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(영문) 수원지방법원안산지원 2015.02.05 2014가합20186
손해배상 청구의 소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the manufacturing and selling business of spackers with the trade name of C, and the Defendant is the representative of D Co., Ltd. that is a company of the same business type.

B. The Defendant filed an application for a patent with respect to the spacker’s spacker’s spacker’s land as follows:

(hereinafter referred to as “instant patent.” The name of the invention: F/ G/H patentee: in paragraph 1(s) or (2) of this Article, with the content of the Defendant’s Claim: (a) the materials containing rubber are compresseded into the vibration board; and (b) in paragraph 5(1) or (3) of this Article with the characteristics of forming IMs on the front side of the vibration board; (b) the first heading, the first heading, and the second heading, and the second heading, and the second heading, are formed between 5 and 70; (c) the above roll is one of the strings, Dazraw, the UN roll, the Myls, and the lower part; (d) the upper part of the claim(s) to 9 through 47(s) is 50(s) and the average point to 47(s) of the above paragraph(s) is 1 to 70(s) and the upper part of the claim(s) are 1 to 47(s) or 47(s).2) above.

C. Around September 2010, the Defendant exercised the patent right by filing an application for preservative measures against the Plaintiff, or filing a lawsuit against the Plaintiff, as indicated below, including the Plaintiff’s filing of an application for preservative measures against the Plaintiff, on the grounds that the Plaintiff’s spacker’s spacker’s spacker’s land price infringed upon the Claim Nos. 1, 5,

As a result of the case number in September 2010, the defendant is the defendant of 2012 type 17037 of the Suwon District Prosecutors' Office.

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