of the aforesaid removal materials on the first surface of the support base, and those of exposing at least part of the string layers, and those of exposing the part selected on the string layer through the string layer, and those of exposing the 5th paragraph (2) of Claim 51, paragraph 51, paragraph 5 of the above, which are characterized by including those of forming the canthter element by cutting the string layer, and those of establishing the 5th claims, paragraph 1, paragraph 5, paragraph 5, paragraph 5, paragraph 5, paragraph 5, paragraph 5, paragraph 5, claims 5, claims 5, claims 5, claims 5, claims 5, claims 5, claims 5, claims 5, claims 5, claims 5, claims 5, claims 5, claims 5, claims 5, claims 5, claims 5, claims .

According to Gap evidence 2, in the detailed description of the invention 1 of the patented invention, "the above Alumin stories stories work as the cancelled layer. By using appropriate corrosion (etant) the above Aluminium chemical corrosions with other materials of the above assembly, and the above practical container (602) layers simply expand "(popup)", as in the city in 6e of "(popup)", it can be recognized that the above facts are stated. Considering the above facts, the cancelled material as referred to in Paragraph 21 of the claim can be seen to be separated from the ethyl can be seen as the ethyl element by removing the ethyl element by removing the ethyl element by removing the ethyl element, which is the first floor after forming the melter's other materials.

On the contrary, according to Gap's evidence No. 13, the defendant's registered patent No. 444 and 436 "(10) form a sad floor (Seed layer: 18) for the subsequent performance of the gold operations on the slick board(s) above, and form a 2nd protective gate (24) which limit the shape of the 1st beam line (24) to be formed by the subsequent process on the 18th floor(s) above." In relation to the function of the slick, the slick floor functions as a slick (ed 14) that makes the slicks easily slick inside the 14th screen(s) and it cannot be seen that the slick beamline of the defendant's infringed invention is formed for the purpose of smooth release of the claim No. 21.

(3) Therefore, the Defendant’s infringement invention does not include the phase of spreading materials for the rescission of claim No. 21. Thus, it cannot be deemed as infringing the claim No. 21, and it does not infringe the claim No. 53, 54, 58, and 59, which are dependent claims No. 21.

4. Determination on the assertion of infringement of the patented invention 2

A. As to the claim No. 1, the patent invention No. 2’s claim No. 1 (hereinafter referred to as “claim No. 1”) can be seen as follows: (a) in the process of manufacturing a mutually connected element with the part to carry out pressure connection to the part of the electronic part ① in the process of manufacturing the part to the part to the sacrifier structure on the sacriffy board (class No. 1); (b) in the process of combining the part to the part to the part to the part to the part to the part to the mutual connection structure manufactured in a process separate from the above contact preserving part (class No. 2); (c) in the process of forming the mutually connected element to the part to the part to the mutual connection structure (class No. 3) by removing the sacriffy board after combining the part to the part to the mutual connection part; and

(A) According to the specification of the invention of paragraph (1) 1, in a method of manufacturing mutually connected elements on the comparable invention 9, the combined section of the structure of the structure on the top of the studio in comparison with the 1studio of comparable invention, and the method of manufacturing the structure of the 1studio in comparison with the 1studio in comparison with the 1studio of comparable invention, the structure of the 1studio in comparison with the 1studio in comparison with the 1studio in comparison with the 1studio in comparison with the 1studio in comparison with the 1studio in comparison with the 1studio in comparison with the 1studio in comparison with the 1studio in comparison with the 1studio in comparison with the 1studio in comparison with the 1studio in comparison with the 1studio in comparison with the 1studio in comparison with the 1studio in comparison with the 1studio in combination with the structure.

(C) The elements of paragraph (1) invention 3 correspond to the stage of establishing a mutually connected element of the structure of the mutually connected element of the cited invention 9 by removing the sacrific layer from the structure of the structure, and by removing the sacrific layer in the structure made by removing the sacrific surface of the structure of the sacrific 10 from the comparable invention 10, the stage of establishing the sacrific rific surface structure with the removal of the removed machine board from the outer surface of the structure of the sacrific 10 from the comparable invention 10, the part of the sacrific 1 from the combined connective invention 1 is to be removed from the outer surface of the structure of the sacrific 1 from the combined invention, and the sacrific sacrative part of the sacrative invention is to be removed from the sacrific 1 from the outer surface of the sacrative invention.

B. As to paragraph 7 of the claim

According to Gap evidence No. 4, paragraph 7 (7) (hereinafter referred to as "paragraph 7") of the patented invention 2

In using the invention of paragraph 1, it is a subordinate claim that addss the ethic contact feature part that improves the electrical pressure connection formed by the contact preserving body with the part responding to the electronic part, and according to the specification, the invention of paragraph 7 is designed to achieve a reliable pressure connection with the former part parts by forming an ethic contact body on the surface of the contact preserving body. However, the invention of paragraph 9 and 10 can not be recognized as the same technological part as the ethic part of the endic part in the reverse protruding form (404,904) or the endic part (446,946) or the ethic part (46,946) with the ethic part of the ethic part of the ethic part in which the ethic part of the ethic part can not be recognized as the ethic part of the ethic part of the ethic part in which the ethic part and the ethic part of the ethic part can not be identical to the ethic part of the ethic part.

