207Heo12725 Confirmation of Scope of Right (Special Cases)

nan

nan

August 14, 2008

August 14, 2008

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

The decision made by the Intellectual Property Tribunal on October 26, 2007 on the case No. 2007Da1144 is revoked.

1. Basic facts

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2, 3, 5, Eul evidence 4, 6, 9

each entry of this section.

A. The plaintiff's patented invention

(1) Name: methods for stamping the electric gap of Lithium2 batteries; and the method for processing cluorcule pertaining thereto; and

Lithium secondary batteries that has employed them;

(2) Date of application / Date of registration / Number of registrations: June 12, 2002 / April 8, 2005 / No. 48394

(3) Claims and principal drawings: as shown in attached Form 1 (hereinafter referred to as “Plaintiff’s patented invention”);

Patent invention is referred to as the "patent invention".

(b) An invention subject to verification;

The invention subject to confirmation is “(No. 2, No. 15 pages) for the Defendant’s particular “Tithium secondary batteries”;

The explanatory note and drawings shall be as shown in attached Form 2.

(c) Cited inventions;

(1) Cited Invention 1

Invention 1: The registration number of the Patent Gazette No. 322096 on February 6, 2002

“Lithium batteries” (No. 3) and the main contents and drawings thereof are attached Form 3(1).

same as the entry.

(2) Cited Invention 2

Invention 2: The publication numbered in the Japanese Patent Gazette on February 20, 1996 8-50

“each-type Lithium secondary batteries” in heading 1920 (No. 5) and its main contents and drawings are attached Form 3.

same as described in paragraph (2).

(3) Invention 3

Cited Invention 3 is an open number suit in the Japanese Utility Model Gazette on June 23, 1987

62 - The term “a theater for alkic storage batteries” listed in heading 98160 (Evidence 4) and its main contents and drawings

Attached Form 3 (3) shall be as listed in attached Table 3.

(4) Invention 4

Cited Invention 4: The disclosure number No. 2001 - 2 in the Japanese Patent Gazette on September 21, 2001

56960 “Batteries” (No. 6) and the main contents and drawings thereof shall be set out in Appendix 3(4).

for the purposes of this section.

(5) Cited Invention 5

Invention 5: The registration number of the Patent Gazette No. 309604 on November 3, 2001

(No. 9) as “Lithium secondary batteries” (No. 9), and the main contents and drawings thereof shall be listed in attached Form 3(5).

for the purposes of this section.

D. Circumstances of the instant trial decision

(1) On May 8, 2007, the defendant has a free room for the invention to be verified under the Intellectual Property Tribunal No. 2007Da11444.

If the assertion does not fall under the scope of the right to the patented invention of this case because it falls under trial technology

In order to confirm the scope of a patent right, the court filed a claim.

(2) On October 26, 2007, the Korean Intellectual Property Trial and Appeal Board (Korean Intellectual Property Trial and Appeal Board) held that the invention in question constitutes a free licensing technology.

For the reason that the invention does not fall under the scope of the right to the patented invention, the appellate court which received the defendant's appeal

The decision was made.

2. Summary of the parties' arguments and the issues of this case

A. Summary of the plaintiff's assertion

(1) The instant patent invention is a method invention, and the challenged invention is not a method, but a product invention.

of this case’s patented invention’s patent right scope is specified to the extent that it can be determined.

Therefore, the instant petition for a trial should be dismissed in an unlawful manner.

(2) Since the invention subject to confirmation does not fall under the technology for free implementation, the right to the patented invention of this case

applicable within the scope of section.

B. Summary of the defendant's assertion

(1) The patented invention of this case is a product invention not a method, but a product invention in question as a patented invention of this case.

even if the invention in question is found to be specific to the extent that the invention in question can be compared with the patented invention in this case

As such, the petition for a trial in this case is legitimate.

(2) The invention subject to confirmation falls under free implementation technology and needs to be compared to the patented invention in this case.

such rights are not subject to the scope of such rights.

C. The issue of the instant case

The key issue of this case is ① whether the invention in question is specified, ② the invention in question is free.

