Representative of electronics company accused of patent infringement on ballpoint recorder, acquitted... Demonstrating the Technology Gap

The CEO of an electronics company who was sued by a rival company for selling a recorder that was visually similar to a patented ballpoint pen recorder was cleared of the charges.

Incheon Gyeyang Police Station recently decided not to forward Mr. A, in his 30s, who was accused of violating the patent law. Mr. A was accused of selling a product similar to the recorder for which company B applied for a patent last year.

Company B sent a certificate to Mr. A to stop selling the recorder or pay a license fee, but when Mr. A did not respond, it sued for violation of patent law.

Mr. A completely denied the charges, saying that the recorder he was selling was designed in consultation with a patent attorney from the development stage to prevent legal disputes and patent infringement. At the same time, he argued, "Company B's patent is for the basic composition, not a special technology element, so the claim of violation of the patent law does not stand. If patent infringement is recognized based on wording and some elements, technological development will be hindered in all industries."

The police determine whether infringement under the Patent Act is limited to the technical elements specified in the claims, and Company B's complaint was deemed to be outside of these patent rights.

Attorney Cho Min-woo of Daeryun Law Firm, Mr. A's legal representative, explained, "According to Supreme Court precedent, patent rights are protected as a whole combining the listed components. Since each component is not protected separately, Company B's claim does not comply with the basic principles of patent law."

He also said, “Although the two products look similar to the naked eye, there are differences in detailed technologies such as USB-C type, elastic bias operation plate, and PCB protective film. Mr. A’s product does not fall within the rights claimed by Company B, and this was objectively proven and the company was acquitted.”

Reporter Jeong Cheol-wook

[View full article]
Electronics company representative accused of patent infringement on ballpoint pen recorder... Proof of Technology Difference (Shortcut)