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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 April 8, 2014, the Plaintiff was publicly notified before the Intellectual Property Tribunal (the patented invention of this case was corrected twice as follows; the first registered invention prior to the first correction was referred to as “the patented invention prior to the correction of this case”) and thus newness has been lost or a person with ordinary knowledge in the art to which the invention pertains (hereinafter “ordinary technician”).
(2) The Defendant filed a petition for a trial for invalidation of registration (No. 2014Dang852) on the ground that the nonobviousness of the patent invention could be readily claimed from the preceding invention 1 through 4. The Defendant filed a petition for correction as described in the request for correction as of July 4, 2014 during the invalidation trial proceeding of the instant patent invention on July 4, 2014 (attached Form 1).
3) On September 23, 2014, the Korean Intellectual Property Tribunal recognized the Defendant’s request for correction, and rendered the instant trial ruling dismissing the Plaintiff’s request for a trial for invalidation of registration on the grounds that the corrected claim 1 through 18 cannot be deemed to have been known prior to the filing of the application, and that the nonobviousness is not denied. 4) Meanwhile, on July 3, 2015, the Defendant filed a petition for a trial for correction as stated in the correction trial ruling as of August 19, 2015 (attached Form 1) with the Korean Intellectual Property Tribunal under 2015No68, Jul. 3, 2015 (Attached Form 1) for a trial for correction as of August 19, 2015, the Korean Intellectual Property Tribunal rendered a trial ruling accepting the said request for correction trial on August 19, 2015, and the said trial ruling was finalized at that time.
(hereinafter referred to as the “instant patent invention,” which became final and conclusive by a corrective trial decision, B.
The name of the Defendant’s patented invention (No. 2, No. 4), No. 1: B (2) filing date/registration date/registration number: C/D/E3) major contents of the invention, claims, and drawings (attached Form 2).
C. Prior inventions 1.