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(영문) 대법원 2020.12.30 2020도13336
특허법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For reasons indicated in its holding, the lower court upheld the first instance judgment convicting the Defendant of the instant facts charged, on the ground that the victim company did not grant a non-exclusive license to the Defendant as to the patent of this case and the Defendant had the intent of patent infringement.

Examining the record in accordance with the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on granting of non-exclusive licenses and intent of infringement of patent rights.

The assertion that there is an error in the judgment of the court below as to the time of patent infringement is alleged by the defendant as the ground for appeal, or that the court below did not consider it as the subject of a judgment ex officio, and cannot be a legitimate ground for appeal. Furthermore, even if examining, the court below did not err

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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