A. On January 12, 2016, the Plaintiff asserted that the nonobviousness of the claim 1, 2, 3, 5, 7, and 12 prior to the correction of the instant patent invention, as indicated in paragraph (b) below, is denied, and filed a petition against the Defendant, who is the patentee, for a trial on invalidation of a patent under the Patent Tribunal No. 2016Da89 (hereinafter referred to as “instant petition for trial”).

(2) On November 16, 2016, the Defendant filed a request for correction to the effect that the claim 1, 8, 9, and 10 of the instant patent invention should be corrected and the claim 7 should be deleted (hereinafter “request for correction of this case”).

(2) On July 31, 2017, the Korean Intellectual Property Tribunal recognized the Defendant’s correction request lawful, dismissed the part on the claim 7 of the instant patent invention among the Plaintiff’s aforementioned patent invalidation trial, and dismissed all the remaining appeals.

Accordingly, on August 29, 2017, the Plaintiff filed the instant lawsuit seeking the revocation of the instant trial decision.

3) On October 31, 2017, on which the instant lawsuit is pending, the Defendant filed a petition for correction trial with the Intellectual Property Trial and Appeal Board (hereinafter “instant petition for correction trial”) to the effect that “the claim 1, 4, 6, 8, and 9 of the instant patent invention is corrected, and the claim 3, 5, 7, 10, 11, and 12 is deleted” (hereinafter “instant petition for correction trial”).

(2) The Intellectual Property Tribunal shall render a corrective trial ruling citing the foregoing (hereinafter “instant corrective trial ruling”) on December 28, 2017.

(B) The instant decision on the correction was finalized at that time. (b) The name of the instant patent invention (No. 2: the filing date/priority date/registration date/registration date/registration number of cosmetics: February 22, 2014;//14, October 29/10, 2015/10/ October 29, 2015: the Defendant’s claims (amended by the instant correction decision); (b) the means of discharging 1 cosmetic the Defendant’s claims (amended by the correction decision of this case); (c) the means of discharging the cosmetic to the outside; (d) the date on which the said cosmetic was discharged; and (e) the publication equipped with multiple soil outlets.