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(영문) 서울남부지방법원 2019.11.26 2014가합110830
특허권 침해금지청구 등
Text

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

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

Reasons

1. Basic facts

A. The Plaintiff is a company that mainly engages in the business of supplying precise processed metal plates to various kinds of metal plates, and the Defendant is a company that manufactures and sells saw machinery-related machinery, manufactures and sells steel products.

B. The Plaintiff filed an application for a patented invention (hereinafter “instant patent”) as described below the date C and completed the registration of the date D.

With respect to the cutting wing devices, which are employed on the cutting devices cutting of metal plates by the first saw day of the cut saw that they are inserted selectively from the opposite to the above saw saws in order to cut the metal plates; and at the same time, they are transferred to the above saw saws to be inserted into the above saws, so that the cut part of the metal plates can be mutually separated from the above saws centering on the above saws; the above transfer means include the first transport means to move the above saws to the upper line of the cuts; the fact that the above saws are moved to the upper line of the above saws; the fact that the above saws contain the transport means to inserting the above saws into the above saws to the above saws; the fact that the above saws contain the transport means to the above saws into the upper line of the cut lines; and the fact that there is no ground to dispute as to the transfer of the whole 1 piece of metal plates to the above saws.

2. The plaintiff's assertion that the defendant produced the devices listed in the attached Forms 1 and 2 and sold them to the non-party E Co., Ltd. (hereinafter "the non-party E Co., Ltd.") and the third party. Since the plaintiff infringed the plaintiff's patent, the defendant shall not produce, use, transfer, lease, import the devices listed in the attached Forms 1 and 2, or make an offer for transfer or lease of such devices, and all the devices listed in the attached Forms 1 and 2 in the defendant's office, factory, warehouse, and business office shall be discarded.

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