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1. The decision made by the Intellectual Property Tribunal on March 31, 2017 by the Intellectual Property Tribunal on a case No. 2016Da3722 is revoked.
2. The costs of lawsuit shall be.
Reasons
1. Basic facts
A. On November 24, 2016, the Defendant: (a) filed against the Plaintiff on November 24, 2016, the Plaintiff’s instant Claim 1 (hereinafter “instant Claim 1”) regarding the instant patent invention as indicated in paragraph (c) as follows: (b) the Plaintiff’s instant Claim 1 as indicated in paragraph (1) (hereinafter “instant Claim 1”).
2) On the other hand, the Plaintiff filed a petition for confirmation of the scope of right that falls under the scope of right. As to the invention subject to confirmation, the Plaintiff filed a petition for confirmation of the scope of right with comparable inventions 1 and 2 with the person having ordinary knowledge in the technical field to which the patent invention of this case pertains (hereinafter “ordinary technician”) as prior inventions 1, but the comparable inventions 2 did not submit the comparable inventions 2 as prior inventions.
Since it can easily be seen from the perspective, it was argued that it constitutes a free-to-work technology.
3) However, on March 31, 2017, the Intellectual Property Trial and Appeal Board rejected the Plaintiff’s assertion that the challenged invention is free license technology under comparable inventions 1 and 2, and rendered the instant trial ruling accepting the Defendant’s request on the ground that the challenged invention falls under the scope of the right to the instant Claim 1 invention. (b) The name of the instant patent invention (Evidence A No. 2 and 3) invention: the filing date of the instant patent invention 2) / the registration date / registration date / registration date / the registration date / the registration number : the patentee on February 16, 2013 (No. 10-140484, May 29, 2014): Defendant 4) invention constituted an automatic fire extinguishing machine equipped with the previous outline of the instant Claim 1 and 2, with an automatic operating device, with an independent fire extinguishing machine with an independent operating device / [10-10-170-10-17-20-17-17-17-20-4-10-4-4-17-2.