2012Hu3695 (Special Provisions) Nullification of Registration

Co., Ltd.

Attorney Lee In-bok et al.

El branch Life Health Co., Ltd.

Law Firm B

Patent Court Decision 201Heo1057 decided October 19, 2012

March 28, 2013

The appeal is dismissed.

The costs of appeal are assessed against the Defendant.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Examining the reasoning of the lower judgment in light of the record, the lower court’s claim (Patent Tribunal No. 808454) of the patent invention of this case (Patent Number No. 808454) named “low-to temperature functional test (Patent Tribunal No. 2012).

8.3. Paragraphs (1) through (10) of the same Article (amended by a trial decision No. 2012No. 53) are justifiable to have determined that the nonobviousness is denied in a case where an objection with ordinary knowledge in the art to which the invention pertains is easily usable from the comparable inventions as indicated in the judgment of the court below, and contrary to the allegations in the grounds of appeal, there are no errors in the misapprehension of legal principles on the determination of inventive step

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Ko Young-han

Jeju High Court Justice Yang Chang-soo

Justices Park Byung-hee

Justices Kim Jae-tae