Yeyul Law Firm successfully defends the full amount of damages worth KRW 3 billion for construction method patent infringement
Yeyul Law Firm ultimately won the case on behalf of the construction company in a lawsuit for 3.2 billion won in damages filed by a company holding a patent for a construction method against the construction company, alleging that “the company’s patented technology was used without permission during the construction process.”
It was announced on the 29th.
Yeyul argued that the patent rights owned by the plaintiff company D were invalid due to lack of novelty and inventive step, and that there was a difference between the plaintiff's patent rights and the construction method implemented by the defendant, so the defendant did not infringe the plaintiff's patent rights. In addition, referring to the court's explanation, we focused on the detailed technical explanation and presentation (PT) that the court raised questions about.
In particular, there is a clear difference between the patent rights claimed by Company D and the construction method implemented by the defendant and the construction method of Companies A and B in terms of 'whether or not a specific technical principle is used', and even if infringement of the lyrics is recognized, the amount of damages should be reduced as only a few places are similar. It was argued that this was the case.
The principle of completeness of constituent elements is the principle that infringement itself does not occur if some of the plural constituent elements of a patent claim are missing. The doctrine of equivalents is a principle that recognizes patent infringement if the actual operational effect is the same even if the components are slightly different from existing patented inventions. These two principles are general principles in patent litigation precedents.
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