특허권침해금지 및 손해배상청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. As the cause of the instant claim, the Plaintiff completed the patent registration on October 7, 2010 with respect to the invention of the title “the two-way electronic electric power system” as the patent number No. 098767, Oct. 7, 2010. The Defendant sought prohibition and destruction of the Plaintiff’s above patent right as stated in the separate sheet against the Defendant on the ground that from around 2014, the Defendant infringed upon the Plaintiff’s patent right by manufacturing and selling each product listed in the separate sheet, and sought payment of damages for delay as part of the Plaintiff’s damages caused by the Defendant’s infringement of the patent right.
However, according to the overall purport of evidence Nos. 5 and 9-1 and 2 of evidence Nos. 5 and 9-2, the defendant et al. filed a trial for invalidation of the patent right with the Intellectual Property Tribunal 2017Da248 on January 25, 2017, and the Korean Intellectual Property Tribunal recognized correction of the correction to the plaintiff's patent applicant on April 7, 2017, and rendered a trial decision that the patent of the invention No. 098767 should be invalidated on the ground that the corrected patented invention was denied by the prior invention publicly notified prior to the filing of the patent application. The plaintiff filed a lawsuit against the defendant et al. seeking revocation of the above trial decision with the Patent Court, but the Patent Court dismissed the plaintiff's claim on January 26, 2018, and it is recognized that the above trial decision became final and conclusive on February 20, 2018 because the plaintiff did not appeal the above judgment.
In addition, the main text of Article 133(3) of the Patent Act provides that if a trial decision invalidating a patent becomes final and conclusive, the patent right shall be deemed never to have existed.
As seen earlier, the Plaintiff’s trial decision invalidating the Plaintiff’s patent number No. 0987667 becomes final and conclusive, and the Plaintiff’s patent right is deemed never to have existed from the beginning pursuant to the main text of Article 133(3) of the Patent Act. Thus, the Plaintiff’s claim of this case premised on the existence of patent right