It is whether it constitutes an implementation technology.

3. Whether the invention subject to confirmation is specified;

Inventions 1 through 10 inventions among the patented inventions in this case are shown in attached Form 1(1).

In such cases, the production of products is an invention on the method of processing clostium 2 clothy's electric records

The invention is in the form of a method invention. However, each of the above inventions is for Lithium secondary batteries.

or with the center of the lucator, luculer, lucular board, lucular board, and luculator, each component of the electric transmission;

There is no seal of the red floor structure, stimul and stimula, stimula, stimula, stimula and stimula of the pule board and stimula, respectively.

and the combinations by the maring of the absence of seals, by a exhaust tape, mar tape, marbing of the marbing part.

Corning up in a method of cryping the combined glass and stampings of absences, parts of cryp, etc.

as seen earlier, Lithium secondary batteries with each of the components in question.

or in order to form a diversity, a person with ordinary knowledge in the technical field is a party.

This is merely a mere fact that the content of the work that must be carried out on a yearly basis is set up in the order.

There is no particular technical specificity in the method element itself through the time-affiliated phase;

products produced through each of the above inventions include a method element for each of the inventions.

Even if this does not add a new composition, it shall have the respective constituent elements of the immediately above.

It would be necessary to affix a seal to the cluthium secondary batteries or to affix a seal to it.

Accordingly, the invention in question is specified through a methodal element such as the claim 1 to 10 inventions.

(1) The description and drawing(s)(s)(s)(1)(s)(s)(1)(s)(1

Any of the elements of any of the inventions described in paragraphs (1) through (10), centering on the lucator, lucular board, lucular board, luculator, etc.

the upper floor structure of the one-way and the one-way, the two-way and the one-way, the two-way and the one-way, the two-way and the one-way, each of which shall not be stamped;

A summary of the composition of a studio tape, etc. to cover a studio with a studio and a studio with a studio.

To the extent that the whole composition of Lithium secondary batteries has been completed through action,

In preparation for the product produced by the claim 1 through 10 inventions, it is within the scope of the right of each invention.

Since it is sufficiently specified to the extent necessary to determine whether or not, it is different.

The plaintiff's assertion is without merit.

4. Whether the invention in question falls under the technology for free implementation;

(a)to prepare for the technical field and purpose;

(1)A technical preparation;

Technology related to Lithium secondary batteries in both the challenged invention 1, 2, 4, and 5.

Party A’s evidence Nos. 2, 15, 3; Party A’s evidence Nos. 3, 2, 13-22; translation of Party A’s evidence No. 5;

- 1- 4 - 6 - translation of the evidence No. 6; 6 - 5 - 15 - 25 - 27 - - 27 - from the bottom of the 1st page;

The technical field of No. 9, No. 2, No. 10) and the technical field of comparable inventions 3 are the same. In addition, comparable inventions 3 are the alknife axis.

Invention related to a theater (Korean translation of Eul No. 4, No. 1, No. 4) applied to the type of batteries

It is also applicable to Lithium secondary batteries because there is no limit other than 'a alkyl storage batteries'.

Since it is possible to do so, this is also the same as the invention in question and its technical field.

(2) Preparation for purposes

Inasmuch as the invention in question does not state any description on its purpose, comparative comparisons

It is said that there is no particular privilege in the purpose compared to the commercial inventions.

(b) Preparation for composition;

(1) Analysis of components

The invention subject to confirmation shall be 1 at regular intervals at the same distance on the part of a single isolation stop.

The negative plates shall be placed on other pages of the isolation prevention and shall be placed, and the negative plates and the negative plates shall not be isolated.

In the form of cluorce (1) (hereinafter referred to as "class 1") cluorce (2) cluorum cluorce (1) cluorum

Part I (2) of adjoining part of Madrid (3) and Madrid and Madrid (2) connected to each other,

(hereinafter referred to as "class 2") , 3) the stamp (5) connected to the above-mentioned Bad (3) and its connecting pages.

Part II (4) (hereinafter referred to as "entent 3") and (4) Audio tape surrounding Part II (4).

