1. The instant lawsuit shall be dismissed.

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

First, we examine whether the period of filing a lawsuit is expired or not.

1. The plaintiff's assertion

A. On March 31, 2017, the Korean Intellectual Property Trial and Appeal Board (2017Da332), seeking revocation of the instant filing of the lawsuit, submitted a certified copy of the instant petition on May 2, 2017, which was served on March 31, 2017 and 30 days thereafter.

B. However, comprehensively taking account of all the provisions such as Article 186(3) and (5) of the Patent Act, the case shall be deemed to continue to exist in the Patent Court from the time a certified copy of the trial decision was served to the patent court until the litigation for revoking the trial decision is instituted. As such, Article 14 subparag. 4 of the Patent Act, not Article 161 of the

In addition, in the patent law, the principle of filing a petition of appeal under the Civil Procedure Act does not apply to the filing of a lawsuit seeking revocation of a trial decision, and the designation of an additional period is also stipulated as the authority of the presiding judge of the Intellectual Property Tribunal, so the Civil Procedure Act shall not apply in relation to the calculation

C. Therefore, May 1, 2013 falls under the Workers' Day under the Designation of Workers' Day Act and the period for filing a lawsuit expires on May 2, 2013, which is the following day pursuant to Article 14 subparagraph 4 of the Patent Act. Thus, the instant lawsuit is lawful as being filed within the period for filing a lawsuit.

2. Whether the period for filing a lawsuit is observed;

A. Article 14 Subparag. 4 of the Patent Act provides that “If the last day of the period in the patent-related procedure falls on a holiday (including the Workers’ Day under the Designation of Workers’ Day Act and Saturdays), the period shall expire on the following day.”

According to Article 3(1) of the Patent Act, the procedure for patent refers to an application, request, and other procedures relating to a patent. Article 5(1) and (2) of the Patent Act provides a procedure for patent and an administrative agency's disposition upon an order under the Patent Act or the Patent Act.