HiteJinro: "Not Patent Infringement in First Trial... Awaiting Court Decision"

HiteJinro Beer 'Terra'

[Asia Economy Reporter Lee Seon-ae] The patent lawsuit surrounding the rotating protrusion design of HiteJinro's hit beer "Terra bottle" has entered its second round. On the 26th, the Patent Court is scheduled to hold the first hearing of the second trial appeal between Jeong Young-il, CEO of IP Development, who claims that the Terra bottle design infringes his patent, and HiteJinro.

On the 25th, ahead of the patent lawsuit appeal trial, HiteJinro stated, "Last year, the Patent Trial and Appeal Board concluded that our company did not infringe the patent," adding, "We will await the decision of the Patent Court."

Terra, released in March last year, is characterized by a spiral protrusion design on the neck of the bottle. Inventor Jeong raised an issue with HiteJinro, claiming that the rotating protrusion design infringed his patent. Accordingly, HiteJinro filed a 'declaratory judgment of non-infringement' with the Patent Trial and Appeal Board in June last year and won the first trial in November of the same year. Jeong appealed to the Patent Court a month later.

The Patent Trial and Appeal Board judged during the first trial that the Terra bottle did not constitute patent infringement. Jeong's patent involves a convex protrusion inside the bottle that induces liquid discharge, but Terra applied a design with protrusions on the exterior.

At that time, HiteJinro explained, "Protrusions inside the bottle may inevitably occur during the external protrusion manufacturing process." The Patent Trial and Appeal Board also ruled in favor of HiteJinro, stating that the Terra design did not fall within the scope of Jeong's patent rights. Furthermore, the Patent Trial and Appeal Board decided that Jeong's patent was invalid in the 'patent invalidation trial' procedure. The patent was deemed lacking in inventiveness because an ordinary technician could combine two prior inventions preceding Jeong's patent to create the invention. HiteJinro explained, "The patent was invalidated due to lack of novelty and inventiveness."

Meanwhile, on the same day, Jeong held a press conference at the Yeouido Korea Federation of SMEs, stating, "We filed an appeal trial in December last year, and on the 26th, the first hearing of the appeal trial will be held at the Patent Court," adding, "We will focus on rebutting two issues: the 'patent invalidation' and 'scope of rights confirmation,' which were unilaterally accepted in favor of HiteJinro in the first trial."

Jeong has completed the appointment of legal representatives with free legal support from the public interest foundation "Gyeongcheong," which aims to restore rights for small and medium enterprises, and also receives advice from the legal support group of the Foundation for Cooperation among Large, Medium, and Small Enterprises and Agriculture and Fisheries under the Ministry of SMEs and Startups. Jang Tae-gwan, director of Gyeongcheong, said, "We believe that small businesses involved in technology theft disputes with large corporations that have hired major law firms should at least have the opportunity to legally contest, which is why we decided to provide legal support for this retrial."