logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 특허법원 2017. 1. 20. 선고 2016나1646 판결
[특허권침해금지청구의소][미간행]
Plaintiff and appellant

니뽄가이시 가부시키가이샤 (소송대리인 변호사 강경태 외 2인)

Defendant, Appellant

U.S. Co., Ltd. (Attorney Shin Young-chul, Counsel for defendant-appellee)

Conclusion of Pleadings

December 14, 2016

The first instance judgment

Seoul Central District Court Decision 2014Gahap566888 Decided September 8, 2016

Text

1. The judgment of the first instance court, including the Plaintiff’s claim expanded and reduced in the trial, shall be modified as follows:

The plaintiff's claim is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance is revoked. The defendant shall not manufacture, use, transfer, lease, import, or subscribe for transfer or lease of each product listed in the separate sheet No. 1, and shall discard all finished products and semi-finished products listed in the separate sheet No. 1, which are kept in the office, place of business, factory, and warehouse (the plaintiff at the first instance court requested prohibition and destruction of each product listed in the separate sheet No. 1, 3, and products listed in the separate sheet No. 2, based on patent right as to the claim No. 1, and No. 1, listed in the separate sheet No. 1, and the patent right as to the claim No. 1 in the separate sheet No. 1, but at the trial, the claim based on the patent right as to the claim No. 4, 5, and 6 added to the subject of prohibition and destruction, and excluded the product listed in the separate sheet No. 2).

Reasons

1. Basic facts

(a) Patent invention (A evidence of subparagraph 2);

The Plaintiff is a patentee with respect to the following patented inventions (hereinafter “instant patented inventions”).

(a) Invention: The name of the invention; the composite structure of the mixing; and the method of manufacturing it;

(2) Date/registration date/registration number: June 11, 1998 / December 11, 200 (patent number omitted)

3) Expiration date: June 11, 2018

(iv)a summary of the invention;

The patented invention of this case pertains to the combination structure and manufacturing method of domins, a board board of power-driven power-driven nuclear power-driven nuclear power-driven nuclear power-driven nuclear power-driven nuclear power-driven nuclear power-driven nuclear power-driven nuclear power-driven nuclear power-driven nuclear power-driven nuclear power-driven nuclear power-driven nuclear power-driven nuclear power-driven nuclear power-driven nuclear power-driven nuclear power-driven nuclear power-driven nuclear power-driven nuclear power-driven nuclear power-driven nuclear power-driven nuclear power-driven nuclear power-driven nuclear power-driven nuclear power-driven nuclear power-driven nuclear power-driven nuclear power-driven nuclear power-drivens (Ag).

The technical task of the patented invention of this case is to ensure that, even if the technical task of the patented invention of this case is exposed to the productive atmosphere of air, etc. while driving it over a long time in the high temperature, it does not cause an emulsion due to the subsidence of an absentee, or the subsidence of low-melting compounds on the surface of the non-mixeds, and an emulsion of metal by the emulgation of metal (section 3).

The patented invention of this case is an open metal (3.5) with the absence (3.5) laid as it is buried in Smix 1, and in a combination structure where the absence (3.5) laid as it is among the non-mixeds (1) and the absence (7) of metal lives (7) are combined with each other through the lives (12), and the main ingredients of the lives (12) are one or more kinds of metal selected from the Gun consisting of gold, gold and silverum. (3) The technical characteristics of the main ingredients of the patent invention of this case are those of one or more metal selected from the Gun consisting of metal lives (3.4).

In addition, the atmosphere protection body (9) and no electricity supply unit (8) are connected with the atmosphere protection body (7) in the lower part of the inner space (7) and the lower part (7) can be completely isolated from the lower part of the atmosphere (5 pages of specifications) by maintaining this contact while keeping it confidential (6B).

A person shall be appointed.

5) Claims

【Request No. 1】 With respect to a combination structure of fireproof mixturess, which are combined with the absence of Swelves and metal lives through the combination floor (hereinafter “entents 1”), the absence, at least, consisting of metals containing Mwelves, is laid underground (hereinafter “entent 2”), and the combination abutts with the above sub-swelves, where part of the absence as above is exposed to the above sub-swelves, thereby forming a metal exposure form (hereinafter “conswelves 3”), and the above non-swelves and metal exposure combines with the above sub-swelves with the non-swelves of the above sub-swelves (hereinafter “conswelves 4”), and the main ingredients of the above sub-swelves are non-swelves and the remainder of the non-swelves and non-swelves 1).

