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1. The decision made by the Intellectual Property Tribunal on June 14, 2016 (No. 2015Da5719) is revoked.
2. The costs of lawsuit shall be.
Reasons
1. Basic facts
A. On December 24, 2015, the Plaintiff filed a motion against the Defendant to confirm the scope of right of the Plaintiff’s patent registration number B (hereinafter “instant Claim 1”) that the Defendant’s challenged invention falls under the scope of the Plaintiff’s patent registration number B patent claim 1 (hereinafter “instant Claim 1”).
(2) On June 14, 2016, the Korean Intellectual Property Trial and Appeal Board dismissed the instant request for a trial on the ground that “the invention subject to a confirmation was lawfully specified, but some of the elements of the instant Claim No. 1 are not identical to those of the elements of the instant Claim No. 1, and the corresponding corresponding elements of the invention are not in an equal relationship, and thus does not fall under the scope of the right to the instant Claim No. 1 (hereinafter “instant trial decision”).”
B. The title of the invention of this case: C filing date/registration date//B patentee: The patent invention of this case, which is the summary of the Plaintiff’s invention, is about the operating environment recording device of the automobile, provided that the Plaintiff’s invention is equipped with a camera for video photographing and stored in the recording medium by converting the surrounding video information taken in this camera into digital signal, and that recorded video information can be reproduced by using separate visual reproduction device by downloading it in the monitor or separating the recording medium.
(A) Claims Nos. 3 and 2 : 【Claims Nos. 1” consisting of at least two parts loaded on a motor vehicle, and is printed out in the above-mentioned division processing division that allows the video signals taken by the above-mentioned camera to be displayed in installments on one screen in order to simultaneously photograph the front, front, left and right side of the motor vehicle, and front and rear side of the motor vehicle (hereinafter “class Nos. 1”), and the front and right side of the motor vehicle.