The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1. (1) In order to find that a product manufactured or used by the other party to a patent infringement lawsuit (hereinafter “infringed product”) infringes on the patent right of the patented invention, an organic combination relationship between each element and its components stated in the scope of the patent right of the patented invention should be included in the infringing product, etc.

Even in cases where there are changes in the composition of a patent claim for an infringed product, etc., if the patented invention and the task solution principle are the same, the patented invention show the same effect as that of the patented invention, and if a person with ordinary knowledge in the art to which the invention pertains can easily think, it shall be deemed that the infringed product still infringes on the patent right as it is equal to the composition of the patent claim for the patented invention, unless there are special circumstances.

In this context, when determining whether the solution principle for the task of an infringed product and a patented invention is identical, part of the composition stated in the claim does not formally be extracted, but in comparison with the prior art in consideration of the detailed description of the invention stated in the specification and the prior art at the time of application, it should be practically examined and determined on what is the core of the professional engineer who is based on the special solution method in the patented invention.

(See Supreme Court Decision 2013Da14361 Decided July 24, 2014, and Supreme Court Decision 2012Hu1132 Decided July 24, 2014, etc.). Whether the operating effect is substantially identical to that of a prior art should be determined based on whether the task resolved by the patented invention is resolved by the infringement product, etc.

Therefore, the invention is identified in consideration of the detailed description of the invention and the prior art at the time of the application.