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(영문) 특허법원 2017.12.22 2016허9448

등록무효(특)

Text

1. Claim No. 1. of the Patent Tribunal’s decision on November 25, 2016 on the case No. 2014DaDa2561

Reasons

1. Basic facts

A. On October 16, 2014, the Plaintiff filed a petition with the Intellectual Property Tribunal for a registration invalidation trial against the Defendant, and the Defendant’s patented invention as indicated in the following B (hereinafter “instant patented invention”).

(2) On November 25, 2016, the Intellectual Property Tribunal deliberated on the prior invention as 2014Da12561, and decided on November 25, 2016, the prior invention 1 cannot be used as prior art to determine the newness and inventiveness of the instant patent invention since it is not an invention publicly known or publicly worked prior to the filing date of the instant patent invention, and the inventions described in each claim cannot be easily claimed by a person with ordinary knowledge in the art to which the invention pertains (hereinafter referred to as “ordinary technician”) by the prior invention 2 through 4, and thus, dismissed the said request (hereinafter referred to as “instant trial decision”).

3) On June 26, 2017, when the lawsuit was pending, the Plaintiff filed the instant lawsuit seeking the revocation of the said trial decision. On June 26, 2017, the Defendant filed a petition with the Intellectual Property Tribunal for a trial to explain the details of the invention and to correct the claim 1. On October 10, 2017, the Intellectual Property Tribunal rendered a trial decision accepting the said request for correction, and the said trial decision became final and conclusive as it becomes final and conclusive (the Plaintiff filed a petition for a trial to invalidate the correction and is currently pending in trial by filing a petition for a trial to invalidate the correction).

B. B. B. The title of the instant patent invention (No. 2, No. 25) reflects the matters corrected by the corrective trial ruling rendered on October 10, 2017, 2017: D2) the filing date/registration date/registration number: E/F/C3) the patentee: Defendant 4’s outline purpose of the instant patent invention is to link in accordance with the former power of the second romoter, i.e., the link in accordance with the instant patent invention.