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Title

Determination of Infringement of Indirect Invention

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KH

Post Date 

2010-05-14

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Determination of Infringement of Indirect Invention


I. Trial for Confirmation of Scope of Right of Patent Registration
No. 347856

Patent Court’s Decision No. 2006HEO5348 published on Apr. 12, 2007
쭯 finally decided

1. Gist of the present patented invention and the subject invention for confirmation

(1) Gist of the present patented invention

A system for outputting diet information, comprising:
a common communication line (constituent 1);
a weight measurement unit connected to the common communication line, to measure the current weight of a user (constituent 2);
a scale system connected to the weight measurement unit, to measure the current weight to detect a value of the current weight and to output the diet information, the scale system including:
- a detection unit to detect the value of the current weight from the current weight of the user measured by the weight measurement unit,
- a processing unit connected to the detection unit, to process the diet information and the value of the current weight,
- a communication interface unit connected to the common communication line and the processing unit, to send the value of the current weight to an information providing unit or to receive the diet information from the information providing unit, and
- an output unit connected to the processing unit, to output the diet information processed by the processing unit (constituent 3); and
- an information providing unit connected to the common communication line, to provide the diet information corresponding to the value of the current weight to the scale system (constituent 4), wherein the information providing unit includes a storage unit to store a weight change value, a diet schedule, and recommended exercise information.

(2) Gist of the subject invention for confirmation

The subject invention for confirmation relates to a PC-connectable digital scale which is operable with an internet. The scale comprises a PC-connectable digital scale (100), a PC (200) to which the scale (100) is connected through a USB cable (150), and software (300) capable of accessing to the internet and sending physical information. The software (300) is established in the PC (200), the physical information measured by the digital scale (100) is sent a health management service providing server (400) through the internet, wherein the health management service providing server (400) is of the subject which produces or sells the scale of the subject invention for confirmation.

2. Patent Court’s decision (2006HEO5348)

(1) According to Article 135 of the Patent Law, a patentee or an interested person may request a trial to confirm the scope of a patent right, to confirm the scope of protection of the patented invention. According to Article 127 (i) of the Patent Law, where a patented invention relates to a product, (as a business) an act of making, assigning, leasing, importing or offering for assignment or lease articles used exclusively for producing the invented product is considered to infringe a patent right or an exclusive license. A patentee or an interested person can specify an article compared with the article used exclusively for producing an invented product as a target of a trial to confirm the scope of a patent right and can request the confirmation as to whether the subject invention is within the scope of the patent right.

(2) The subject invention for confirmation falls under the “articles used exclusively for producing (an invented product)” according to the present invention claimed in claim 2 where, first, the subject invention for confirmation corresponds to the essential constituent of the present invention described in claim 2, second, it is not used for any other purposes, third, it is an article which cannot be generally, widely, easily obtained, fourth, the replacement thereof is already expected only when purchasing the product according to the present invention, and fifth, the component is specially manufactured and sold by the patentee.

The present invention claimed in claim 2 comprises constituents 1, 2, 3 and 4. The weight measurement unit and the scale system as constituents 2 and 3 are formed in a single body by including all constituent 3. Thus, the scale system itself performs a process function having a TCP/IP-base operation system for internet communication, a communication interface function for internet communication, a function of sending measured weight data and checking the results thereof in real-time, and a function of confirming various types of data, such as text through HTTP, pictures, video, sounds or the like, on a screen, and sending/receiving the data in real-time.

In the subject invention for confirmation, a user connects constituent 1 to the PC (200), constituent 4, and sets constituent 2, wherein ↘ when, the user measures his/here weight by using a scale and inputs other information, such as height or sex, by using other input devices (not shown) in the PC (200), the PC (200) provides the health information, such as fat percentage, exercise information, food information and the like, ♭ when the user selects the option of “internet connection”, the measured data is sent through the internet, and the health information, such as personal physical information, exercise information, food information and the like, is provided through the health management service providing server (400). In the subject invention for confirmation, the PC-connectable scale, constituent 1, is operable only when it is connected to the PC but the scale does not have any constituents like constituents 1 to 4 of the present invention claimed in claim 2. Therefore, constituent 1 of the subject invention for confirmation does not have the essential constituent of the present invention of claim 2. Further, constituent 2 of the subject invention for confirmation is software with an internet connection and physical information transmission functions. When this software is set in the PC and used, ↘ it is possible to check the health information relevant to the measured weight value by using the software only, not through the internet, and ♭ it is possible to check the health information relevant to the measured weight value on the PC through the health management service providing server through the internet. However, the present invention claimed in claim 2 is used for another purpose than that of transferring the health information relevant to the measured weight value to the inside of the scale. Constituent 3 of the subject invention for confirmation is the USB cable for connecting the scale to the PC. However, the present invention claimed in claim 2 does not have any corresponding constituent thereto. Constituent 4 of the subject invention for confirmation is the personal computer, and it is obvious that the computer is used for other purposes in addition to the purpose to connect constituent 1 of the subject invention for confirmation. Further, it is not shown that the plaintiff, the patentee of the present invention as claimed in claim 2, produces or sells the article corresponding to each of the constituents of the subject invention for confirmation or that upon purchase of the product, each of the constituents of the present invention claimed in claim 2 is scheduled to be replaced with each of constituents 1 to 4 of the subject invention for confirmation. Then, each constituent of the subject invention for confirmation cannot be considered as falling under the “articles used exclusively for producing the patented product” of the present invention claimed in claim 2.


II. Trial for Confirmation of Scope of Right of Patent Registration
No. 101374

Patent Court’s Decision No. 2005HEO6863 published on Jun. 7, 2006
Supreme Court’s Decision No. 2006HU1902 publ  

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