1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 30, 2014, the defendant filed against the plaintiff on September 30, 2014, "The claim 1 through 14, and 17 of the patented invention of this case do not include the pharmacological effect in relation to the invention for the use of a medicine using the Mestan Mesium and amlodine bedylate as effective ingredients. A person with ordinary knowledge in the art to which the invention pertains (hereinafter referred to as "ordinary technician") can easily make an invention through a combination of prior inventions 1 and 2, and its nonobviousness should be invalidated." On the ground that the Intellectual Property Trial and Appeal Board filed a petition for a invalidation trial on each of the above claims, on April 6, 2015, the plaintiff filed a petition for a invalidation trial on the patent invention of this case with the Intellectual Property Tribunal on April 6, 2015:

- As described in paragraph 5, the correction was made to correct “including only the component (A) and (B)” as “containing the component (A) and component (B) as an effective component” (hereinafter “the correction invention of this case as a result of the correction request of this case”) and “the corrected claim” as “the corrected claim of this case.”

(3) The Intellectual Property Trial and Appeal Board held the foregoing case and the request for correction together, and on July 7, 2015, “the Plaintiff’s content of the request for correction on April 6, 2015 meets all the requirements for correction, and is lawful. Claim 1 through 14, and 17 of the instant corrected invention are denied by a combination of Prior Invention 1 or 1 and 2.” The nonobviousness of the instant request for adjudication was denied by the Defendant’s acceptance of the said request for adjudication on the grounds of “the instant decision was rendered by the Defendant.”

B. The title of the patented invention (Evidence 2) invention of this case: the priority claim date/international filing date/international filing date/registration date/registration number for the purpose of preventing and treating the cryposis and high blood pressure symptoms 2) / international filing date/international filing date/international filing date/registration number: January 31, 2003 and February 7, 2003/ January 29, 2004/ October 18, 2012 and subparagraph 3 of Article 114453.