(6)(6)(hereinafter referred to as 'class 4'), 5) Round, etc. received by the aforementioned heading (7)

It is a sex invention.

(2) Composition 1

The components 1 of the comparable Invention 5’s “Paculatory board (300)” and “Paculic board (400)”

single isolation prevent (200) for the purpose of

In the form of a contact with Do 3, as urbanized in Do 3, a pule board (300) and a pule board (400) are disturbed.

- - - - - (No. 8, 2 - - 3 - 4 - 18 - 20 , 8 - 9 - 2 - - 3 ) -

corresponding. These components are continuously connected with one isolation stop in the form of a bundg, and are continuously connected with a bundg.

Since the former is substantially identical in terms of the composition where the negative board is hostile to each other, the latter is the same.

The gender factor 1 is a composition that has already been initiated in response composition of comparable invention 5.

(3) Composition 2

Section 2. The components 2. The LOD set up in the extreme installments of comparable inventions 3.

“A fixedness” means composition (Korean translation of evidence No. 4, No. 1, No. 2; No. 4; No. 1, 1 Do1; the above drawings;

In this context, the d't here respond to the challenged invention (which is applicable to the h's h'd' of the challenged invention).

The elements of the sex are to form a melting body by connecting the theater of the lue and the lue with a lue by connecting all the lue to the lue.

In adult respect, the component 2 is substantially the same as that of comparable invention 3.

It is the already-established composition.

(4) Composition 3

The components 3 are the side edges of the "Ped Invention 1" and the "Ped Invention 1" and the "Ped Invention 21, 22.

Twits are withdrawn, respectively, from each other (25) and from each other (26) and from each other, and they shall indicate and affix to each other (25);

26) At the time of gathering for each stamp group, their parts are melted with two theaters (27) and sound theaters (28), respectively.

'' shall be organized (No. 3, No. 3 to less than 1, No. 6 to 7, No. 2, 3; each of the above Dos.

When viewed as face, the sign and seal of the two gap here constitutes the 3 grads of components, and the two gap.

Persons and Maculs correspond to the three pages of the components, all these components.

In fact, it is a composition that connects glass and stamps to be used and forms a contact with them.

As such, components 3 is a composition that has already been initiated in comparable inventions 1.

(5) Composition 4

The components 4 are cut with synthetic resin of liquidity with lightness 4 of comparable inventions 4

“To put in (5) near (4a, 4b) materials” consisting of s 4(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s);

- 1 to 2 - - - - 6 - 6 - 9 Do 2 (b) ; when viewed as the above drawings, the stamp here is subject to confirmation.

corresponding to the invention's chidity. These components are corresponding to the chidity and stamping column.

It is substantially identical in terms of the composition of a string with a string substance: Provided, That the string of the string with the above string;

Compared to the fact that there are fluorous materials and components 4 are fluorless tapes, the substitution of comparable inventions 4

In the response composition, it is composed of diversative materials made of synthetic resin with influence.

There is a difference in lawsuits.

However, in case of comparable inventions 2, the division of 'burgicals' (13) and Furgics (20)

Salving (22) may use an annual tape, a year-to-year training area, etc.. for which the composition of technology has been initiated.

J. According to its relevant drawings, such clocks are surrounded by both clocks and flocks.

Since it is apparent that Gap's evidence Nos. 5 (Korean translation of evidence No. 5, 5 pages 7 to 9; Gap evidence No. 5, 1 pages), correspondence

Smoke tapes, which are a studio for saving the upper part, are already initiated in comparable inventions 2.

is the same.

Therefore, the components 4 as a whole have ordinary knowledge in the technical field.

A composition that can easily be derived when a person combines comparable invention 2 and 4.

Since there is no difficulty of composition.

(6) Composition 5

The components 5 are widely known and used technologies and are in itself not of technical specificity.

There is no dispute between the deceased and the deceased (the date for preparatory pleading of July 17, 2008).

(7) Whether it is difficult to combine

As seen earlier, each component of the challenged invention is widely known or used.

could easily be derived by or through the combination of comparable inventions;

There is no difficulty in the composition. However, each of these components is considered in the nature of the technology.

