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(영문) 서울중앙지방법원 2009.11.05 2007가합89628
특허권침해금지
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. The underlying facts 【Evidence 1, 2, and 8, and the purport of the whole pleadings;

A. A. It is a company that develops, manufactures, and sells optical films, including the optical fluoric films of the Plaintiff’s LIMN.

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 patent right (1) of Plaintiff LIMN has the following patent rights:

Under the following, claims 1, 2, 5, and 6 are each "patent invention 1, 2, 5, and 6", and the combination thereof is "patent invention of this case": The filing date of No. 398940: August 29, 1997: the title of the invention on September 8, 2003: The scope of claims 1, 2, 5, and 6 are as shown in attached Table 2.

(2) The elements of the patented invention 1 are as follows.

Part 1, as a luminous film, including structural screen consisting of a luminous player that has been adjacent to part 1 and has been placed on the first page and is adjacent to part 1thm element (b1) at least to part of the 1thm element, including at least part of the 1thm element, which is located on the first distance from the base page, and is located on the second distance short of the first distance from the base page, the second Sub-section (c) in the second sector, including at least part of the 1thm element, consisting of a repeated pattern (3) the patented invention consisting of (2) the patented invention consisting of (3) the patented invention.

(a)In addition to paragraphs (a) through (c), the second distance is greater than the first distance.

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