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특허법원 2018.08.16 2017나2745
손해배상(지)
Text

1. The plaintiff's appeal is dismissed.

2. The Plaintiff shall bear the total costs of the lawsuit after filing the appeal.

purport, purport, and.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' as to the assertion that the plaintiff added or emphasized by this court, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(다만, 제1심 공동피고 C 주식회사에 관한 부분은 제외한다). 2. 추가 판단 ◎ 제1심 판결 제2의

B. (1) The following is added to the next 7th 14th tier of the first instance judgment). 2) The Plaintiff’s patent infringement period (36 months from November 19, 2013 to November 9, 2016, which is the date of the closing of argument in the first instance trial) is ordinarily entitled to receive for the implementation of the instant patent invention during the patent infringement period (36 months from November 19, 2013, which is the date of infringement). Thus, Defendant B is obligated to compensate the Plaintiff for KRW 116,129,032 (10,000 for patent fees between 31 months and 36 months).

In addition, due to the infringement of the patented invention of this case by Defendant B, the Plaintiff failed to supply the machinery using the patented invention of this case to Co-Defendant C Co-Defendant C of the first instance trial, thereby causing damages equivalent to the above ordinary working fee of KRW 116,129,032, which is equivalent to the above ordinary working fee, and thus, Defendant B Co.,

Therefore, Defendant B Co., Ltd. is obligated to pay to the Plaintiff KRW 199,258,064 (= KRW 116,129,032 won) 116,129,032 won - Defendant C Co-Defendant C Co-Defendant C Co., Ltd. in the first instance trial to compensate for damages and delay damages.

B) The board (a "amount equivalent to the amount ordinarily entitled to the working of the patented invention" under Article 128(3) of the former Patent Act is the objective value of the patented invention, the content of the license agreement with a third party on the patented invention, the contents of the license agreement with the third party, the previous license agreement with the infringer, and the patent infringement.