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(영문) 서울중앙지방법원 2016.12.15 2015가합567543
특허권침해금지 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s suitability registration and production Plaintiff completed conformity assessment pursuant to Article 58-2(3) of the former Radio Waves Act (amended by Act No. 11712, Mar. 23, 2013); and registered the fact with the Korea Communications Commission on July 5, 2012.

On December 13, 2013, the Plaintiff entrusted the production business to IM cases Co., Ltd. (hereinafter “stock company”).

ASEAN initially produced and supplied C directly to the Plaintiff, and from 2014, C production was re-entrusted to F, a business entity run by E, and supplied it to the Plaintiff.

B. From 2014, the Defendant: (a) purchased C produced by F from around 2014 through AM cases, G, etc.; (b) purchased C from F directly from the first half of 2015; and (c) supplied C to Samsung DPP Co., Ltd. (hereinafter “stock company”).

In around 2015, the Defendant received a request from Samsung F&P to submit a certificate of suitability registration for Samsung F&P to C, and submitted it to Samsung F&P upon receipt of the Plaintiff’s request from the H father.

C. The Plaintiff filed a complaint against the Defendant and the Defendant representative director I, who was suspected of violating the Radio Waves Act (the fact that the Defendant and the Defendant representative director requested F to manufacture C56 vehicles by manufacturing C56 vehicles and supplied them to Samsung F, but did not obtain suitability registration), included the charge of violating the Patent Act in the Seoul Southern District Prosecutors' Office. However, the Plaintiff voluntarily withdrawn the part of the complaint regarding the violation of the Patent Act.

(A) In this case, the Plaintiff filed a lawsuit by combining “a prohibition and claim for damages on the ground of patent infringement”, and then withdrawn each of the above claims upon the application for modification of the purport and the ground for the claim filed on June 20, 2016.

The prosecutor made a decision on July 27, 2016 according to the Radio Waves Act.

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