【Request 4. In Section 1, a hole has been installed in the absence of the above sub-mixeds (hereinafter referred to as the "part 6....................................... the above metal exposure has been exposed to this hole (hereinafter referred to as the "part 7.......................) where the air space protection body was inserted within the above hole (hereinafter referred to as the "c..........................) where the air space protection body is connected with the above electricity supply unit protection body (hereinafter referred to as the "cons................................................. the above hole is connected with the above non-ext space protection body and the above shape protection unit (hereinafter).

【Request 3, 8-13】 (Dismissal omitted)

(b) Products manufactured by the defendant;

The defendant is the person who produces or sells the products listed in the attached list 1 through 6 (hereinafter referred to as "products manufactured by the defendant"). The composition of the products manufactured by the defendant is as follows:

1) Composition of Defendant’s Products

With respect to the combined structure of the mixing of metals buried in the absence of the table contained in the text of this Article through balar, the absence laid therein with metals containing terribden, is laid open in the absence of the above sub-mixeds, and the metal exposure form is made of some of the above non-explosion laid above on the surface of the hole filled with the absence of the above sub-mixeds, and the above metal exposure form the above metal combinations with the non-exploded of the above metal combinations through the above terribal combinations (U) and Ni) the composition of the above terribals of the materials so developed in the open space of the terribal with the materials so developed, together with the materials so developed in the open space of the rmobal with the materials so developed in the open space of the rmobal body, the materials so developed in the process of the rmobal combination with the materials so developed, together with the materials so developed in the open space of the rmobal structure so developed.

A person shall be appointed.

2) Non-party 2’s non-party 2’s non-party 2’s non-party 2’s photo of the Defendant’s product (the result of an appraisal commission made on July

A person shall be appointed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 6 through 8, 23, 24, 27, and 28, each of the statements and images of evidence Nos. 6 through 8, 23, 27, and 28, the result of the first instance court’s commission of appraisal to the non-party

2. Issues of the instant case

The key issue of the instant case is that the Plaintiff filed a claim against the Defendant for prohibition of infringement based on the patent right regarding the instant Claim No. 4, and whether the instant claim No. 4 violates the patent right of the instant Claim No. 4, on the grounds that (i) the interpretation of the claims regarding “consecting layer” and “consecting”, and (ii) the Defendant’s implementation product satisfies all the elements corresponding to the elements of the instant Claim No. 4, and thus, (ii) the production

3. Interpretation of the claims concerning the “consected floor” and “consecting” of the instant Claim No. 4

(a) Relevant legal principles;

In principle, the scope of protection of a patented invention is determined by the matters described in the claims and it is not permissible to limit or expand the scope of protection by the description or drawing of the invention. However, the interpretation of the matters described in the claims can accurately understand the technical meaning by taking into account the description or drawing of the invention. Thus, the interpretation of the matters described in the claims should be objectively and rationally after considering the technical significance of the invention, which is intended to express in the language and text, based on the general meaning of the language and text, while considering the description or drawing of the invention (see, e.g., Supreme Court Decisions 2007Da45876, Oct. 15, 2009; 2014Hu2788, May 14, 2015).

B. Interpretation of the claims concerning the constituent elements of the “component layer” in the instant Claim 4 invention

1) A description of the claims concerning “congested floors”

The claims of the instant Claim No. 1 cited by the instant Claim No. 4 include the following: “The scope of claims: (a) the absence of the mixture and the absence of metal contact with each other; (b) the combination structure of combustibilitys, which are linked through the combination floor; (c) “The absence of the mixture and the above metal contact part, depending on these combinations, are combined with the absence of metal contact with each other (class 4) via the combination floor; and (d) the term “the principal ingredients of the instant Claim No. 1 are one or more kinds of metal (class 5) selected from the armed forces consisting of gold, gold, and silver.”

