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(영문) 수원지방법원안산지원 2015.06.11 2014가합762
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s patent right and utility model right has each patent right indicated below [Attachment 1] and the utility model right indicated below [Attachment 2] as to dust and malodor emitting a small amount of dust and malodor.

The date of registration of the title of the patent number invention 1D E E EF G 2H 2HH 3 L NO / [Attachment 1] The date of registration of the name of the Plaintiff’s patent number patent invention / The date of registration of the date of application for the name of the patent number invention / QR 2 SI T 3 UK / X 2] the Plaintiff’s utility model right

B. On May 2005, the Plaintiff entered into a supply contract with Defendant C, who operated the manufacturing of machinery, etc. with the trade name of “Y”, to produce and supply dust and malodor emitting a small amount of dust according to the drawing provided by the Plaintiff, and Defendant C terminated the said supply contract as Defendant C did not manufacture and supply the said machinery.

C. Defendant C’s patent application and patent right transfer 1) completed the registration of the patent application with respect to dust and malodor so as to be listed below (attached Table 3). The patent application date of the patent number invention 1 Z AAB AD 2 AE AE AF AG 3 AG AG 4 AG AL AG 4 AG AL AG 5 AK AG 6 AG 6 AM AM 2) Defendant C concluded a contract with Defendant C to transfer the patented invention related to air purification at KRW 60 million on July 9, 2008 (hereinafter “SAC”) and receive 4% of the sales amount generated by the patent application date.

Defendant B’s products manufactured and sold dust and malodor stacks (hereinafter “Defendant B’s products”) under the name of “AP” (hereinafter “AP products”).

E. 1) The Plaintiff filed a petition for an invalidation trial on the patent invention under [Attachment 3] No. 2010Da1457 with the Intellectual Property Trial and Appeal Board (No. 2010Da1457) against Defendant C, and the Intellectual Property Trial and Appeal Board (the Intellectual Property Trial and Appeal Board).

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