The lower court determined to the effect that the patent invention of this case (Patent No. 1001354) did not infringe each patent right as provided in paragraphs (1) and (8) of the patent claim of this case (Patent No. 1001354) with the name of the Defendant’s practice product as “prone flusing flusing

However, according to the records, a trial decision to correct the claims of this case on June 24, 2014, which was after the decision of the court below was rendered upon the plaintiff's request for a correction request, becomes final and conclusive. Paragraph (8) of the claims of this case is a dependent claim citing the claims of this case corrected, and Paragraph (1) and (8) of the claims of this case under Article 136 (8) of the Patent Act shall be deemed to have been registered by the specification after the correction was made.

Therefore, the judgment of the court below, which examined and determined the infringement of patent rights under paragraphs (1) and (8) of the patent claim prior to correction, has the grounds for retrial under Article 451 (1) 8 of the Civil Procedure Act, which led to the error of violating the law that affected the judgment.

The ground of appeal pointing this out is with merit.

Therefore, without further proceeding to decide on the remaining grounds of appeal, the judgment below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.