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(영문) 특허법원 2017.12.08 2017허4129

등록무효(특)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 10, 2015, the Defendant: (a) on August 10, 2015, against the Plaintiff, before the Intellectual Property Trial and Appeal Board:

B. The Plaintiff’s patented invention as indicated in the paragraph (hereinafter “the instant patented invention”) can easily be claimed by a person with ordinary knowledge in the technical field to which the invention pertains (hereinafter “ordinary technician”) by prior inventions 1 through 5, and each of the non-obviousness of the patented invention is denied, and its registration should be invalidated.

2) On April 24, 2017, the Korean Intellectual Property Trial and Appeal Board filed a petition for invalidation trial with the purport to the effect that “an invention described in the Claim 1 through 6 and the Claim 8 through 10 (hereinafter referred to as “in accordance with the number of each Claim”) of the instant patent invention is the invention described in the instant Claim 1 through 6 and the Claim 8 through 10.

(3) On August 14, 2017, the Intellectual Property Tribunal filed a petition for correction of the claim cited in paragraph (7) of this case from “paragraph (1)” to “paragraph (6)” to “paragraph (1) of this case, and the Intellectual Property Tribunal rendered a trial decision of partially accepting the Defendant’s request for a trial (hereinafter “instant trial decision”). The Defendant also filed a lawsuit for revocation of the trial decision as to the part of the Claim Nos. 1 through 6, 8, and 10 which were judged null and void among the instant trial decision.” The Defendant filed a petition for correction of the claim cited in paragraph (7) of this case from “paragraph (1)” to “paragraph (6)” to “paragraph (1), and the Intellectual Property Tribunal accepted the claim on November 9, 2017, and the said trial decision became final and conclusive at that time.

B. The Defendant’s patent invention 1) title: The filing date/registration date/registration date/registration number: March 10, 2015; (i) the patentee on July 9, 2015; (ii) the claims 4) the scope of claims 1 / the interior drainage of the floor structure of the building.