온라인 바카라사이트 추천

A company ("Company K"), which owns a 온라인 바카라사이트 추천 for a case cover for wireless earphones (the "온라인 바카라사이트 추천"), filed a lawsuit against a company infringing the 온라인 바카라사이트 추천 for an injunction of infringement and damages. In response, the defendant requested the Korean Intellectual Property Tribunal for a trial to confirm the scope of rights, stating that its product, i.e., the design subject to confirmation, does not fall within the scope of rights held by the 온라인 바카라사이트 추천.

 
2. Issues in the case

The issue was whether the design subject to confirmation contains the "upper cover body with a certain curvature" configuration, which is one of the configurations of the 온라인 바카라사이트 추천.

 
3. Our role

Representing Company K, we argued that the design subject to confirmation had all the configurations of the 온라인 바카라사이트 추천 and that the two designs were at least equal. In particular, the term "certain curvature" was not specifically defined in the specification of the 온라인 바카라사이트 추천, which was a major problem in interpreting the scope of claims. Based on the basic legal principle that the scope of claims should be interpreted in light of the description and drawings, we comprehensively emphasized the dictionary meaning of "constant", the problems of the prior art described in the specification, the function and effect of the 온라인 바카라사이트 추천, and the description in the embodiment and drawings. We argued that "constant curvature" does not mean a curvature that has the same value at any point on a curved surface (such as the curvature of a sphere), but should be interpreted as a curvature that has a fixed value that does not change at any point, and that the design subject to confirmation is therefore equipped with an upper cover body having the "constant curvature".

4. Judgment of the KIPT

After hearing the case for more than a year, the KIPT accepted our arguments and determined that the design subject to confirmation contained the configuration of the 온라인 바카라사이트 추천 as it was, and was therefore identical or equal to it, and thus fell within the scope of the relevant rights (KIPT Decision 2022Dang 2685).

5. Implications

If the specification of a 온라인 바카라사이트 추천 (patent) does not clearly define certain configurations in the scope of claims, the interpretation of the scope of claims is bound to become an issue. The infringement status may be completely different according to the definition of configurations. Thus, it is very important to carefully analyze the entire specification and drawings to derive a reasonable interpretation of the claims disclosed by the applicant.


□ Attorneys in charge : Park Je-hyeoung, Jung Young-hun, and Nam Yeon-jeong