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(영문) 특허법원 2019.06.27 2019허1605
등록무효(특)
Text

1. The decision made by the Intellectual Property Tribunal on December 27, 2018 by the Intellectual Property Tribunal on the case No. 2860 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On September 6, 2017, the Defendants filed a petition with the Intellectual Property Tribunal for a trial on invalidation of a patent under each of the above claims (hereinafter referred to as “instant petition for trial”) with the Intellectual Property Tribunal No. 2017Da2860 against the Plaintiff, the patentee, claiming that the patent claim prior to the correction of the instant patent invention, as described in paragraph (b), is identical to the invention described in the specification or drawings of the earlier application, and subsequently made public.

(2) On December 13, 2017, the Plaintiff filed a request for correction of the claim 1 of the instant patent invention during the patent invalidation trial procedure (hereinafter “instant request for correction”).

(2) On December 27, 2018, the Korean Intellectual Property Tribunal recognized the Plaintiff’s correction request lawful, and rendered a trial decision invalidating the patent of the instant patent invention on the ground that the entire claim of the instant patent invention is identical to the invention described in the specification or drawings of an earlier application.

Accordingly, the Plaintiff filed the instant lawsuit seeking the revocation of the instant trial decision.

B. The title of the invention of this case (A) 1: D2) filing date/registration date/registration number: E/F/patent G3): The patentee: the Plaintiff’s claim (the instant request for correction) 4 (hereinafter referred to as “requirements 1”); 【 Claim 1”; The source location for power source (hereinafter referred to as “class 2”); the source of power source converting all the exchange supplied under the condition of the above location of the power source into the current current (ON/OF) ; the source name (hereinafter referred to as “class 3”); the source of power source converting all the exchange supplied under the above location of the power source into the current current; the source of power source (hereinafter referred to as “class 4”); the charge of direct current under the condition of the power source (ON) is connected to the above part; and the charge is connected to the above part (hereinafter referred to as “the above elements”); and the location of the electric source.

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