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(영문) 특허법원 2017.05.26 2017허189
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. The grounds for the instant trial decision are as follows: (1) A, a rehabilitation debtor company A (hereinafter “Rehabilitation company”).

(2) On December 3, 2012, the Patent Tribunal against the Defendants on December 3, 2012, set the name of the patent invention (patent registration number: No. 1183080, hereinafter “instant patent invention”) to be “the block for submarine use” and the Defendants’ patented invention to be the patentee.

) A person with ordinary knowledge in the technical field to which the invention pertains (hereinafter referred to as “ordinary engineer”).

(2) On August 23, 2013, the Intellectual Property Tribunal rendered a trial ruling dismissing the above request for a trial on invalidation of registration (hereinafter “instant trial ruling”) by asserting that the registration should be invalidated because it could easily be claimed by the prior inventions publicly known prior to the filing of the application, and that the registration should be invalidated.

3) On September 23, 2013, the rehabilitation company filed a lawsuit seeking revocation of the instant trial decision with the Patent Court (No. 2013Hu7779). On April 10, 2014, the Patent Court rendered a judgment citing the claim of the rehabilitation company on the ground that the instant trial decision was unlawful, since the rehabilitation company was recognized as not the rehabilitation company but the custodian B as the applicant entitled to file a petition for adjudication of the instant case at the time of the instant request for adjudication, but the court rendered a judgment citing the instant trial decision on the grounds that it was unlawful. (4) The Defendants filed a final appeal with the Supreme Court against the judgment prior to remand (No. 2014Hu713), and the Supreme Court rendered a final appeal on December 29, 2016, after taking measures to correct the party’s indication as the custodian, and concluded the pleadings without taking measures to confirm the party’s conclusion and revoked the instant trial decision, thereby misapprehending the legal principles on the legal principles on the legal principles and obligations of the parties.

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