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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 March 8, 2019, the Defendant filed a claim against the Plaintiff, the patentee of the instant patent invention, as indicated in the foregoing paragraph (b) with the Intellectual Property Tribunal on March 8, 2019, stating that “The claim 1 prior to the correction of the instant patent invention, prior to the correction, constitutes prior inventions 1 through 4 in comparable Invention 1 or in the instant trial decision, which is rendered by a person with ordinary knowledge in the art to which the invention pertains (hereinafter “ordinary technician”), may easily make an invention by comparison 1 or comparable Invention 1 or 4. As such, non-obviousness is denied. The claim 2 prior to the correction of the instant patent invention, prior to the correction, may be easily made by an ordinary technician by comparison 1 or 2, or by comparison 1 or 4, and thus, the nonobviousness is denied.” The Plaintiff filed a claim for invalidation trial (No. 2019Da80606, May 17, 2019) against the claim 1 or 2 prior to the correction of the instant patent invention.
-4) A correction request with the content of correction as described in paragraph (4) (hereinafter “instant correction request”).
(3) On August 14, 2019, the Korean Intellectual Property Tribunal recognized the correction of the instant patent invention on the ground that “The instant request for correction is lawful. Claim 1 after the correction of the instant patent invention was made based on Cited Invention 1, and Claim 2 after the correction is denied by Cited Invention 1 and Claim 2 after the correction is made by Cited Invention 1 and Claim 2.” The instant trial ruling citing the Defendant’s entire request for adjudication was rendered.
B. The name of the invention of this case (Evidence 2) 1: C2) filing date/registration date/registration date: D/E/F3: The holder of the right: Plaintiff 4) with respect to an electric cable used in one distribution line after the correction of the claims, the co-air floor consisting of one or more wires covering a smoke material; and the co-air floor at which the outside of the above co-air story was reduced into a smoke tape; and the above studio.