[1] The case holding that a newness and non-obviousness are recognized for a patented invention under the name of "the method of creating character and its recording medium"

[2] The case holding that an invention, including the technology that selects animation sample image or combines it to create animation character, does not constitute a so-called "free technology" that can be conducted by combining publicly known technologies

[3] The case holding that an invention is included in the scope of the patent right of a patented invention on the ground that "the method of creating a synthetic image frame by combining the framework of an animation sample image with the key contents of the patented invention called "a character creation method and its recording medium" includes the method of combining it with the device of animation sample image, such as the working invention, with the method of forming a synthetic image frame

[1] The case holding that a newness and non-obviousness are recognized on the grounds that a patented invention under the name of "a character creation method and its recording medium" is not shown in a publication published prior to the filing date of a patent application, but there is no evidence to acknowledge that the method of creating an animation character is a technology already published and public

[2] The case holding that the invention does not constitute a so-called "free technology" where an animation sample image, which is a core content of the invention, is selected in a domestic or foreign patent and thesis widely known after being published prior to the patent application date of the patent invention called "a character creation method and its recording medium", or where it is not deemed that the technology that generates animation character is not included, but can easily implement the invention from each technology of the patent and thesis

[3] The case holding that the invention is included in the scope of the patent right of a patented invention on the ground that "the method of creating a synthetic image frame by combining the framework of an animation sample image with the key contents of the patented invention called "a character creation method and its recording medium" includes the method of combining the framework of animation sample image with the red story method, such as the working invention

[1] Article 29 of the Patent Act / [2] Article 29 of the Patent Act / [3] Article 42 (2) 4 and (4), Article 97, and Article 126 of the Patent Act

Plaintiff (Law Firm Name, Attorneys Kang Dong-gu et al., Counsel for the plaintiff-appellant)

Defendant (Law Firm Kim & Lee, Attorneys Kim Jong-chul et al., Counsel for the defendant-appellant)

October 31, 2005

1. The defendant shall not use, or produce, use, transfer, lend, import, or exhibit the recording media in which the program to implement the Arabic service method is recorded.

2. The Defendant shall destroy the recording media in which the facilities provided for the use of the Arabic service method and the program to implement the Arabic service method recorded in the separate sheet are recorded.

3. The costs of lawsuit shall be borne by the defendant.

4. The above paragraphs 1 and 2 can be provisionally executed.

The same shall apply to the order.

1. Basic facts

The following facts are either not disputed between the parties, or acknowledged in full view of the purport of the entire pleadings in each entry in Gap1-1, 2, A2, 3, A4-1, 2, 3, A6-1 through 10, Eul 1, 2, 11, and 12:

A. The Plaintiff is a patentee of the instant patent invention, the patent application of which was filed on September 25, 200 with respect to the invention under the name of “the method of creating character and the recording medium thereof” (hereinafter “instant patent invention”). On March 17, 2003, the Plaintiff filed a patent application on September 25, 200 (the patent application of which was filed on October 25, 199 on the basis of the patent application No. 10-199-46377) (the patent application of which was filed on October 25, 199).

B. The patented invention of this case provides users with a sample image of each character component that has been produced and stored by a professional designer, and creates a character on the Internet or Internet by combining each sample image selected by the user, and is an invention on the method to make it available on the Internet. Claim 1 through 6 is an invention of a method of static character, claim 7 through 14 is an invention of a method of an animation character. Claim 15 is an invention on the recording medium recording media recording a program necessary to create animation character. Claim 16 is an invention on which a program necessary to create animation character is recorded. Claim 16 is an invention on the recording medium recording media recording a program necessary to create animation character. Claim 16 is animation character (claim 7, 8, 11, 13, and 16). The contents of claims on animation character are as follows:

(Request 7)

In the method of creating character applicable to the character creation system:

At the request of the user, the first stage of providing an animation sample image for the elements of animation character stored at the request of the user;

2. animation character created by combining the image presss of animation sample selected by the user, creating a prescribed number of synthetic image presss by combining them by parts, and creating animation character created by combining the created synthetic image presses; and

At the request of the user, an animation character creation method, including the third stage, which modifies the image characteristics information on the elements of animation character, which is already synthetic as part of animation character as requested by the user.

(Request 8)

In paragraph 7,

The method of creating an animation character, including the fourth step provided to the user along with animation sample image at the user's request, after inputting the image model of the subject of animation character creation from the user.

(Request 11)

in any paragraph of paragraph 7 or 8 or 10;

As set forth above, the second phase:

The fifth step confirming the number of image presss comprising an animation character image selected by the user for each component of animation character; and according to the verification of the fifth step, the same number of the image presss of all the animation character components selected, which combines the image presss of the animation character components to create a prescribed number of synthetic image presss, and then combines the generated synthetic image presss to create animation character.

(Request 13)

In paragraph 11,

As set forth above, the sixth phase:

When an animation sample image for the elements of animation character is selected from the user, the method of creating animation character in real time by combining animation sample image for the elements of animation character selected, and by creating animation character in real time and providing it to the user.

