beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Presumed factual basis
A. On April 28, 2017, the Defendant filed a petition for registration invalidation trial (No. 2017Da1351) against the instant patent invention with the Intellectual Property Tribunal against the Plaintiff, stating that “The nonobviousness of the instant patent invention is denied since a person with ordinary knowledge in the art to which the invention pertains (hereinafter referred to as “ordinary technician”) can easily derive from the preceding invention.” On August 4, 2017, the Plaintiff filed a petition for registration invalidation trial against the instant patent invention (No. 2017Da1351).
(4) As described in paragraph (4), the correction of the claims of the patented invention of this case (hereinafter “instant correction request”).
(3) On October 31, 2017, the Korean Intellectual Property Trial and Appeal Board recognized the instant request for correction as lawful, and rendered the instant trial ruling citing the Defendant’s petition for invalidation of registration on the ground that “the nonobviousness of the instant patent invention is denied by prior inventions” was “the nonobviousness of the instant patent invention is denied by prior inventions.”
B. The name of the invention of this case (No. 2, 3, 4) 1: 2) the filing date of the divisional application/original/registration date/registration number: The filing date of the patent application of this case (No. 14689313: Nov. 28, 2014; 4) at the time of registration : 1) the claims as at the time of registration : (a) the patent right claim as at the time of registration : (b) the patent right of this case (No. 1); (c) the patent right of this case (No. 2, 3, and 4) ; (d) the patent right of this case (No. 2, 2013) ; (e) the patent right of this case (No. 2, 3, and 4) ; (e) the patent right of this case ; (e) the patent right of this case ; (e) the patent right of this case ; and (e) the patent right of this case ; (v. 4) the patent right of this case (f.