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(영문) 특허법원 2016.05.20 2015허4279

등록무효(특)

Text

1. The decision made by the Intellectual Property Tribunal on May 29, 2015 by the Intellectual Property Tribunal on a case No. 2014Da2478 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On October 7, 2014, the Plaintiffs asserted that the prior invention 1, 2, and 3, among the prior inventions 1 through 4, which were publicly known domestically or overseas prior to the filing of the application, falls under prior inventions 1, prior inventions 2, and prior inventions 5, prior inventions 3, and prior inventions 8, prior inventions 4, respectively. The Defendants asserted that the prior invention 1, 2, and 3 did not have a status as the prior invention, and thus, the prior invention 1, 2, and 3 cannot be easily selected by the Intellectual Property Tribunal on the grounds that “the prior invention 1, 2, and 3 was carried out by the prior invention” and “the prior invention 2, prior art invention 1, 2, and 2, and 3 cannot be easily selected by the Intellectual Property Tribunal on the grounds that the prior invention 1 and 2, prior art invention 5, which were publicly known prior to the filing of the prior invention 2, constituting “the prior invention 1, 2015,” and thus, the prior invention 25.

B. The title of the patented invention of this case (Evidence A 3):