특허권침해금지 등 청구의 소
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. At the time of the Plaintiff’s registration of the instant patent invention (Evidence No. 4), the claim 1 (“cosmetic 1”) stated that “A cosmetic s including eporarasty sporasty spores and eporasty sporasp with a network-type structure,” but, on May 27, 2013, ELD Life Health Co., Ltd., filed against the Plaintiff for a registration invalidation trial against the Plaintiff on May 27, 2013, the Plaintiff filed a request for correction by adding the phrase “use in the eporasium” to all the above claims 1, and the Korean Intellectual Property Tribunal received the said request for correction on October 24, 2014 (Evidence No. 14) and the said decision became final and conclusive at that time.
On November 17, 2015, the Korean Intellectual Property Office made a correction publication by an invalidation trial.
The patented invention of this case refers to the patented invention as corrected and published.
The plaintiff is a patent holder of the following patented invention, engaging in manufacturing, selling, etc. of cosmetics:
1) The title of the invention: Polyhye shote, in which the composition of cremation is found, is a compound with hye, etc. (pool) hye, and a high molecule compound generated from the combination of hye (-NCOO-) hye (NH-O-O-) hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye.).