1. The plaintiff's claim is dismissed.

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

1. The Plaintiff’s assertion is the patentee of the patented invention related to “C” of the patent number B (the specific content is omitted; hereinafter “instant patented invention”). The Defendant produced and transferred double-flids applied to the patented invention, thereby infringing the Plaintiff’s patent right as to the instant patented invention.

Therefore, the defendant is obliged to pay 200,000,100 won to the plaintiff first as compensation for damages caused by patent infringement.

2. Determination

A. In fact, the Defendant filed a petition against the Plaintiff for an invalidation trial on the patent invention of the instant case as the Intellectual Property Tribunal No. 2017Da1111, and the Intellectual Property Trial and Appeal Board dismissed the Defendant’s petition on April 18, 2017.

On October 13, 2017, the Patent Court rendered a decision to revoke the trial decision, where the defendant filed a lawsuit for revocation under the Patent Court Decision No. 2017Heo3287, and the Patent Court rendered a decision to revoke the trial decision on October 13, 2017.

Supreme Court Decision 2017Hu2567 Decided February 13, 2018, when the Supreme Court dismissed the plaintiff's appeal on February 13, 2018, the decision of the Patent Court revoking the decision of the Patent Tribunal 2017Da1111 was finalized.

As the Korean Intellectual Property Tribunal's decision was revoked on March 11, 2017, the Korean Intellectual Property Tribunal re-examines the defendant's petition for a trial to invalidate the patent of the patented invention of this case under 2018Ma26 and rendered a trial decision on March 7, 2018 that "the patent of this case shall be invalidated"

(hereinafter “instant trial decision”). The Plaintiff filed a lawsuit for revocation as Patent Court Decision 2018Heo3895 against the instant trial decision, but the Plaintiff withdrawn the lawsuit on September 5, 2018, and the instant trial decision became final and conclusive with the Defendant consented to the withdrawal of the lawsuit following the following day.

[Reasons for Recognition] Evidence Nos. 2, 7, 10, Eul Nos. 2, 13, 14, 15, and 16, and the purport of the whole pleadings

(b) the decision that the patent should be invalidated has become final and conclusive.