2) The defendant's assertion

With respect to the foregoing components 1, 4, and 5, the Defendant asserts that the “component floor” of the instant Claim 4 should have the characteristics that can be connected with the absence of the mixing, and that the metal leading material, which does not contain active metal, cannot be connected with the absence of the mixing, and that “if there are more than one active metal selected from the military consisting of the sium, zzinium, zzinium, nitroum, nitroum, nitroum, and mathium on the adjacent floor, it shall be interpreted only to include active metal, taking into account the description of the specification of the instant Claim 4, the composition of the “component floor” of the instant Claim 4 should be interpreted as including the active metal.

3) Determination

In light of the following circumstances, the elements of the instant Claim No. 4 invention cannot be interpreted to include the active metal necessarily, which are combined with the absence of any strings of the elements 1, 4, and 5 of the instant Claim No. 4. Therefore, the Defendant’s above assertion is rejected.

① According to Gap evidence No. 2, the patented invention specification of this case contains tital metal, both of which contain tital metal, in the string water, or which contains tital metal, or which accommodates string water and tital metal strings (see Table 7 through 10 [Attachment 1] through [Attachment 5]. The plaintiff also refers to this fact). The specification of the patented invention of this case states that "it is desirable that the patented invention of this case contains one or more active metal of the kind selected from the military that consists of kitalum, zzumumumumum, zumumumumumumum, nitrobumum and mazineium, and thus, it is not limited to the implementation or desirable implementation of the patented invention of this case, and the claims of the 4th invention of this case should not be limited to active metal."

② According to the evidence evidence No. 2, the claims of the instant Claim No. 2 are acknowledged to be “in paragraph (1), the claims of the instant Claim No. 2 are “a combination structure of the mixtures with the characteristics of which contain one or more active metals selected from the military consisting of Tinium, zinium, zinium, barum, barum, barumumum, nitroumumum, nitrob and Maolium.” According to the above facts of recognition, the “compinent layer” of the instant Claim No. 2 can be interpreted only to include active metal, but it is natural to interpret the instant Claim No. 4 invention, which does not otherwise limit claims, rather does not include active metal on the teinal floor.

A person shall be appointed.

③ According to the respective descriptions of evidence Nos. 33 and 34 of this Court and the overall purport of the evidence verification and arguments as to each original CD Nos. 33 and 34 of this Court, there is a substitute for the Plaintiff to describe the type of contact agreement under the cross-consecting method of HPC products in Japan with the fixed date as of June 19, 2006, and it is recognized that the drawings and explanation stating “Au-Richhhhhhhh,” as to the conditions of contact, are written between the body of the common atmosphere protection and low-heirr, as in the right side, and the drawings and explanation stating “Ti (Ti)” as to the conditions of contact with the Plaintiff’s products are written. According to the above recognition facts, the Plaintiff’s products also manufactured at present without using active metal on the base of contact.

④ In light of the purport of the entire pleadings as to the statements in Gap evidence 36 and 37, it is recognized that the combination of matrixs which do not contain active metal and aluminium aluminiums can be formed and combined with matrixs which can be conducted in total.

④ According to the evidence Nos. 3 and 17 of Japan Patent Gazette No. 1996-277173 and Japan Patent Gazette No. 4-296485, the main purpose of this case is to indicate that the total of the seals and intensity for the purpose of being connected to the invention in question is not limited to the combined class, although the purport of this case’s Patent Gazette No. 1996-27173 and Japan Patent Gazette No. 4-296485 is to be stated that it is difficult to be combined to the combined class on the combined class that does not include active metal. Thus, it is difficult to conclude that the total of contact for the task to be resolved by the patented invention in this case is not possible solely on such circumstances.

C. Interpretation of the claims regarding “compact” and “compact location” of the instant Claim No. 4

1) Interpretation of the claims concerning “competing”

The claims of the instant Claim No. 1 include the description “In the connection structure of the fireproof compound (ent element 1) combined with the absence of the mixing of metals and the absence of the combination of metals on the combined floor,” and “In accordance with the above combinations, the metal exposure part and the absence of the mixing of metals and the absence of the combination of metals (ent element 4) are combined with the absence of the combination of metals on the above channel.” In addition, the claims of the instant Claim No. 4 citing the claims of the instant Claim No. 1 include the description “the combination of the foregoing electrical atmosphere protection body and the absence of the above power supply (ent element 10) are combined with the above combination of metal exposure part of the absence of the above combination,” and the description “In the instant Claim No. 4 citing the claims of the instant Claim No. 1, the above combination of low-flusing body and the body of the common atmosphere protection are combined with the above combination of metal exposure parts of the absence of the foregoing (class 11).”

