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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 25, 2017, the Plaintiff claimed a trial for invalidation of registration against the Defendant on September 25, 2017, and filed a trial for invalidation of registration with the Intellectual Property Tribunal, “The instant Claims 1 and 3 inventions are as prior inventions 1 through 3 of the judgment prior to the judgment prior to the case’s remanding the invention in the art to which the invention pertains (hereinafter “ordinary technician”) by a person with ordinary knowledge in the art to which the invention pertains; hereinafter the same shall apply. In addition, the nonobviousness is denied on the ground that the invention can be easily described by means of prior inventions 1 through 3. The Korean Intellectual Property Tribunal deliberated on the instant Claim as 2017Da3045, and tried on January 31, 2018 by the Intellectual Property Tribunal, and dismissed the Plaintiff’s trial decision (hereinafter “instant trial decision”).
(2) The Plaintiff filed a lawsuit seeking the revocation of the above trial decision with the Patent Court (Evidence A 3) and filed an additional claim 4 through 7 of the prior invention, and asserted that the nonobviousness of the prior invention 1 and 3 of this case is denied by a combination of the prior invention 1 and 2 or the prior invention 3 and 4 by a person with ordinary skills.
After examining the instant case as 2018Heo2502, the Patent Court rendered a judgment prior to the remanding of the instant case, on September 13, 2018, on the following grounds: “The nonobviousness of the instant Claims 1 and 3 is denied by prior inventions 3 and 4.”
3) The Defendant appealed against the above judgment and filed a final appeal with the Supreme Court. The Supreme Court rendered a judgment prior to remanding the instant case on June 13, 2019, on the ground that “The nonobviousness of the First and Three Inventions in the instant case is not denied by prior inventions 3 and 4,” and rendered a judgment to reverse the judgment and to remand the instant case to this court. B. The Plaintiff’s title of the instant patent invention (Evidence A 2) invention: C2 filing date/registration date/registration number: D/E/patent F technology-related invention.