특허권침해금지 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination on the cause of the claim
A. On May 16, 2018, the Plaintiff’s assertion that “C planned a pilot project, and publicly announced the purchase of goods, such as the description of the purport of the claim.” The “C” to be purchased through the said public announcement of tender constitutes an infringement on the invention of the name “G” (in particular, Claim 1) of which the Plaintiff completed patent registration as the patent number F on the date of the public announcement of tender.
Therefore, the plaintiff seeks prohibition and destruction against the defendant, as stated in the purport of the claim.
B. According to the overall purport of evidence Nos. 2 and 3 through 5, including the number of judgment, and the entire purport of the arguments and arguments, the Defendant filed a petition for a trial for invalidation of the Plaintiff’s patent right with the Intellectual Property Tribunal No. 2018Da3958 on Nov. 29, 2018, and the Intellectual Property Tribunal rendered a trial decision to invalidate the patent of the FR invention on Feb. 22, 2019 on the ground that the Plaintiff’s patent invention is identical substantially to the prior invention publicly notified before the patent application was filed, and that the said trial decision became final and conclusive on Apr. 4, 2019 due to the Plaintiff’s lack of objection to the said trial decision.
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, a trial decision invalidating the Plaintiff’s patent number F becomes final and conclusive, and the Plaintiff’s patent right is deemed to have never existed from the beginning pursuant to the main sentence of Article 133(3) of the Patent Act. Therefore, the Plaintiff’s claim of this case premised on the existence of patent right is without merit without examining the remainder.
2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.