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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Case summary
A. 1) On October 28, 2015, the Defendant’s name against the Plaintiff on the Intellectual Property Tribunal on the ground that “The Internet banking control method to prevent domains and the OTPP used therefor: An OTP device: a patent invention (registration number: No. 835260, patentee: the Plaintiff, and the instant patent invention”, “a device to operate the OTP algorithm by using virtual variables and fixed variables entered.”
2) Claim 2 (hereinafter “ Claim 2”)
(2) On May 23, 2016, the Intellectual Property Tribunal accepted the Defendant’s claim for the said invalidation trial and rendered a trial decision that the instant Claim 2 invention should be invalidated (hereinafter “instant trial decision”).
B. The filing date/registration date of the instant patent invention (A evidence 2) 1: November 6, 2007 / May 29, 2008) the user of the instant patent invention (i.e., the name, the transfer number, the amount of transfer, and the OTP number) of the information transferred from the transfer screen (the name, the transfer number, the transfer amount) to the financial server at the time of Internet banking; (ii) the Internet banking control method including the Internet banking control method to transmit the information; (iii) the error (OTP) number, which the user enters at the above transfer information transmission phase, is characterized by the time information and the prevention information from hacking as the variable variable, and (iv) the above hacking prevention information is characterized by the whole or part of the transfer account number (hereinafter referred to as “three components”).
1) Prior inventions 1 (Prior Inventions 5, 1, 2007-97874, published on October 5, 2007, the prior inventions described by the Defendant as the ground of invalidation, are mobile communications.