(Request 16)

animation character creation system equipped with animation character;

First function of providing an animation sample image for the component of animation character at the request of the user;

After combining the image presss of an animation character selected by the user, creating a prescribed number of synthetic image press presses by combining them, the second function of creating animation character that has become dynamic characteristics for each part, and upon the user’s request, records a program designed to realize the third function to change the image characteristics of animation character component already combined as part of animation character, and read it by a computer.

C. The Defendant, a Internet portal site, is a company operatingnet “net” (htp:/www.net). Around April 2002, the Defendant opened a service item, “Abta” on the portal site, provides users with the same services as the attached Form (hereinafter “Defendant’s practice invention”), and stores a recording medium recording the program of performing the Defendant’s practice invention in the Defendant’s server computer.

2. The parties' assertion

A. The plaintiff's assertion

The Plaintiff asserts that the Defendant infringed the Plaintiff’s patent right by executing the Defendant’s working invention included in the scope of the right of claim 7, 8, 11, 13, and 16 among the claims of the instant patent invention, and sought the disuse of the recording media provided for prohibition and implementation of the Defendant’s working invention.

B. Defendant’s assertion

The defendant asserts that the patented invention of this case is invalid because it is not new and non-obviousness, and that the invention of this case is a so-called "free technology" that can be easily created from previous technologies, or a technology that differs from the core contents of the patented invention of this case, and thus does not fall under the scope of the right to the patented invention

3. Determination

(a) The basis for the determination;

The key issue of the instant case is: (a) newness and non-obviousness of the instant patent invention claims 7, 8, 11, 13, and 16; and (b) whether the Defendant’s working invention is included in the scope of the right of each of the instant claims; (c) the instant patent invention claims 8, 11, 13, and 16 relate to recording media that stored a program embodying claims 7, subordinate claims 7, or a program embodying claims 7; and (d) the instant patent invention claims 7 (hereinafter “claim 7”).

B. Determination as to the invalidity of the patented invention of this case

The defendant claims that the patented invention of this case was included in a domestic or foreign patent or thesis already known prior to September 25, 2000, which is the patent date of patent application, and thus, it is not recognized of newness or non-obviousness. Thus, the previous technologies of claims 7 and the defendant's claim should be compared and examined.

(1) Claim 7

The claim 7 consists of the first step providing an animation sample image composed of several authentic images presses to the user, second step creating a synthetic image press by combining the presses of animation sample image selected by the user, and third step changing the elements of animation character as requested by the user.

(2) Japanese patent (Special 9-305787, November 28, 1997)

The above patent is an invention related to a device that, after changing each constituent element of the monmonism, it is a device that, with regard to a monarch consisting of several constituent parts (e.g., g., g., g., g., g., g., g., g., g., g., g., g., g., g.,

[Reasons for Recognition] Eul 5

(3) Research reports on the mode of action of a person who is responsible for the division of letters (which was published on December 31, 1997 by the System Engineering Research Institute)

The research report is related to the method of making the above decentralization by a separate action system after combining each constituent part of the user's choice and creating the decentralization of the image.

【Ground for Recognition】 6

(4) Stoptop 5.5 Manual (Publication of March 5, 200)

The above manuals are related to technologies that realize an animation effect by continuously reproducing each of the above manuals according to the frequency and speed of repeated recoverys chosen by the user after creating a watering presses for a static image frame.

【Ground for Recognition】 7

(5) U.S. Patent (US 5,682,469, October 28, 1997)

The above patent is a patent aimed at organizing a user’s personal character of the software using an animation character, a terminal line, background screen, etc., and is a patent for the method of realizing animation by combining the suspension presses on each constituent part of the character after the user selected the static character.

[Reasons for Recognition] Eul 15

(6) Conclusion

According to the above facts, each of the above publications does not include each stage of claim 7 that generates animation character as animation character, and the contents of the claim 7 and its technical contents are different since each of the above publications selects animation sample image or combine it, and there is no other evidence to recognize that the patented invention in this case was already publicly known and used before September 25, 200, the patent application date, and there is no other evidence to support that it was a technology already publicly known and used. The defendant'

C. Determination as to whether the Defendant’s invention is a free technology

The Defendant asserts that the invention described below is not included in the scope of the right to the patented invention of this case since the Defendant’s working invention combines the technology included in domestic and foreign patents or papers, which was published prior to the patent application date of the patented invention of this case and widely known, and thus, the Defendant’s working invention and the Defendant’s assertion

(1) Defendant’s practice invention

The Defendant’s executing invention is a method of creating an animation character by providing animation sample image composed of several images presses to the user, a second stage of creating animation character by combining animation sample image selected by the user, and a third stage of changing the elements of animation character at the user’s request. Of these, the second stage is a specific, 29 image screen (ayer and a virtual screen containing each sampling image) and displaying simultaneously each sampling of the sampling image selected by the user (so, the part excluding the part 2. b. 5 of the attached sheet that does not correspond to the above recognized facts is the Defendant’s executing invention).