One is the invention subject to confirmation, since it can not independently form Lithium secondary batteries, and one is the invention subject to confirmation.

to achieve a completed invention, the term "shall not only be reasonable, but also each of the above-mentioned sections.

special action effects that result in the combination of sex elements more generally predicted.

Since it is not visible, combinations of these components do not have technical difficulty.

I would like to say.

(c) preparation for effects;

Inasmuch as the invention in question does not contain any description on its effects, comparative studies;

It is said that there is no particular privilege in the effect compared to inventions.

D. Sub-committee

Ultimately, the invention in question is identical to the art of comparable inventions and is in the purpose and effect of the invention.

As such, there is no particular specificity, and there is no difficulty in composition, and there is no ordinary knowledge in the technical field in that technical field.

free-to-be technology that can be easily conducted by a person with comparable inventions:

As such, the patent invention of this case and the patent invention of this case are not required to prepare for the technical composition thereof.

not belonging to the above.

5. Conclusion

Then, the decision of this case is legitimate as the conclusion is consistent with this, and thus, the plaintiff seeking the revocation thereof.

The claim is dismissed as it is without merit. It is so decided as per Disposition.

Judge Lee Jong-soo

Judges Kim Kim-soo

Judges - United Kingdom lines

[Attachment 1]

Patent of this case

1. Claims:

Claim 1. (a) At the stage of melting the absence of seal on a group of the crucelle; and (b) above

The note with the above prior seal affixed to cover the gap formed by the gradide and the cover of the absence of the above stamping.

Lithium secondary batteries with characteristics, including steps to attach a studio tape above;

The method of processing the gap of the lucule.

Claim 2. (a) A. B. T. H. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T

The above-mentioned of the luculcellule equipped with a large number of luculatory and luculous luculties with a large number of luculous plates

(b) The above two dynamics are in the stage of integrating both the two or more dynamics and the above dynamics; and

The absence of one of the two difficulties corresponding to the group of the above and the negative grads, and the indication of the negative

(c) stages in which members are melting each other and forming each part of the contact with the pulvers and the pulversing part of the pulvers; and

In order to put on each of the above two polars adjacent to the above two polars and the above dives adjacent to the above dives, the table of table is added to the above dives

The clothium2 clothium clothium clothium clothium clothium clothium clothium

Method of stamping.

3. Claim 3. They shall be placed between lusator and each other, and the two lusiums shall be placed in parallel.

Along with a large number of negative plates and a large number of negative plates with such a large number of negative plates, all of which are equipped;

For the method of extreme stamping: (a) above two divershs and such sound divershs are written on the adjoining page.

for the purpose of having the minimum length required to be held by each such person, such as the two or more of the two or more e.g.

h. To ensure that they are close to the first page of the above crucellor and are substantially balanced; and

(b) above in the stage of cutting off the parts of the above two divers and of the above diversity; and

In the absence of one stimulous stamp responding to each group of the two stimules and the above stimules;

Along with each other with each other with a minimum length, and with the absence of a negative seal, each of them shall be melted with each other and with a negative seal;

(c) Sheet the above two polars and the above negatives, respectively, at the stage of forming the Department;

(d) The above two dynamics and the above-mentioned sound, at the stage of putting the smoke tape on the adjacent parts; and

D. D. D. E. E. H.P. § 2888(1)(1)(1)(2)(2)(2)(2)(2)(2)(2

(e) Each of the above seals shall be refeased in the first corners so as to be vertical; and (e) each of the above seals;

J. 2 To be de facto parallel to Section 1 above, re-assigned to the First Cr.1 above.

Lithium clordium clostium clostium clostium clostium clostium clostium

The method of processing stimulis.

4. In any of the claims in paragraphs 1 to 3, any of the above stages of attachment of the smoke tape:

shall be in the form of polychopic or polypropopic film with hesion and resistant chemical substance.

Lithium, characterized by using an Acryptor or picoting agents;

The method of processing the whole gap of the crucellor for secondary batteries.

