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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. On August 23, 2004, under the Patent Act No. 446588, the summary of the facts charged, the injured party Ecuabbbane ELC (hereinafter “victim Company”) completed the patent registration of the instant patent invention as to the ec-mail and e-mail buffer part invention for physical use (hereinafter “instant patent invention”).
On August 4, 2006, the Defendant, while being well aware of such circumstances, filed an application with the Defendant for a patent of a product of the name F, which imitates almost all buffers the buffers of the shot board, among the elements set forth in the patent claims of the instant patent invention, such as the extension of the establishment and use of the shot board, and the buffers of the athletes, and completed patent registration on October 19, 2006, and then produced and sold the H’s trade name from around 2007 to July 2012, thereby infringing the Defendant’s patent right.
2. Determination:
A. According to the evidence evidence evidence Nos. 1 through 3 submitted by the defendant, among the patented inventions in this case of the victim company, part of buffers that buffer the part of the plate for the establishment and use of the D, and the part of the patent application No. 4658 of the patent application No. 446588, which provides that the Patent Tribunal becomes null and void in accordance with the trial decision No. 2013 decided Nov. 28, 2013 (Revocation of Judgment), and the above trial decision becomes final and conclusive on December 31, 2013.
B. The main text of Article 133(3) of the Patent Act provides that "if a trial decision invalidating a patent has become final and conclusive, the patent right shall be deemed not to have existed from the beginning." The patent right shall be retroactively invalidated by the final and conclusive decision of invalidation of the patent, and the patent right shall be deemed to have become final and conclusive by the final and conclusive decision of invalidation of the patent, and as such, the patent of a buffer part that buffers the supbuffer part of the composition of the patent claim of this case, among the elements stated in the patent application of this case, the patent right of this case shall be deemed to have become retroactively invalidated. Thus, the facts charged in this case, on the premise that the patent registration of the injured company is valid, shall not constitute a