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(영문) 특허법원 2020.03.20 2019허8071
등록무효(특)
Text

1. The decision made by the Intellectual Property Tribunal on October 30, 2017 by the Intellectual Property Tribunal on a case No. 1540 shall be revoked.

2. The total cost of the lawsuit.

Reasons

1. Basic facts

A. On May 17, 2017, the Plaintiff filed a petition against the Defendant, the patentee of the instant patent invention, for a trial on invalidation of the entire claim of the instant patent invention under the Intellectual Property Trial and Appeal Board No. 2017Da1540 (hereinafter “instant petition for a trial on invalidation”) (hereinafter “instant petition for a trial on invalidation”).

(2) On August 29, 2017, the Defendant filed a request for correction of the claim 1 of the instant patent invention as described in Paragraph (b) below (hereinafter “instant request for correction”), and the Korean Intellectual Property Tribunal rejected the instant request for correction on October 30, 2017, “The instant request for correction is lawful.” The instant request for correction is deemed lawful. The instant request for correction was filed on April 27, 199 by the Plaintiff’s refusal to submit the instant request for correction on the grounds that the instant request for correction was published in No. 11-11601, and “the instant request for correction” and “the instant request for correction was published in No. 375, Dec. 13, 2017; the instant request for correction was published in No. 4; and the Plaintiff’s request for correction was published on Apr. 27, 1999 on the grounds that the instant request for correction was published in No. 11601, Apr. 27, 1999.”

(hereinafter “instant trial decision”). 3 On November 29, 2017, the Plaintiff filed a lawsuit against the Defendant seeking the revocation of the instant trial decision under the Patent Court No. 2017Heo8046, the Patent Court of Korea (hereinafter “instant trial decision”). Before remand, the instant trial was rendered on July 26, 2018, the corrective inventions in paragraphs 1 and 3 of the instant case are as follows.

(b).

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