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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 29, 2016, the Defendant filed a claim against the patentee of the instant patent invention on September 29, 2016, and filed a claim against the Intellectual Property Tribunal for a trial to confirm the scope of patent rights, and the invention in question being conducted by the Defendant is the claim 1 through 4 of the instant patent invention (hereinafter “instant Claim 1”).
2) On February 15, 2017, the Intellectual Property Trial and Appeal Board rendered a trial ruling accepting the above request for a trial (hereinafter “instant trial ruling”) on the ground that the invention subject to confirmation does not fall under the scope of the right of the instant claim for a trial on the grounds that it does not fall under the scope of the right of the instant claim for a trial.
The Defendant filed a trial for invalidation of the instant patent invention on September 29, 2016. The Plaintiff et al. filed a trial for invalidation of the patent application on December 28, 2016, and the patentees, et al. filed a petition for rectification of the claim 1 of the instant patent invention and deletion of claims 2 through 4. The Intellectual Property Tribunal deliberated on the petition as 2016Da3011 and tried on February 15, 2017, and rendered a trial ruling accepting the Defendant’s petition for invalidation on the ground that the nonobviousness of the instant patent invention is denied by prior inventions.
Accordingly, the Plaintiff filed a lawsuit seeking revocation of the decision by the Patent Court No. 2017Heo1922, but the Patent Court rendered a decision dismissing the Plaintiff’s claim on August 11, 2017.
B. The name of the invention of this case (Evidence 2) 1: B) filing date/registration date/registration number: C/D/E3: The patentee of the patent claim of this case 1) : The construction method of the shot beam of the claim 1 (s) and the shot beam of the concrete panel (20) produced by combining the plaintiff, the corporation F/L 4 with the shot beam of the claim 1 (s) and the shot beam of the concrete panel (20) (hereinafter referred to as the "shot beam of the constituent elements 1") , and the fritha concrete panel (20) 1) . The neutral axis of the frithath concrete panel (20) or the lower part below.