1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. 1) The Plaintiff filed a patent application with the Korean Intellectual Property Office as the Plaintiff for the invention related to “C” (the patent application number D; hereinafter referred to as “instant earlier application”) on the date B, with the inventor as the Plaintiff (the patent application number D; hereinafter referred to as “instant earlier application”).

(2) The publication of the earlier application was made on the Eth day.

3) On July 6, 2016, the Korean Intellectual Property Office examiner notified the Plaintiff of the grounds for rejection that the nonobviousness is denied, and granted the time limit for submission of opinions by September 6, 2016. (4) However, the Plaintiff did not submit a written opinion or amendment by the said time limit for submission of opinions, and the Korean Intellectual Property Office examiner decided to reject the patent application on September 19, 2016 after final examination.

5) As to the above decision of refusal to grant a patent, the Plaintiff was not dissatisfied with and became final and conclusive as is. (B) F filed a patent application for the instant later application, patent registration, and patent invalidation trial decision 1) with the KIPO as the inventor F and I for the invention related to H (hereinafter “instant later application”) at the KIPO as of the date, and received the registration of the K-date patent.

(Registration Number L) On September 11, 2017, M filed a petition for an invalidation trial with the Intellectual Property Trial and Appeal Board No. 2017Da2896 on September 18, 2017 on the instant later-application invention, and the pre-announcement registration was made on September 18, 2017.