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(영문) 특허법원 2016.09.02 2016허380

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 24, 2015, the Defendant filed a petition for invalidation trial against the Plaintiff on the instant patent claim 6 of this case with the Intellectual Property Tribunal No. 2015Da4359 on August 24, 2015, stating that “The nonobviousness of the instant patent invention claims 6 is denied since the person with ordinary knowledge in the technical field to which the instant invention pertains (hereinafter “ordinary technician”) could easily derive from prior inventions 1 and 2, and thus, the nonobviousness is denied.” In the foregoing invalidation trial proceeding, the Plaintiff filed a request for correction of the patent invention claims 6 of this case, as described in Article 29(2) of the Patent Act (hereinafter “instant request for correction”). In the foregoing invalidation trial, the Plaintiff filed a request for correction (hereinafter “instant request for correction”).

(2) On December 22, 2015, the Korean Intellectual Property Trial and Appeal Board rendered the instant trial decision that accepted the instant correction request as legitimate (hereinafter “instant correction invention”) on the ground that the instant correction request was accepted, and that “the instant correction invention is denied by prior invention 1 and 2,” and that “the nonobviousness of the instant correction invention is denied by prior invention 1 and 2.”

B. The name of the patented invention (A) invention of this case: knee Ekne Ekne 2) filing date/registration number: /registration number on July 9, 2010 / 9/10 / 10 / 10-1195 3): Plaintiff 4) claims / claims / claims 6 / 10 / 10 / 100 / 100 / 100 / 1000 / 1000 / 2000 placed on the lower side within the said Instru Investment Panel; and 200,000,000 in the upper part of the patented invention of this case; 200,000 won in the upper part; 30,000 won in the upper part of the patent invention of this case; and 30,000 won in the upper part of the Panel of Instrun and in the upper part of the passenger of the said body; 30,000