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(영문) 특허법원 2019.08.29 2018나2308
직무발명보상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. In the first instance court, the Plaintiff claimed for payment of KRW 500,00,100 as part of the employee’s invention compensation arising from the patented invention Nos. 1, 2, 5, 8, and 10 of this case against the Defendant, and the damages for delay at the first instance court dismissed all of them.

As to this, the Plaintiff appealed against the part of the claim for partial payment of the employee’s invention compensation due to the patent invention No. 5 of this case. Thus, the subject of the court’s adjudication is limited to the claim for the employee’s invention compensation due to

2. Basic facts

A. The defendant is a manufacturer of semiconductor equipment established by the representative director C on May 25, 2006, and manufactures and sells products such as D, E, F, and G (hereinafter "Defendant products").

The Plaintiff worked as the head of the hardware team or research institute from the time of the establishment of the Defendant and retired on April 30, 2012.

B. When manufacturing semiconductor devices related to the relevant technology and semiconductor devices, the process has gone through the process of examining whether or not semiconductor devices (Device UV) subject to the test are inferior at the last stage of the manufacturing process using semiconductor devices.

The semiconductor testing devices are composed of a test Hand, a traffic graphic, and a test hex, as follows: ① the semiconductor testing devices are transferred to the test location, the semiconductor testing devices are classified in accordance with the test test results; ② the assessment of whether the semiconductor testing devices are inferior to the DUT by approving the necessary electric power and various signals; ③ the graphic testing devices are electrically linked between the test hedging and the test Hand.

However, as the number of DoUT increases, it is necessary to conduct the test hedging in charge of the test function more and more, but the test hedging has a problem that considerable expenses are needed due to high-priced equipment.

BOST Butilt.

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