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(영문) 서울중앙지방법원 2019.07.11 2017가합588179
특허권침해금지 등 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The plaintiff and the defendant's assertion

A. The Plaintiff’s assertion is the Plaintiff’s patent right holder of the patented invention (the detailed contents are the same as the Plaintiff’s patented invention as indicated below, “the instant patented invention” or “Plaintiff’s patented invention”), and the Defendant’s attached list 1 infringes on the instant patented invention, and thus, the Defendant’s claim against the Defendant for prohibition of infringement and damages.

B. The defendant's assertion that the patent invention of this case in this case should be invalidated because of lack of inventive step or lack of description, and the plaintiff's claim for prohibition of infringement and compensation for damages constitutes abuse of rights.

In addition, the technologies applied to the ED lamps operating device of the Defendant’s products listed in the [Attachment 1] list (hereinafter “Defendant’s implementation technology”) (hereinafter “Defendant’s implementation technology”) are different from the instant patent invention, and the composition thereof is different from that of the instant patent invention, and it does not fall under the scope of the right to the instant patent invention, thus, the Plaintiff’s request cannot be complied with.

2. Facts of recognition;

A. The Plaintiff’s patent invention 1) invention title: C2) filing date/registration date/registration number: D/ E/Patent F3: the right holder: Plaintiff 4) claim 【Claim 1】 Claim 1】 The part emphasizing for the convenience of understanding the part emphasizing for the benefit of understanding the part flaps, which is inserted into one connection group among the two connectors of the electronic stability machine 1. The part 3 square meters installed once in one electric gap among the two connectors of the power source, and the part 4 square meters installed once in one electric gap among the two voltages by the power source unit, which is installed in one electric gap among the two voltages by the power source unit.

(hereinafter the same shall apply);

The third franchise posters and the fourth franchise posters consisting of the electric guidance effect, are provided with the third franchise posters and the fourth franchise posters, the other group of the third franchiseers are connected to the third franchise posters, the other group of the fourth franchise posters is connected to the fourth franchise posters, and the third franchise posters and the fourth franchise posters are connected to the fourth franchise posters.

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