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(영문) 대법원 2014.07.10 2014다24457
특허권침해금지
Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined.

1. According to the records as to the ground of appeal No. 1, on May 9, 2014, which was after the decision of the court below was rendered upon the plaintiff's request for a correction trial, a correction decision was made on May 9, 2014, which added a part of the composition of the claim No. 707547 (hereinafter "claim No. 4") of the patented invention of this case (patent No. 707547), and the decision became final and conclusive on May 12, 2014. Thus, the Claim No. 4 invention of this case should be deemed to have been registered by the specification after the correction was made pursuant to Article 136(8) of the Patent Act.

Therefore, the judgment of the court below that deliberated and judged the validity of the Plaintiff’s claim based on the patent right of the instant Claim No. 4 prior to its correction cannot be maintained any longer due to the grounds for retrial under Article 451(1)8 of the Civil Procedure Act.

2. In a case where the plaintiff appealed against the judgment of the appellate court that dismissed several selective claims joined in conclusion, the court of final appeal should reverse the original judgment in its entirety when the court of final appeal recognizes that some of the selective claims were reasonable.

(2) In light of the aforementioned legal principles, the lower court’s judgment that dismissed all the claims of the Plaintiff selectedly joined without examining the remaining grounds of appeal is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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