등록정정(특)
1. The decision made by the Intellectual Property Tribunal on September 27, 2018 on the case No. 2018 decided Sept. 27, 2018 shall be revoked.
2. Of the costs of lawsuit.
1. Presumed factual basis
A. Circumstances 1 of the instant trial decision, the Defendant Intervenor (hereinafter “Supplementary Intervenor”)
(B) On April 26, 2017, the Intellectual Property Tribunal: (a) filed a claim against the Plaintiff, the patentee of the instant patent invention, claiming that “The claim 1, 2, 3, 10, 17, and 19 prior to the correction of the instant patent invention, are the same as prior inventions 1, 2, and 3 filed in the instant lawsuit. Around July 24, 2017, the Plaintiff filed a claim against the Plaintiff, the patentee of the instant patent invention, for correction of the instant patent invention, on the grounds that: (b) a person with ordinary knowledge in the art to which the invention pertains (hereinafter referred to as “ordinary technician”) may easily make an invention from comparable inventions 1, 2, and 3; and (c) the nonobviousness of the instant patent invention, claiming that the patent invalidation trial (No. 1310, 2017Da1317, 17, and 19) is identical to the instant patent invalidation trial (hereinafter referred to as “instant request for correction”).
3) Accordingly, on September 14, 2017, the Intellectual Property Tribunal recognized the Plaintiff’s correction and rendered a trial ruling accepting all the appeals filed by the Intervenor on the ground that “the instant request for correction is lawful. Claim 1, 2, 3, 10, 17, and 19 of the instant patent invention is denied by the cited inventions.”
(1) On November 13, 2017, the Plaintiff filed a lawsuit against the Intervenor seeking the revocation of the relevant invalidation adjudication by this Court No. 2017Heo7708 (hereinafter referred to as “related invalidation adjudication”).
(4) Meanwhile, on January 12, 2018, when the relevant invalidation case is pending in this court, the Plaintiff filed a petition for correction trial with the Intellectual Property Trial and Appeal Board (2018No. 8) to correct the detailed description of the instant patent invention and claims 10, 19 as indicated below as follows.
The bottom part is corrected.
In the appeal for correction of this case, the correction was made.