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1. The Intellectual Property Tribunal shall revoke a trial decision in connection with a case No. 14512 dated April 22, 2016 by the Intellectual Property Tribunal;
2. The costs of the lawsuit shall be borne by the defendant;
Reasons
1. Basic facts
A. On September 10, 2015, the Plaintiff asserted against the Defendant that “The claim 1, 6, or 9 of the instant patent invention (hereinafter referred to as “claim 1 of the instant patent invention”) is substantially identical to the prior invention, and thus, newness is denied, or that a person with ordinary knowledge in the art to which the invention pertains (hereinafter referred to as “ordinary technician”) can easily make an invention by prior inventions, and thus the registration shall be invalidated, as the nonobviousness is denied,” the Plaintiff filed a petition for a trial to invalidate the instant patent invention (hereinafter referred to as “instant petition for a trial”).
(2) On April 22, 2016, the Korean Intellectual Property Tribunal rendered the instant trial ruling dismissing the Plaintiff’s instant appeal on the ground that “The instant inventions Nos. 1, 6, and 9 are not denied by prior inventions.”
B. The name of the Defendant’s patented invention (Evidence 2) invention of this case: The filing date/registration date/registration date/registration number of a metal cooling pressure control device 2): January 22, 2013; October 10, 2014; / 14518913; and the outline of the instant patented invention pertains to the device for human body skin management; and it is related to the metal cooling pressure control device that enables the skin to control the skin by cutting pressure (identification number / 001); pastly, the device that enables the skin to control the skin by cutting pressure into the skin developed / [number / [number / 00] is difficult to fully maintain the pressure of the skin, and the area of the skin procedure is narrow; and the efficiency of the skin is not properly transmitted to the skin / [number / [number / 200] of the patented invention in this case].
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