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Quanta v. LG 판결이 한국에서 가진 의미에 대한 소고(小考) : The study on the meaning of Quanta v. LG decision by U.S. Supreme Court to Korea
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- Authors
- Issue Date
- 2008
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.49 No.3, pp. 444-491
- Keywords
- 특허권 소진 ; 특허 라이선스 ; 방법특허 ; 실시허락 ; 연방특허항소법원 ; 특허법원 ; patent exhaustion ; method patents ; CAFC ; KSR ; patent License ; Festo
- Abstract
- In June 9, 2008, U.S. Supreme Court declared in Quanta v. LG decision that the
patent-exhaustion doctrine should be applied not only to the patent for apparatus
invents but also to method patents. This position is to discourage patent drafters
from disguising their patent claims as method patents even though those are
actually apparatus invents. However, U.S. Supreme Court left open the question of
whether a patentee could exclude the application of the patent-exhaustion doctrine
by inserting a clear restriction into his patent license agreement. Though there have
been relatively few studies about these issues in Korea, the above decision will be
a good guidance for our countrys forthcoming cases.
On the other hand, U.S. Supreme Court in this case once again put a brake on
CAFCs continuing attitude toward pro-patentee bias. From the Festo decision in
2002 to Quanta v. LG decision in this time through the eBay v. MercExchange
decision in 2006, the MedImmune decision in January 2007, the KSR decision &
the Microsoft Corp. v. AT&T Corp decision in April 2007, U.S. Supreme Court
had continually reversed CAFCs judgments, demanding to take a more broader
view considering not only the protection for patentees but the promotion for fair
competition in market. Because Korea has the Patent Court of Korea whose status
is similar to that of CAFC in US, it will become more and more important for the
Supreme Court of Korea to properly guide the Patent Court of Korea not to expose
the drawbacks of a specialized court.
Also, this decision in Quanta v. LG case will probably be the reading case in
US patent law area where the Korean major corporation appeared on the stage as a
party for the first time. This situation suggests that our corporations technological...
- ISSN
- 1598-222X
- Language
- Korean
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