In paragraph 5. For claims 5. For claims 3, the First Clateral Book above shall be excluded from the table 1 and 2 inclateral column above.

It is characterized by the nature that it is formed in the territory of contact with the above 1, 2 diversity and such diversity tape.

(2) The method of processing the whole gap of the clothium2 batteries.

For claims 6.3 or 5, the above Section 2 shall be drawn from the above Section 1.

L. L. L.S. L. L.S. L. L. L.S. 1 and 2. L.W. L. L. L.S. 1 and 2. L.S.

The processing of luthium 2 luthium clothal batteries with characteristics that are formed in the area promoted.

Method.

For claims 7. In paragraph 3, the First Cropical Book and the Second Cropical Book above shall each be subject to the aforesaid Section.

Lithium secondary batteries with characteristics of forming parts substantially adjacent to the two parts of Ep.S.

Methods of stamping the electric gap of the clucellule.

8. In respect of claims 8.2 or 3, the above three ethylene or polythalate shall be applicable.

One-story or multi-story polypers made of roopene shall be equipped and shall consist of a single sheet

and in such a manner that the above two theaters and the above negative plates may be dissipated to each other;

(Fold/Fold) continually incorporated in the form of

Monobio Dozins so that the two divers may have a prescribed interval on one side of the three divers above.

sweld by swelves; those swelves are surfaceed by swelves; these swelves are cut to certain size, each of the c

Self-steinium in a position corresponding to the above-mentioned individual divers on the other side of the steinator.

The processing of luthium 2 luthium clothium clothium clothium stamps characterizedd by slothium clothiums

Method.

9. In Claim 9. In paragraph 8, the surface of the above Cluida, which is linked to the Portd/Pod type, shall be raped.

(Malapping) Track2 accelerators for Lithium secondary batteries, characterized by tapes;

Method of extreme stamping.

Claim 10. In paragraph 2 or 3, at the same time at the same time as the above-mentioned phase is in a two-polar and sound gap.

Now there is a melting process in one extreme, and in the other other, in one extreme.

The method of processing the whole gap of the luthium2 cell luthium luthium luthum with characteristics.

Claim 11. In accordance with the method set forth in paragraphs 1 through 3 either or 5 or 7

Lithium2 Lithium cell batteries which are manufactured.

Claim 12. Trackyas referred to in paragraph 11; and the Spain on the upper part of the transmission seal of the above Trackyas;

(1) If the preceding year has been charged in the state of receipt by the preceding year so that no substantial occurrence may occur;

Lithium secondary batteries with characteristics of being equipped with packing materials to be sealed in the Jithium.

2. Major drawings;

4. Maithium secondary batteries 5. Maido 4 Doido 4

DD

1001or

Do7. Individual process limits for the methods of processing cluxa of cluthium2 batteries;

1410

【Main Drawings Code】

110: Track, 120: Packing materials, 130: Track stamping; 141: Macrid, 143: absence of stamping, 145: Macker:

147: Cut tape; 171; 171; 173;

[Attachment 2]

Invention subject to confirmation

1. An explanatory note of the challenged invention;

(a) Name of the invention;

Lithium 2 Lithium cream batteries

(b) An explanation of the invention;

As set out above, the invention in question shall be on the surface of a single isolation prohibition under subparagraph (a).

The balle board shall be placed at regular intervals and the balle board shall be placed on other pages of the isolation prevention, and the ballee shall be placed;

Track (1) Track (b) above Track for the prevention of isolation of plates and sound plates in the form of a bundg;

(1) Correspondings (3) of Madrid and Madrids (1) connected to each of the theaterss, first-roundings of Madrid and Madrids.

Section 2; (c) the stamp (5) connected to the above Section 3, and the contact section (4); and (d) the contact section (5)

2. Outgoing tapes (6) and (5) above, etc. received with respect to 2-to-doors (4) ; and

(7) consists of o.b.

2. Drawings of the challenged invention;

A person shall be appointed.

【Main Drawings Code】

1-1: Tracid, 2: Tracid, 3: Macrid, 4: 2nding part, 5: 6: Smokeed tape, 7: outer part.