The Defendant does not have any dispute over the following: (a) the term “competing” as described in the claims of paragraphs 1 and 4 of this case is both the same meaning; (b) the term “competing” should be interpreted as a contact that functions to keep confidential information; and (c) the contact between the body protecting the atmosphere and the absence of electricity supply should be interpreted as a contact that enables the body protecting the atmosphere of the common atmosphere to capture the body of a low-speed expansion.

According to the specification (5 pages) of the patented invention in this case, it is recognized that the following descriptions are contained in the specification (5 pages) of the patented invention in this case.

Under the main text, it is necessary to explosively connect metals to the main 8th floor (explosive, 6th floor space) with a high tension of electricity (explosive, 7th floor space). However, this part is also likely to be exposed to the high temperature of high temperature and low temperature (explosive, 7th floor space) with a high tension of electricity supply (explosive, 6th floor space) so that it can be combined with the 5th floor (explosive, 6th floor space) with a high tension of electricity supply. It is also necessary to ensure that there is no longer space of 5th floor space (explosive, 6th floor space) with a high tension of air supply (explosive, e.g., e., g., g., e., g., e., g., e., g., e., g., air condition.

According to the above description, Paragraph 4 invention of this case has installed a low-heat gynific body between the absence of electricity supply and the absence of underground utilities on metal, thereby securing additional flow route for electricity flow between them. On the other hand, the invention of this case adopts elements to prevent the infiltration of the obsive atmosphere in order to prevent the sudden deterioration by the corrosion of absence laid underground in the atmosphere such as air when driving for long time, etc.

A person shall be appointed.

In other words, by combining the non-power supply and the body of protecting the atmosphere of a common atmosphere by blocking the intrusion route 10 (class 10), the body of a low-heir infinch is protected from the atmosphere of a common atmosphere, by combining the metal exposure parts of the body of a common atmosphere and the body of an absentee laid underground (class 11) to protect the body of a low-heir infinch infinch from the atmosphere of a common atmosphere by blocking the intrusion route 2 (class 11). The body of a low-heir infinch infinchs through a common atmosphere of a combination of metal contact parts such as the absence of a three-mixs, metal mats (class 1, 4) and the absence of a metal confinch with each other (class 1, 4), and 2) to protect the metal contact parts of the absence laid underground by blocking

In addition to these circumstances, considering the principle that the same term used in the claims of the same patented invention should be interpreted as the same meaning, barring special circumstances, each of the above combinations (ent elements 1,4,10,11) should be equally interpreted as a combination that functions to maintain confidentiality. In particular, the combination of the body protecting the atmosphere of the common sense and the absence of electricity supply (ent element 10) should be combined with the absence between the body protecting the atmosphere of the common sense and the supply of electricity, but the combination should be interpreted as a combination that prevents the infiltration of the atmosphere of the air, etc. into the body of the high-speed expansion.

2) Interpretation of claims concerning the contact location

In light of the description of the patented invention of this case, the defendant asserts that, in order to prevent the increase in the side walls of the mother customs, the contact that has been formed by the parallel 10,11 of components of the patented invention of this case shall be deemed to have been excluded from the combination of components 10,00, in terms of the statement that "the parallel 10 of the elements of the patented invention of this case shall be easily increased by passing through each gap by the mother customs phenomenon. If the dam fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluss

According to the specification (6 pages) of the patented invention in this case, it is recognized that the following descriptions are contained in the specification (6 pages) of the patented invention in this case.

It is desirable that the size of the gap between the inner side of the string of the string, the low-hegic body and the part of the line (19) in the atmosphere protection body located in the main text is 0.01mm or more. If the string of the strings is easy to increase by passing through each gap (18,19) due to the phenomenon at the mother customs office. If the string of the strings increases by each gap, it is easy to cause shocks in the string machine board or the string of the string. The string (18) is 0.02mm, and the desirable lower limit of the string (19mm) is 0.01mm higher than the extreme (12,62mm) is 0.0m higher than the extreme (19mm), so even if the string of this part is closed, it is desirable to enter at the same time the string customs office’s resistance on the string of the string.

However, in light of the following circumstances, the Defendant’s above assertion is difficult to accept.

