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(영문) 특허법원 2016.11.11 2016허113
등록무효(실)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 11, 2014, the Defendant filed a petition for a trial on invalidation of the design of this case with the Intellectual Property Tribunal No. 2014Da1353, and “the claim 1 through 8 of the registered utility model of this case (hereinafter “the device of this case”) shall be submitted in the lawsuit of this case to the person with ordinary knowledge in the technical field prior to the filing of the petition for comparison 2 to 2 through 5 of the comparable device which was disclosed before the filing of the petition (hereinafter “ordinary technician”), and the claim 6 of the compared device of this case shall not be easily derived from the lawsuit of this case. As such, the inventive step may be denied.” The Plaintiff filed a petition for a trial on invalidation of the design of this case with the Patent Tribunal No. 3 of this case with the claim 1 and 5 of the device of this case, and the Patent Tribunal dismissed the claim of this case for correction and the correction request of this case No. 2154, Aug. 22, 2014.”

3. On January 8, 2016, the Plaintiff filed the instant lawsuit seeking revocation of the part concerning claims 5 and claims 6 through 8 of the instant device corrected by the said request for correction among the instant trial decision. On January 20, 2016, the Plaintiff filed a petition for correction trial to correct claims 5 through 8 of the instant device under the Patent Tribunal No. 2016, Jan. 20, 2016 as follows.

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