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| TITLE | Supreme Court en banc Decision 2010Da95390 Decided January 19, 2012【Injunction against Patent Right Infringement; Damages】 [full Text] |
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| Summary | |
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[1] Where it is apparent that a patent will be invalidated due to lack of non-obviousness even prior to a judgment on invalidation, whether a claim for injunction against infringement or damages based on the patent right constitutes an abuse of right (affirmative in principle), and whether the court in charge of patent right infringement litigation can deliberate and decide on the non-obviousness of a patented invention as a premise to determine the propriety of a defense pleading an abuse of right (affirmative) [2] Where Company A, patent holder of the invention named “Modular Structure of Drum-Type Washing Machine,” sought an injunction for patent infringement, etc. against Company B, the case holding that the lower court erred by misapprehending legal principles and rendered that the above claim constitutes an abuse of right although it is not yet clear whether the patent will be invalidated due to lack of non-obviousness |
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