① The specification of the patented invention of this case states, “It is desirable to have the size of the extreme (19) between the inner side of the protective body in the crisis, the low-heast body, and the body part of the line not less than 0.01m in order to prevent the increase in the side walls of the mother customs office,” and states, “However, it is desirable that the size of the extreme (18, 19) is not more than 1.0m at the same time.”

However, it is desirable to state the example of executing the patented invention, and it cannot be deemed that the executing example, other than the desirable executing example, is excluded from the claims of the patented invention. Even according to the description of the above specification, the increase in side walls of the mother customs house occurring at a distance of not less than 0.01m (19), is permissible, and the highest minimum value of the extreme (18), which is set at 0.02m from the above specification, is set at 0.01m, with the extreme (19), is 0.01m high, because of the reason that the increase in the payment of the dam, and the rise in the 1string of the patented invention, it is difficult to view that the applicant of the patented invention is not in contact with the above specification of the patented invention to be excluded from the 1string in light of the lack of equipment protection or the lack of equipment protection and the lack of equipment protection in the 1string atmosphere of the patented invention.

② Claim 4 of the instant Claim does not limit the Contact position or contact method with respect to the elements 10 of the Claim 10.

③ The effect of the instant Claim No. 4 by adopting the constituent 10 is to ensure that the body of a low-heat window is completely isolated from the external integrative atmosphere due to the combination between the body of a common atmosphere protection and the absence of electricity supply (section 5). Thus, even if the contact between the body of a common atmosphere protection and the source of electricity supply and the inner side of the body of a common atmosphere protection, even if the contact between the inner side of the body of a common atmosphere protection and the outer side of the non-power supply and the outer side of the non-power of the power supply, if the contact is maintained, it can obtain the same effect. Accordingly, even if considering the technical significance of the instant Claim No. 4 in light of the description of the patented invention, the specification, drawings, etc. of the instant Claim No. 4 claims, it cannot be interpreted only by combining the upper part of the common atmosphere protection body with the upper part of the supplied military power supply.

4. Whether the production, sale, etc. of the product made by the defendant constitutes an infringement of a patent right on the invention of this case

A. Claim 4 of this case and the elements of Defendant’s product

If the elements of the Defendant’s product are compared to the elements of the instant Claim No. 4 in accordance with the results of each appraisal commission with respect to Nonparty 1 and Nonparty 2 of the first instance court, as stated in the evidence No. 5 and the evidence No. 8, and the elements of the instant Claim No. 4 are as listed below.

(3)The above-mentioned 4 non-explosive and non-explosive and non-explosive and non-explosive and non-explosive and non-explosive and non-explosive and non-explosive and non-explosive and non-explosive and non-explosive and non-explosive and non-explosive and non-explosive and non-explosive and non-explosive and non-explosive and non-explosive and non-explosive and non-explosive and non-explosive and non-explosive and non-explosive and non-explosive and non-explosive and non-explosive and non-explosive and non-explosive and non-explosive and non-exbing and non-explosive and non-explosive and non-explosive and non-conf

1) Preparation against components 2, 3, 6, 7, 8, and 9

The elements of the instant Claim 4 invention are identical to those of the Defendant’s Product corresponding thereto, and there is no dispute between the parties.

(ii) preparation for components 1, 4, and 5

The elements of the instant Claim 4 invention 1, 4, and 5 are as follows: “The Contact layer is combined with the absence of mixing materials, metal-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-s

On the other hand, the defendant asserts that the elements of the defendant's product, which correspond to the element 1, 4, and 5 of the invention of this case, of paragraph (4) of this case, are "contestable floors are combined with no metal lives and no metal lives," and ① their lives are not included in active metal, so it cannot be combined with the absence of mixings, and ② there is a gap between the lives lives lives lives lives lives lives lives lives lives lives lives lives lives lives and lives lives lives lives lives lives lives lives lives of the invention of this case where "lives" is "lives 1,4, and 5

A person shall be appointed.

(iii) preparation for components 10,11

The elements of Claim 4 invention of this case 10, 11 are as follows: “The absence of electricity and the protection body in the common atmosphere is connected with the absence of electricity supply, and the absence of the protection body in the low-fluorrative colon and the common atmosphere is connected to the non-metallic exposure of metals where the protection body in the common atmosphere is laid.” The plaintiff asserts that the above elements 10, 11 are the same as the response elements of the Defendant’s product.

