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(영문) 대법원 2015.07.23 2014다42110
손해배상(지)
Text

The judgment below

Among them, the part on the claim for damages against completion products is reversed, and this part of this case is applied.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to whether semi-finished products of N95 and N96 constitute patent infringement products

A. Examining the reasoning of the lower judgment in light of the relevant legal principles and records as to whether a product is a direct infringement, the lower court is justifiable to have determined that the production of each semi-finished product of the N95 and N96, which the Defendant produced and exported, does not have part of the elements of Claim 1 (hereinafter “instant Claim 1”) and Claim 2 (hereinafter “instant Claim 2”) of the instant patent invention (patent registration number F), the name of which is named “B,” and that the production of the product does not constitute a direct infringement on each patent right of the instant Claim 1 and Claim 2 (hereinafter “instant Claim 2”). In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the interpretation of the scope of claims of a patent invention and requirements for establishing direct infringement

B. (1) As to whether an product is an indirect infringement, Article 127 subparag. 1 of the Patent Act provides, “In the event that a patent is an invention of a product, the act of producing, transferring, leasing, importing, or subscribing for the transfer or lease of, a product used exclusively for the production of the product shall be deemed an infringement of the patent right or exclusive license.”

The purpose of this is to consider it as a patent infringement under certain conditions in order to enhance the effectiveness of remedy for infringement of patent rights where it is highly probable that all the elements of the invention will be carried out even if the act was conducted without carrying out all the elements of the invention, and even if it was conducted at the pre-stage stage.

(2) of this section.

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