등록무효(특)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On December 5, 2018, the Defendant: (a) the Plaintiff, C & D Co., Ltd. (hereinafter collectively referred to as “Plaintiff, etc.”) as the patentee of the instant patent invention; and (b) the Plaintiff, C and D Co., Ltd. (hereinafter collectively referred to as “Plaintiff, etc.”).
2) The Patent Tribunal filed a petition against the Intellectual Property Tribunal for a trial on invalidation of a patent of the instant patent invention under the Patent Tribunal No. 2018Da4051, and the trial on invalidation of the patent of this case (hereinafter “instant invalidation trial
(2) On May 9, 2019, the Plaintiff et al. claimed that “each claim of the instant patent invention is denied non-obviousness by combining the cited inventions 1 through 5 of the instant patent application.” However, on June 30, 2019, the Korean Intellectual Property Trial and Appeal Board revised the correction statement on August 8, 2019, when the Plaintiff et al. filed a request for correction of the instant patent invention (hereinafter “instant request for correction”).
3) On August 28, 2019, the Korean Intellectual Property Trial and Appeal Board: (a) the amendment to the specification of the instant correction changes the gist of the instant request for correction; (b) the instant request for correction is unlawful as it deviates from the scope indicated in the specification and drawings of the instant patent invention; and thus, (c) the instant request for correction is not recognized; and (d) the instant request for correction is not recognized; and (b) the instant request for correction is denied by combining the instant patent invention 1 and 4, or by combining the instant patent invention 3 and 4 with the cited invention 4.
B. B. The Plaintiff filed the instant lawsuit seeking the revocation of the instant trial decision on October 17, 2019.
On the other hand, on October 30, 2019, the Plaintiff et al. filed a petition for trial to correct the patented invention of this case as the Intellectual Property Tribunal No. 2019No105 (hereinafter “instant petition for trial to correct the patented invention”), and against this.