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(영문) 특허법원 2015.06.18 2014허5626
등록무효(특)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 2, 2013, the Plaintiff: (a) against the Defendant, the patentee, the Patent Tribunal; and (b) on August 2, 2013, the Plaintiff is called the “ordinary technician” of the person having ordinary knowledge in the relevant technical field (hereinafter “the patented invention”).

(2) On November 22, 2013 where the aforementioned trial proceedings were pending, the Defendant filed a petition for correction to delete the claim 1 of the instant patent invention and adjust the claim 2 to an independent claim 2, by asserting that the nonobviousness is denied. (2) The Defendant filed a petition for correction on November 22, 2013 where the instant trial proceedings were pending.

(B) The Korean Intellectual Property Tribunal recognized the correction on July 10, 2014, and dismissed the request for adjudication on the invalidation of the Plaintiff’s patent registration on the ground that the nonobviousness of the invention in question is not denied by prior invention 1 or 6. (b) The name of the Defendant’s patented invention (Evidence 2) invention in this case: the filing date of the application / the application number of the application 2: the filing date of the full sealing 10-205-09-233) and the application number of the amendment invention in this case; 3) the Korean Intellectual Property Tribunal dismissed the request for adjudication on the invalidation of the Plaintiff’s patent registration on the grounds that the invalidation of the invention in this case is not denied by a person with ordinary skills. (c) The name of the invention in this case (Evidence 2) in this case: the defendant’s patented invention in this case: the filing date of the correction invention in this case; the registration date of the correction in the front sealing 10-105-209-43333 of the full sealing /46 of the invention in this case’s.

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