On the other hand, the defendant asserts that the elements of the defendant's product, which correspond thereto, are linked to the kel dyke (in response to the absence of the supply of electricity to the patented invention of this case) and the side walls of the knick gyke dyke dyke dyke dyke dyke dyke dyke dyke dyke dyke dyke dyke dyke dyke hyke dyke hyke gyke dyke dyke dyke dyke gyke dyke gyke dyke dyke dyke gyke dyke dyke dyke dyke dyke dyke dyke dyke dyke dyke dyke dyke m.

A person shall be appointed.

B. Determination on differences

1) First, we examine the difference 2.

As seen earlier, it is deemed that the “competing” of the instant Claim 4 ought to be interpreted as a contact with the function of maintaining confidential information. In other words, it should be closely linked to the intrusion route 1 and the air atmosphere protection body prior to the intrusion route 10 (the component of the instant Claim 4) to prevent the infiltrating of the oxidizing atmosphere, and to connect the non-metallic metal exposure body, where the protective body of the low-heat cos and the air decentralization is laid underground (the component element 11) by blocking the invasion route 2 through the intrusion route 2 to prevent the infiltrating of the oxidizing atmosphere, thereby protecting the low-fluing creative body from the mountain atmosphere. In light of the technical technician of the instant Claim 4 invention, each of the above contact ought to be closely linked so as to prevent the invasion route 1 and 2 from infiltrating the mountain atmosphere.

However, in light of the following circumstances, Gap evidence 5, 9, Gap evidence 17-4, Gap evidence 18, 21, 27 through 29, 37, and 38, and each appraisal commission of the appraiser non-party 1 and non-party 2 of the first instance court to the appraiser non-party 1 and non-party 2 by connecting Gap evidence 5, 9, Gap evidence 17-4, Gap evidence 18, 27 through 29, 37, and 38, and each appraisal commission of the first instance court's appraiser non-party 1 and non-party 2. There is no other evidence to find that there is a difference between the two parts of the defendant's product's product's product's surface of the main body of the common contact and the external side of the main body of the back-to-face 1, not between the two main body of the upper body and the low body of the non-party 2, and whether there is any other evidence to find that there is a difference between the above 1-to-to-to-end situation of the open of the surface.

① The Defendant’s products are selected and used in a low-heat coar, which is difficult to be commercialized, not in lubden, knbden, knbden, and knbden-Tft content, as described in the specification of the instant patent invention, and there is no significant need to completely isolate and protect the low-heat coar from the external acid atmosphere.

(2) In the event that a Contact is forming a Contact layer between the erogatories within the erogatories support body and the external side of the keld erogatories by increasing the water flow from the melting state of the erogatories, it cannot be presumed that the erogatories artificially control and erogating the erogatories between the erogatories and the external side of the erogatories, and that the erogatories do not artificially control and erogating the erogic erogatories, or that the erogic erogatories are tightly connected and confidential between the erogatories support body and the erogrative surface of the outer side of the erogatories support body, and the erogatories support body and the erogrative erogrative erogatories are not presented to the defendant side.

A person shall be appointed.

A person shall be appointed.

③ In other words, if the Defendant’s products appear to have components 10,11 of the instant Claim 4, the contact of the Defendant’s products increased due to the flow of melting water in the melting state of the galking material or the phenomenon of the mother customs, and combines “the extreme gap between the inner side of the grix support body and the outer side side of the keld,” as in the right surface map, without any gap. (B) Also, the above rupture (in response to 12, the rupture of the rupture drawings) connects the right side of the rupture support body and the non-metallic metal exposure body laid underground with the low rupture body, and combines it with the drawing (However, it is difficult to recognize that the rupture does not need both the bottom of the rupture support body and the open space of the rupture body). Furthermore, each of the above rupture evidence is insufficient to acknowledge that the aggregate rupture is to the extent of spreading.

Rather, if Eul evidence Nos. 18, Eul evidence Nos. 19-1 through 3, Eul evidence Nos. 23, 32, and 34, and the purport of the whole pleadings is shown in the video, it is confirmed that as a result of observation and analysis of the low-heat sloping surface of the defendant's implementation product used for a considerable period of time after the release, it is not equal (see the left-hand photograph below), but it is confirmed that a acid with a considerable weight on the surface has come into effect by infiltrating it (see the body of the defendant's implementation product). As a result, multiple manufacturing and combining parts of the cross-sections of the defendant's implementation product and kel keld dye dye dye dye dye dye dye dye dye dye dye dye dye (see the adjacent part of the body dye dye dye k).

