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(영문) 특허법원 2019.05.17 2018허4669
등록무효(특)
Text

1. The decision made by the Intellectual Property Tribunal on May 8, 2018 on the case No. 1311 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Presumed factual basis

A. On April 26, 2017, the Defendant filed a patent invalidation trial (No. 1311) against the Plaintiff, the patentee of the instant patent invention, as indicated in the Intellectual Property Tribunal (hereinafter referred to as the “Patent Tribunal”) on April 26, 2017, stating that “The claim 8 and 14 prior to the correction of the instant patent invention, are the same as prior inventions 1, 2, and 3, submitted in the instant lawsuit by comparable invention 1, 2, and 3 (hereinafter referred to as “ordinary technician”), and filed a claim for a correction trial against the claim 8 and 14 prior to the correction (No. 2, 2017) of the instant patent invention, on October 23, 2017, the Defendant corrected the detailed description of the instant patent invention and claims 8, and 14 as indicated in the attached Table (hereinafter referred to as “instant correction request”).

3) On May 8, 2018, the Intellectual Property Tribunal recognized the instant request for correction as lawful, and recognized that the instant request for correction was rendered by the Defendant on the ground that “the nonobviousness of the instant claim 8, 14 after the correction of the instant patent invention is denied by Cited Invention 1, 2, and 3.” B. The name of the instant patent invention (Evidence A through 4) invention: C2; the filing date of the original application (international filing date); the filing date of the divisional application (Korean translation filing date); the filing date of the first right/registration date; the filing date of August 20, 204: Plaintiff 4; Plaintiff 8) at the time of registration; the claim scope of the instant request for correction; and at least the number of applicants are extended to the open location and the open location of the said part of the instant patent invention; at least one of the aforementioned applicants is to be supported by the number of applicants 1.

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