C. (1) According to the evidence evidence No. 4 of the claim No. 9 of the patented invention No. 2, the patent invention No. 9 (hereinafter referred to as "claim No. 9") is subordinate to the patent invention No. 7 invention’s claim No. 9 (hereinafter referred to as "claim No. 9") that limited the characteristics of the tropid type to be a tropid type, and according to the specification, the patent invention No. 9 (hereinafter referred to as "claim No. 9") can be seen to have a new feature of the tropid type, which is formed in the part of the mutual connection element No. 9 and 10, by forming the tropid type, the part of the tropid type or a single protruding part of the tropid type, which is installed in the part of the mutual connection element No. 9 and No. 10, and the subsequent effect differs from the two inventions No. 9 and No. 10.

However, in the comparable invention 5, the free surface of the testprob (40, 42) consists of the original horns, the breath-type hamp, the skin, or the bread-type hackd-type hackd-type hackd-type hackd-type hackd-type hackd-type hackd-type hackd-type hackd-type hackd-type hackd-type hackd-type hackd-type hackd-type hackd-type hackd-type hackd-type hackd-type hackd-type hackd-type hackd-type hackd-type hackd-type hackd-type hackd-type hackd-type hackd-type hackd-type hackd-type hackd-type hackd-type hackd-type.

(2) Furthermore, according to the appraiser 000's appraisal result, the contact point of the infringing invention is a modified structure of the dud type dud type dud type dud type dud type dud type dud type , and the form of the pole dud type dud type dud with the upper part of the team is recognized. Thus, if the above dud type dud type dud type dud type dud type dud type dud type dud type dud type dud type ar, the infringing invention is not infringed because the dud type dud type dud type is different from that of the dud type dud type 9 invention.

D. As to claims No. 15

According to Gap evidence No. 4, paragraph 15 (hereinafter referred to as "claim No. 15") of the patented invention No. 2 is subordinate to the claim No. 15 (hereinafter referred to as "claim No. 15) that restricts the mutually connected elements of the invention No. 1 to be a divers connected element extending from the surface of the electronic part, and comparable invention No. 9 or No. 11 has commenced the technology that is formed in the diversative process extending from the surface of the electronic part, and therefore, the invention No. 15 (hereinafter referred to as "claim No. 15) cannot be recognized as new because it is identical to the invention No. 9

E. As to claims No. 16

According to the evidence evidence No. 4, the patent invention No. 16 (hereinafter referred to as "claim No. 16") can be acknowledged that the patent invention No. 1 invention No. 2 is characterized by "the structure of the contact preserving device", which is an accessory to the patent invention No. 15, as an element of the patent invention No. 1, as an accessory to the patent invention No. 1, as an element of the patent invention No. 1, as an element of the patent invention No. 15. As seen above, the patent invention No. 1 and No. 15 did not recognize newness and non-obviousness, as an accessory to the patent invention No. 15. 16. The meaning of "tension form" is unclear, and the scope of rights cannot be specified, and even if it is recognized that the length is longer than the size of the patent invention No. 12, No. 12, 2, and the average ethyl can not be recognized by the patent applicant of the comparable invention No. 36.

F. As to claim 17

According to Gap evidence No. 4, the patent invention No. 17 (hereinafter referred to as "claim No. 17") is a subordinate claim of the patent invention No. 2, and the patent invention No. 1 (hereinafter referred to as "claim No. 17") is a subordinate claim of the patent invention No. 1, and it is characterized by including the stage to manufacture the structure of the contact preserving net in the form of a tension body with different parts from one in paragraph 1.

As seen earlier, the invention of Paragraph 17 includes the expression that the structure of the contact preserving device is long, so it cannot be specified in the scope of rights because it is not clear in its length, and even if it is recognized that it means a shape with a longer length compared to the size, it is publicly known in comparable inventions 1 through 3 as shown in the attached Table 12 because it is recognized that the structure of the contact preserving device is in the form of a canterer structure. Thus, the invention of Paragraph 17 cannot be recognized newness compared to the invention 1 through 3 of the attached Table 12.

G. As to claim No. 25

According to Gap evidence No. 4, paragraph 25 (hereinafter referred to as "claim No. 25") of the patented invention No. 2 is subordinate to the invention No. 1, and in Paragraph 1, it can be acknowledged that the contact preserving body structure is in the longer form and it is characterized by the first direction from one part to one part.

As seen earlier, newness of the invention of Paragraph 1 is not recognized, and in the invention of Paragraph 25, it is not clear that the length of the contact preserving body is the road structure, and in the direction where the contact preserving body is spread, the scope of the right cannot be specified because the first direction is not clear, and as seen earlier, can easily be seen by the average technician from theme vir type that began in the comparison 6 through 8, since it is difficult to recognize inventive step.

In addition, as seen earlier, the infringement invention takes the shot beamline form, where the width is narrow from the donation to the shotline, and the width is wider than a certain part, is different from the claim No. 25.

5. Conclusion

Therefore, since claims 7, 10, and 11 of the patented invention 1 and claims 9, 16, 17, and 25 of the patented invention 2 are invalid, the prohibition of infringement of the patent right of this case based on the patent right constitutes abuse of rights, and the defendant's infringement invention does not infringe upon claims 53, 54, 58, and 59 of the patented invention 1, and thus, the plaintiff's claim is dismissed for lack of newness and inventive step.

Judges

Judges Park Jong-chul, Judge

Judges Cha Sung-woo

Judges fixed-ranking

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