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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 June 21, 2016, the Plaintiff asserted that “the nonobviousness of the claim 1 through 10 of the instant patent invention can be easily claimed by a person who has ordinary knowledge in the field to which the invention pertains (hereinafter “ordinary technician”) pursuant to Prior Invention 1, 3, 4, and 5, and filed a petition for a trial to invalidate the registration of the instant patent invention with the Intellectual Property Tribunal on the grounds that the nonobviousness of the patent invention is denied. 2) The Intellectual Property Trial and Appeal Board reviewed the petition for a trial to invalidate the registration of the instant patent invention on the grounds that “the claim 1 through 10 of the instant patent invention is not denied by Prior Invention 1, 3, 4, or 5” on the grounds that “the nonobviousness of the claim 1 through 10 of the instant patent invention is not denied by Prior Invention 1, 4, or 5.”
나. 피고의 이 사건 특허발명(갑 제1, 3호증) 1) 발명의 명칭 : 비거리 감소율에 대한 보정을 제공하는 가상 골프 시뮬레이션 장치 및 방법 2) 출원일/ 등록일/ 등록번호 : 2010. 12. 31./ 2011. 4. 19./ 제1031432호 3) 청구범위 【청구항 1】페어웨이 영역 및 트러블 영역이 형성된 타격 매트에서 샷이 이루어짐에 따라 가상 골프 시뮬레이션이 이루어지도록 하는 가상 골프 시뮬레이션 장치에 있어서(이하 ‘구성요소 1-1’이라 한다
(ii) the so-called “conscing devices” (hereinafter referred to as the “conscing devices”) that reduce the view set on a string and cover the movement of a string golf machine.
(i) video processing devices that embody the crypt image of the Formula 1 (hereinafter referred to as “class 1-3”) with respect to the tractic image shown in a virtual golf course, as a result of the licensing made in the said licensing device;
(i) and control parts to adjust non-distances according to the tractic traculation in accordance with the tractic tractic traced in accordance with the geographical features of the location set on the above golf course, and the other traced in accordance with the tractic traced by the above licensing devices (hereinafter referred to as “the control parts”);