1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 19, 2015, the Plaintiff tried on January 19, 2015 with the Defendant who is a patentee, and on June 26, 2015, “the invention subject to confirmation is legitimate, but the invention subject to confirmation falls under the free implementation technology that can be easily implemented from the prior invention by a person with ordinary knowledge in the art to which the invention pertains (hereinafter “ordinary technician”), and does not fall under the scope of rights of the claim 3 of the instant patent invention.” “The claim for a trial to confirm the scope of rights of the instant patent invention was filed on the ground that the said request for trial was pending, and the invention subject to confirmation was revised as in attached Form 3] on May 12, 2015 when the said request for trial was pending, and on June 26, 2015, the Patent Tribunal dismissed the Plaintiff’s claim of this case on the ground that “the invention subject to confirmation contains the Plaintiff’s request for trial on the ground that the ordinary technician could not easily be seen by the prior invention.”

3) The Plaintiff dissatisfied with this and filed a lawsuit seeking revocation of the instant trial decision in the Patent Court, and the Patent Court deliberated on it as 2015Heo4842, and on January 15, 2016, rendered a judgment dismissing the Plaintiff’s claim on the ground that “the invention subject to confirmation does not constitute a free implementation technology that can be easily implemented from the preceding invention, and the invention subject to confirmation falls within the scope of the right of claim 3 of the instant patent invention (hereinafter referred to as “judgment of transmission”).”

4) The Plaintiff appealed to this and filed an appeal with the Supreme Court Decision 2016Hu298.

However, in the case of a registration invalidation trial against the Intellectual Property Trial and Appeal Board No. 2014Da2810 against the Plaintiff’s claim 3 of the instant patent invention filed against the Defendant, the Defendant set forth the above claim 3 claims.

-.