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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. Basic facts
A. Name of the patented invention 1) invention: Date of filing of the temperature pressure error for urban gas measuring instruments with automatic inspection function / Date of filing / Registration / Registration : February 29, 2008 / 2008 / Claim No. 811239, Mar. 3, 2008 : Claim No. 4 at the time of registration: Claim No. 1: Claim No. 2017, Mar. 17, 2017 (attached Form 1; hereinafter the same shall apply) : Claim No. 2017, Mar. 17, 2017 (attached Form 2).
B. On July 10, 2015, the Plaintiffs against the Defendant on July 10, 2015, as the Intellectual Property Tribunal No. 2015Da3877, the Plaintiffs asserted that “The Claim 1, 2, 3, 5 through 16, and 18 through 25 of the instant patent invention (hereinafter “ordinary technician”) with respect to comparable invention 1 is an invention with respect to “an amendment device of flow” disclosed in the Japanese Patent Gazette No. 9-7271 on March 18, 197, which is published in the Patent Gazette No. 9-7271. The instant patent invention No. 2 is unlawful on the grounds that “the nonobviousness of the instant patent invention No. 10-204-105386,” the Defendant’s request for invalidation trial against the instant patent invention No. 261 to the Intellectual Property Tribunal for invalidation trial on the ground that the nonobviousness of the instant patent invention cannot be easily derived from the patent invention No. 261 to the instant patent invention No. 261.21.
3. On July 20, 2016, the Plaintiffs filed the instant lawsuit seeking the revocation of the instant trial decision, which was dissatisfied with the instant trial decision, and the Defendant on November 9, 2016, while the instant lawsuit was pending.