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(영문) 특허법원 2019.11.29 2019허3366

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 June 20, 2018, the Defendant claimed a trial for invalidation of a patent on the entire claim of the instant patent under the Intellectual Property Tribunal No. 2018Da1875 against the Plaintiff, who is the patentee of the instant patent invention, as indicated in paragraph (b) below, and in the invalidation trial procedure, the Defendant asserted that “each claim of the instant patent invention is the prior invention 1 or 4 of the instant lawsuit by a person with ordinary knowledge in the relevant technical field (hereinafter “ordinary technician”) in the pertinent technical field, respectively. Inasmuch as the nonobviousness is denied as it is easily possible to make an invention by virtue of the foregoing, the patent should be invalidated in entirety. 2) On March 26, 2019, the Intellectual Property Tribunal asserted that “the patent shall be invalidated in entirety” on the grounds that: (a) the claim 1 or 2 of the instant patent invention is based on Cited Invention 1 or 3; and (b) the claim 3 ought to be invalidated in accordance with Cited Invention 1 or 4; and (c) the Defendant’s petition for invalidation of the instant patent.”

B. The title of the patented invention of this case (No. 2 and 3) 1: C2) filing date/registration date/patent number: D/E/F3: The technical task that the Plaintiff intends to develop and resolve (001) is with respect to the new outbreak with excellent erode and mathy function, and more detailedly, it is related to the new outbreak with excellent eromatic pressure and mathic function capable of more effectively suppressing the center erode of the floor by forming protruding pressure part in the center area of the foundation. [The invention of this case 007 is known to solve past problems of past technology, and the purpose of this invention is to form protruding pressure part in the center area below the center of the bottom of the foundation of the foundation of the invention, thereby forming protruding part in the central area above.

It is related to the high voltage and math function that can be effectively pressureed.