A person shall be appointed.

④ As a result of the analysis revealed in Gap evidence Nos. 27 through 29, the plaintiff asserts that the phenomenon of oxidization as shown in evidence Nos. 19-1 through 4 of evidence Nos. 19-1 is not to observe the surface of the body of low-heir influence.

However, if Eul evidence Nos. 18, Eul evidence Nos. 19-1, and Eul evidence Nos. 19-3 and the overall purport of the pleadings are seen, it is recognized that the analysis of the surface of the body of low-heat flat spackers in the unused defendant's products does not detect any O (O) as a result of analysis, while, in the defendant's products used for about one year and three months, the O (O) is detected from the surface of low-herat spacks, and the Fe, Co. (O) is also observed, and the Fe and Co. (Co.) is also observed in other parts, such as the mats and cocons support body in the defendant's products.

A person shall be appointed.

In addition, even if it is based on the descriptions and images of Gap evidence 28 and 29 submitted by the plaintiff, it is found that O, Fe, Ni, Au (gold) is found as its principal ingredient as a result of the analysis of the surface of a low-caloried body body.O is analyzed as derived from Ni and Fe cargo, and M is also 65.4wwt per half of the half-load analysis result [i] Fe is 65.4wt per cent, O is 23.1wt per cent, Au is 4.3wt per 5wt per cent, Ni is 5.5wwt per cent, Ni is found as 0 per cent of the above cargo, 21.8wwt, Au is 15.4wmt, Florate, 14.4%, e.g., e., e., e., g., g., its main substance analysis and e., e.g., g., g., g., g., g., g., g., g.

According to the above facts, it is difficult to exclude the possibility of infiltration into the above route 1 or 2 as it is difficult to conclude that there is a location at which Ni oxide and Fe oxide are located (kinch and color part) and a location at which there is a high weight of oxygen. Thus, since Fe-mail, which can be found only in the low-speed outlet, consists of 10 parts, or the contact between low-calories and air-conditioning support body and non-explosive body, is not confidential, and thus, it is difficult to conclude that there is a high weight of the surface surface of the Plaintiff’s own 2ndr or 2ndr, as it is difficult to conclude that there is a high weight in the surface of the Defendant’s own 5throid or 5thral surface, as it is difficult to conclude that there is a high weight in the surface of the Defendant’s own 2ndr or 5thral surface surface, as it is different from that of the Defendant’s own 2ndral and 5thral surface.

⑤ In light of the description and image of evidence Eul’s evidence No. 34 and the purport of the entire pleading, it is recognized that the external emerculation of the shape of the Defendant’s implementation product reaches the surface of the low-hesion body. If the total of the levels of infiltration by the type emerculation, oxygen molecule, the size of which is 0.06 nn in size, naturally, flows into the low-hetort body, and thus, it is difficult to view that the “consecting between the emersion and the emert support body,” and “consecting between the low-fluort emert body and the metal exposure body laid underground,” consisting of confidential information, thereby blocking the infiltratt atmosphere.

2) Therefore, it cannot be deemed that the elements of the instant Claim 4 invention are identical or equal to those of the instant Claim 4 invention and the countermeasure elements of the Defendant’s Working Product.

C. Sub-decision

Therefore, it is difficult to view that the Defendant’s implementation product has the same or equal response element as 10,11 of the instant Claim 4 invention, and it cannot be seen that the production, sale, etc. of the Defendant’s implementation product constitutes an infringement of patent rights as to the instant Claim 4 invention without need to further examine the remainder of the issues.

5. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition by the court of first instance, including the plaintiff's claim expanded and reduced in the trial.

[Attachment]

Judge O Young-young (Presiding Judge) Kim Dong-dong Kim Dong-dong

(1) ESC is also an apparatus to fix semiconductor wafers by using static power.

Note 2) The phenomenon in which metal sources or ions are moving into a studs and lead electricity to a studs, which leads to the malfunction of the circuit board with such studs.

arrow