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(영문) 서울중앙지방법원 2020.12.11 2018가합509449
특허실시료 청구
Text

All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

(b) Costs of lawsuit;

Reasons

Basic Facts

Applicant 1 E FGH IDD 2 JH DD D 3 N PP Qu D 4, UV Do 5 X AABD D 6 AE AE AE AE AF AF AG D D D and D applied for registration of the patent registration date of the patent application registration date of the defendant's patent application number, and the patent for columns and beams used in a building as follows (hereinafter referred to as "the patent of this case"; if so named individually, the patent of this case is specified in the sequence).

The Defendant was established on August 26, 2014, around the time of the filing of the instant patent, for the purpose of manufacturing and installing metal structures, building construction, etc., and at the time of the establishment, the representative director C and in-house directors D.

On August 28, 2014, the first non-exclusive license contract D and the designated agent of the Defendant concluded a non-exclusive license contract with AH Co., Ltd. (hereinafter “AH”) on August 28, 2014 immediately after the filing of the instant patent, and D, C and their designated agent concluded a non-exclusive license contract with AH on September 5, 2014, immediately after the filing of the instant patent Nos. 1 and 2.

(hereinafter referred to as “the first non-exclusive license contract”). In the first non-exclusive license contract, the license fee for the instant patent was determined to pay the amount equivalent to 40% of the profit agreed upon by the parties to the contract.

The conclusion of exclusive license contract and the designation agent of the plaintiff D or C (hereinafter referred to as "A") and the defendant and AI (hereinafter referred to as "B") or the designated agent of the AI shall enter into an exclusive license contract for the structural design specified below:

Article 3 (Scope of License) The scope of the license granted under this case shall be as follows:

Implementation area: The implementation period within the Republic of Korea: The design, structural design, and public law proposal and development of products using the patent of this case.

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