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(영문) 특허법원 2019.12.13 2018허7682
등록무효(특)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 23, 2017, the Plaintiff filed a petition with the Intellectual Property Tribunal for a trial on invalidation of a patent against the Defendant, who is the patentee of the instant patent invention, as indicated in paragraph (b) below, as to the claim 1 and 2 of the instant patent invention, and the patent claim 1 and 2 of the instant patent invention in the invalidation trial procedure are identical to the prior invention 1 of the instant lawsuit. The prior invention 2, 3, and 4 of the instant patent invention are identical to the prior invention 3, 4, and 5 of the instant lawsuit. Meanwhile, the prior invention 2 of the instant lawsuit submitted by the Plaintiff as the prior invention in the invalidation trial of the patent, but the Intellectual Property Tribunal asserted that the patent should be invalidated on the ground that the nonobviousness is denied by the prior invention. However, the Intellectual Property Tribunal dismissed the Plaintiff’s claim 1 and 2 of the instant patent invention on August 21, 2018 on the ground that it is difficult to recognize the prior invention as the prior invention.

B. The title of the patented invention of this case (A) 1: C2) filing date/registration date/registration number: D/ E/patentF 3: Defendant 4) claims 【 Claim No. 1 of this case 】 including Twit (20) in which the patented invention of this case (A. 1) contains one set of pages (a. 1) in which the patented invention of this case (A. 20) was loaded inside the claim No. 1 of this case (hereinafter “claim No. 10), which was withdrawn from the upper part of the claim No. 1 of this case (A. 10) to the upper part, and which was extended from the outer part of the above extension No. 1 to the outer part of the above extension (22), and the extension of the third part (23) and the extension of the above Part No. 23(23) to the outer part of the above extension (22).

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