Long-term Goods (Pailty)

[Attachment 3]

Cited Invention

1. Invention 1

(a) Main contents;

The structure of comparable invention 1 is improved to prevent the transformation of the part adjacent to the terminal and the seal.

Lithium polym batteries (25,26), which is an invention with respect to Tithium polym batteries (27,28) and pule and sound gap (27,28)

b) install support measures to protect them in a stable manner, including adjacent parts;

by preventing damage to the adjoining part from the manufacturing process of batteries, and the above supporting means shall be removed.

Protection Cases made of a equitable equitable equitable equitable equitables (240)

for the prevention of such violation.

(b) Main drawings;

1. Separate City/Do 2. Do 1 Do 1

A person shall be appointed.

【Main Drawings Code】

21 - 21 : Macul board, 22: Macul board, 23: Macracarator, 25 : Maculing stamp, 26 : 27 Maculs, 27 Maculs, 28: Maculs

extremes, 240: Protection Cases

2. Invention 2

(a) Main contents;

The comparable invention 2 may prevent the combustion or wave by internal cutting, and the interior fall.

Furz (20)'s invention of each type of Lithium secondary batteries not yet usable even if it occurs.

Furculous diversa (10) Weighting to the Tivestegrative diverse part of the Tivestegratives (13) Wurlatives (13) Wurl

T. Through T. 20) Electric connection to the T.e. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T

E. (20) Smokes (22) can use smoke tapes, dives, etc. for the purpose of saving and protecting business (20).

include the description.

(b) Main drawings;

1. Sub-sections connected and connected to Gurds

Gackcing in clocks

A person shall be appointed.

fo : Harar

13. The collection department (the collection department)

21 : 極一板 ( 1 } 一板 )

【Main Drawings Code】

10 : Mocul board, 13: Yangculdrum department, 20: Furz, 21: Maculdr board, 22: Eracsing

3. Invention 3

(a) Main contents;

Cited Invention 3 is an invention on the structure of a theater for alkic storage batteries;

(1) There is a statement that L.C. (4) L. L. (2) is fixed to L.C. in a single annual installments.

(b) Main drawings;

Do1. The degree of static intensity

1- 1-

2

8

【Main Drawings Code】

1: Powerboards, 2: Mad, 4: Madnits

4. Invention 4

(a) Main contents;

Consumed Invention 4 prevents the fall of batteries elements and urid, and facilitate the uridity as well as facilitate the urid;

The invention is an invention related to a cell that may be eeled. In this case, the invention is a unit cell element (1).

(3) be admitted within the expropriation section of paragraph (3) of this section and withdrawn from (1) of this section from [1] and (4a, 4b] of this section.

(5) with outer cover (2) prior to being filled in near (4a, 4b) of smoke materials.

In order to cover (5) materials for stamping (4a, 4b) and to cover unit batteries elements (4a, 4b).

There is a statement that the fall is prevented.

(b) Main drawings;

Do2 Do 2. Fluorance of the main parts of the dembane and batteries

A person shall be appointed.

【Main Drawings Code】

1: 1. Batter elements, 2, 3: Outer materials, 3b: Inwards, 4a, and 4b: Each stamp, 5: 21 bits, 21.

5. Invention 5

(a) Main contents;

Cited Invention 5 has a structure to simplify the manufacturing process of batteries

An invention on the land and its floor method, each of which is in quarantine (200) and clive plates (300) and negative plates, respectively.

(400) A. B. Contact with E.S. Z. Z. Z. Z. B. Z. Z. Z. 100

In accordance with the size, shape, and use of small networks, a bundging net and a negative board multiple times in the form of a bundg;

Along with the enemy of B, there is an indication that the cell is produced by attaching a contact tape (600) after the string.

(b) Main drawings;

3. The Modive floor structure

LD

【Main Drawings Code】

100 : Batterboard, 200 : An isolation prevention, 300 Macul board, 400 Macul board, 500 Maculum board, 500 Maculum iondumping agents, 600 :

Prepaid Tapes