1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against the defendant.

1. On October 25, 2017, the Plaintiff filed a claim against the Defendant for a trial to confirm the scope of a patent right, alleging that the Plaintiff did not fall under the scope of the right of the instant patent invention (name of the invention: C; (2) filing date/registration date/registration number; D/E/F; and (3) patentees: Defendant).

(2017No. 3379). On August 31, 2018, the Korean Intellectual Property Trial and Appeal Board partially accepted the Plaintiff’s appeal (the part concerning the claim(s)(s) and the remainder (the part concerning the claim(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(13)(s)(s)(

2. Whether the lawsuit is lawful;

A. Since the purpose of a claim for a trial to confirm the scope of a patent right is to determine the existing scope of the patent right, if the patent is invalidated, the benefit to seek a confirmation of the scope of the patent is lost.

(See Supreme Court Decision 2002Hu2600 delivered on August 22, 2003, etc.). B.

On October 25, 2017, the Plaintiff filed a petition for a trial to invalidate the patented invention of this case against the Defendant (2017Da3377), but the Intellectual Property Tribunal rendered a decision to reject the Plaintiff’s petition for a trial to invalidate the patent of this case on August 31, 2018.

Accordingly, the Plaintiff was dissatisfied (2018Heo8166). The Patent Court of Korea accepted the Plaintiff’s claim on September 20, 2019 and rendered a decision to revoke the said trial decision. This decision became final and conclusive on October 8, 2019.

(3) On October 31, 2019, the Korean Intellectual Property Tribunal rendered a decision to invalidate the patent of the patented invention (claim 1) ( Claim 1) of this case on the same ground as the decision to revoke the above decision of the Patent Court on October 31, 2019, and the decision to invalidate the patent of this case became final and conclusive on December 14, 2019.

C. If a trial decision invalidating a patent for the foregoing reason becomes final and conclusive, the patent right shall begin with the beginning.