[Reasons for Recognition] Items A3, B 11, and 12, the purport of the whole pleadings

(2) Research on the development of an Anated Garc Program (Public Notice of November 1, 1999)

The purpose of this paper is to provide character and background screen to the user in the Internet hosting program, and if the user selects one of the eight stages of appraisal in advance when he/she intends to express his/her appraisal while selecting the character, he/she would make the character changed according to its schedule.

[Reasons for Recognition] Eul 3

(3) Domestic patent (application number 10-1998-045129, May 15, 200)

The above patent is a patent related to the method of enabling an employer to take action after combining the static images selected by the employer to form an Abatha and inputting the action that the employer wants (e.g., “a dance”).

【Ground for Recognition】 4

(4) U.S. Patent (US 6,076,104, June 13, 2000)

The above patent is a patent related to the technology for covering an animation image to a specific URL address.

[Reasons for Recognition] Eul 13

(5) Stoptop 5.5 Manual (Publication of March 200)

The said publications are related to the so-called Animated GF technology that realizes animation effect by storing several images presses as one GIF file.

[Reasons for Recognition] Eul 14

(6) Conclusion

According to the above facts, the above thesis and patent do not include the technology that selects animation sample image, which is the core content of the defendant's work invention, or combines it, but it does not seem that the party can easily implement the defendant's work invention from each technology of the above thesis and patent. Thus, the defendant's above assertion is without merit.

D. Determination as to whether the Defendant’s invention is included in the scope of the right to the instant patent invention

As acknowledged earlier, it is identical between the first and third stages of claims 7 and the first and third stages of the invention held by the defendant, and thus, it is examined whether the second and second stages of claims 7 are identical to the invention held by the defendant.

(1) Class 2 of Claim 7

If the second step of the claim 7 is subdivided, it is divided into the stages that combine the presses of animation sample image and create a synthetic image press, and the stages that combine the generated synthetic image presses, creating animation character.

(2) The second step of the Defendant’s practice invention

The second step of the Defendant’s executing invention is to form one radar for each animation sample image, and then to form animation character by pointing up each screen containing animation image.

(3) Determination

According to the above facts, the second step of the defendant's executing invention is realizing an animation sample image by means of reproducing several static images stored in the press form, and it is identical with the second step of the claim 7 in that animation character is created by combining animation sample image selected by the user, and furthermore, in the process of creating animation character by combining animation sample image in combination with animation sample sample image, even in the process of creating animation character, it can be divided into the frame of animation sample image by combining the frame of animation sample image in the rash method and the stage of creating animation character by continuously reproducing the synthetic image frame. In conclusion, it is identical with the second step of the claim 7.

In other words, the method of “the method of creating a synthetic image framework by combining the presses of animation sample image” in the second stage of the claim 7 includes the method of creating a synthetic image frame by combining the presses of animation sample image with the red story method, such as the Defendant’s executing invention (the specification of the patented invention in this case includes the method of creating a synthetic image frame after comparing the presses of each animation sample image with the number of the presses of each animation, and the method of creating a synthetic image frame is stated in the second stage of the claim 7, and the method of executing the same as the second stage of the Defendant’s executing invention is not stated. However, each of the above practices is merely an entry to supplement the contents of the claim 7, and the scope of the claim 7’s right is not limited to the method indicated in the implementation of the above claims).

As alleged by the Defendant, the second step of the claim 7 cannot be interpreted to include the combination method of an animation sample image by animation method, such as the second step of the Defendant’s executing invention. However, the claim 7 is a technology concerning the method of creating animation character completed by combining animation sample image. The combination method of animation sample image cannot be deemed to be the core technical content of the claim 7. The second step of the Defendant’s executing invention is the same as the second step of the claim 7 in that the user combines animation sample image selected by the user to create animation character. Since the composition of animation character and the appearance of animation character created by the Defendant’s executing invention are the same as that of the claim 7, nm (n: the number of character elements, m: the combination method of animation character within each one’simation, and the combination method of animation film is the same as that of the Defendant’s executing one’simation character within the scope of time and the other one’simation character.

[Reasons for Recognition] Gap 1-1, 2, Eul 11, 12, 13, the purport of the whole pleadings

(e) Conclusion

Therefore, the Defendant’s invention is included in the scope of the right of claim 7, and the recording media of the program stored by the Defendant in the Defendant’s server computer for the implementation of the Defendant’s working invention are included in the scope of the right of claim 16 of the instant patent invention. Therefore, upon the Plaintiff’s claim for prohibition of patent infringement, the Defendant shall not use the invention, or produce, use, transfer, lend, import, or exhibit the recording media in which the program to practice the Defendant’s working invention is recorded, and is obliged to destroy the recording media in which the facilities provided for the use of the Defendant’s working invention and the program to practice

4. Conclusion

If so, each claim against the defendant against the defendant is justified, all of them shall be accepted.

[Attachment] Omission

Judges Landscaping Co., Ltd. (Presiding Judge)