The judgment below is reversed, and the lawsuit of this case is dismissed.

The total costs of litigation shall be borne individually by each party.

Judgment ex officio is made.

According to the records, in the instant trial seeking invalidation of the patent invention of this case (amended by the correction request of July 3, 2013 in the case of a patent number H and the Intellectual Property Tribunal’s invalidation trial on the registration invalidation trial of the patent invention of this case (amended by the correction request of July 3, 2013), and in the instant lawsuit seeking revocation of the trial decision, the plaintiffs’ claim was dismissed, and the Korean Intellectual Property Tribunal rendered a final and conclusive decision (2019 Party 172) that invalidated the patent of this case while continuing in the final and conclusive trial, and the said decision became final and conclusive on March 6, 2020.

As such, when a trial decision invalidating a patent becomes final and conclusive, the patent right is deemed to have never existed. As a result, the trial decision of this case on the non-existent patent becomes unlawful, but as long as the patent of this case becomes null and void, the Plaintiffs do not have any legal interest to seek the revocation of the trial decision, and thus, the lawsuit of this case became unlawful.

Therefore, the judgment of the court below is reversed, and this case is sufficient for the Supreme Court to directly judge.

The lawsuit of this case is dismissed, and the total cost of the lawsuit is assessed against each party. It is so decided as per Disposition by the assent of all participating Justices on the bench.