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(영문) 특허법원 2019.03.08 2018허3901

등록무효(특)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Presumed factual basis

A. On February 20, 2017, the Defendant asserted that the nonobviousness of the claim 1, 2, 5, and 12 prior to the correction of the instant patent invention is denied, and the Plaintiff, the patentee, filed a petition against the Intellectual Property Trial and Appeal Board for a trial on invalidation of a patent on each of the above claims (hereinafter “instant petition for trial”).

(2) On April 20, 2017, the Plaintiff filed a request for correction to correct claims 1, 5, 12, and 13 of the instant patent invention during the aforementioned patent invalidation trial procedure, and to delete claims 2 (hereinafter “request for correction of this case”).

(2) On April 3, 2018, the Korean Intellectual Property Tribunal recognized the Plaintiff’s correction request of this case lawful, dismissed the part concerning the claim 2 of the instant patent invention among the Defendant’s instant petition for trial, cited the part regarding the claim 1 and 5 of the instant patent invention, and dismissed the remainder of the petition for trial.

Accordingly, the Plaintiff filed the instant lawsuit seeking revocation of the part regarding the claim 1 and 5 of the instant patent invention among the instant trial decision.

3) On June 11, 2018, where the instant lawsuit is pending, the Plaintiff filed a petition for correction trial to the effect that “the claim 1, 5, 12, and 13 of the instant patent invention is corrected, and the claim 2 is deleted,” as the Intellectual Property Tribunal 2018No. 59, and the Intellectual Property Tribunal filed a petition for correction trial to accept the petition on August 21, 2018 (hereinafter “instant correction trial decision”).

(B) The decision on the correction of this case was finalized at that time. (b) The name of the invention of this case (Evidence 11 of this case): D2) filing date/priority date/registration date/registration date/registration date: The patentee of this case: claims (as corrected by the final decision on the correction of this case) (as corrected by the final decision on the correction of this case, the part on which the bottom part was corrected is corrected).

【Request No. 1】 D. B. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L.-W. L. L. L. L. L. L. L. L. L.