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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On December 2, 2014, the Plaintiff filed a motion against the Defendant to confirm the scope of right of the instant patent invention under the Patent Tribunal No. 2014Da3076, and the Defendant’s motion to confirm the scope of right of the instant patent invention under the attached Table 1.
However, on July 23, 2015, the Korean Intellectual Property Trial and Appeal Board rendered a trial decision to dismiss the plaintiff's request for a trial on the ground that the plaintiff's request for a trial is unlawful since there are no reasonable grounds to believe that the plaintiff's request for a specific invention subject to confirmation was conducted not only by the defendant but also by the defendant.
[Evidence] Each entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. The claim for the confirmation of the scope of a patent right is intended to determine the scope of the existing patent right. As such, once the patent right legally occurred, the benefit to seek the confirmation of the scope of the patent right is lost after the patent right is extinguished.
(1) The Supreme Court Decision 201Hu2241 Decided October 15, 2009 (see, e.g., Supreme Court Decision 2009Hu2241, Oct. 15, 2009). Therefore, even if a patent exists at the time of filing a lawsuit to confirm the scope of a patent right and at the time of the filing of the lawsuit to revoke the trial decision, if the patent right in the course of the lawsuit to revoke
However, according to the purport of Gap evidence No. 2 and all pleadings, the patented invention of this case is recognized to have expired on October 25, 2015, where the lawsuit of this case was pending, due to the expiration of its patent term. In light of the above legal principles, the lawsuit of this case is unlawful because there is no legal interest to seek the revocation of the trial decision stated in the purport of this case.
The defendant's assertion pointing this out is with merit.