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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff’s assertion is that Defendant D Co., Ltd. produces and sells liquid display cards, including video correction circuits, within the scope of the Plaintiff’s right to claim 4 (hereinafter “instant patent invention”) of the Plaintiff’s registration number EF, G, and H invention (hereinafter “instant patent invention”) and selling them to Defendant C Co., Ltd.; and that Defendant C Co., Ltd’s act of manufacturing and selling liquid display cards purchased from Defendant D Co., Ltd. to TV products on the ground that it infringes the Plaintiff’s patent right to the instant patent invention, such as the prohibition of infringement, destruction of infringed products, and compensation for damages as stated in the Plaintiff’s claim.
B. The following facts can be acknowledged in full view of the respective descriptions of Gap evidence Nos. 2, 3, and 14-1, 2, and Eul evidence Nos. 3 through 6 and the purport of the whole arguments.
1) On August 11, 2017, the Defendants filed a petition with the Intellectual Property Tribunal for a invalidation trial against the Plaintiff on the instant patent invention under the Intellectual Property Tribunal No. 2017Da2541. (2) On January 31, 2018, the Intellectual Property Tribunal rendered a trial ruling that the instant patent invention ought to be invalidated on the ground that the nonobviousness is denied by the prior invention.
3) On March 12, 2018, the Plaintiff filed a petition for correction trial to correct the claims of the instant patent invention under the Intellectual Property Tribunal No. 2018No27, but the Intellectual Property Tribunal rendered a trial ruling dismissing the Plaintiff’s petition for correction trial on September 11, 2018, and the trial ruling became final and conclusive around that time. 4) Meanwhile, the Plaintiff filed a lawsuit against the Defendant under the Patent Court No. 2018No. 2086 against the Patent Court seeking revocation of the trial ruling No. 2017No. 2541, the Patent Court dismissed the Plaintiff’s claim on January 10, 2019, and the said judgment became final and conclusive as is on February 1, 2019.
C. The main sentence of Article 133(3) of the Patent Act is to invalidate a "patent."