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1. The decision made by the Intellectual Property Tribunal on July 14, 2015 on the case shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Basic facts
A. (1) Prior to the filing of the instant lawsuit, the Defendant (the Defendant at the time of the filing of the instant lawsuit, but was partially divided on August 4, 2015, and completed the registration by establishing the Defendant litigant, and the Defendant litigant succeeded to the rights and obligations regarding the instant lawsuit seeking revocation of the trial decision.
hereinafter referred to as the "Defendant" at the bar regardless of whether before or after the taking over of the lawsuit.
(2) On March 3, 2015, the Intellectual Property Tribunal filed a claim against the Plaintiff, a patentee, to the effect that the challenged invention does not fall under the scope of the Plaintiff’s patent invention’s patent claim 1 (hereinafter “instant Claim 1,” and the remainder of the claims are identical in the same manner). (2) On June 23, 2015, the Defendant submitted an amendment to the written request for a trial, etc. and amended the description and drawings of the challenged invention as shown in [attached Form].
3) After examining the instant case as 2015No. 675, the Intellectual Property Tribunal rendered the instant trial ruling citing the Defendant’s request on July 14, 2015 on the ground that the challenged invention does not fall under the scope of the right to the instant Claim No. 1. (b) The Plaintiff’s name of the instant patented invention (Evidence No. 2). The Plaintiff’s patent invention’s name: the date of application of the separate lid type 2)/registration date/registration number: the instant patented invention’s summary on June 13, 2007 (Patent No. 878255, Jan. 6, 2007) is an electrical pressure for the prevention of safety accidents by preventing the operation of the kitchen in a separate lided lid from an electrical pressure instrument (refer to the lid number No. 18, 18, 2015). The purpose of the instant patent invention is to manage the instant lid type in a sanitary situation where it can be separated from the lid.