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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of each disposition;
A. The Plaintiff, a foundation established on January 9, 2003, is performing the duty of protecting patent rights, etc.
B. The Plaintiff is a patentee of 0626214 of the Patent Act (title of an invention: method of radio transmission and reception by multiple users using the beam beam of a multiple antenna and dump beam beam; date of application: February 12, 2004; date of registration: Sep. 13, 2006; hereinafter “first patent”) and 0584170 of the Patent Act (title of an invention: method of re-transmission of multi-transmission and detection of errors, filing date: date of application: the patentee of July 11, 2002; date of registration; May 22, 2006; hereinafter “second patent”); and other approximately 2,00 patents.
C. The Plaintiff paid a patent fee for the second patent on May 22, 2006 and paid the patent fee continuously after the grant of the patent was registered. However, in the case of the second patent fee for the ten-year period, the payment was not made during the ordinary payment period (from May 23, 2014 to May 22, 2015) and the late payment period (from May 23, 2015 to November 22, 2015).
On April 9, 2016, the defendant registered that the second patent was extinguished due to the payment of registration fee on May 23, 2015 in the patent ledger. D.
The Plaintiff paid a patent fee for the first patent on September 13, 2006 and paid the patent fee continuously after the patent establishment registration was made. However, in the case of the second-year patent fee, the payment was not made during the ordinary payment period (from September 13, 2014 to September 13, 2015) and the late payment period (from September 14, 2015 to March 13, 2016).
On August 9, 2016, the defendant registered that the first patent was extinguished due to the payment of registration fee on September 14, 2015 in the patent ledger.
E. On December 6, 2016, when the Plaintiff submitted a statement of payment of the annual patent fees Nos. 1 and 2 to the Defendant on December 6, 2016, the Plaintiff applied for the restoration of the patent rights of No. 1 and 2 (hereinafter “each of the instant applications”), but the Defendant paid the Plaintiff the registration fees on September 14, 2015 with respect to the first patent on September 7, 2015.