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1. The decision made by the Intellectual Property Tribunal on November 23, 2015 on the case shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Basic facts
A. On May 20, 2015, the Defendant filed a motion with the Intellectual Property Tribunal for a passive trial to confirm that the challenged invention does not fall under the scope of the right of the claim 1 through 3, and 5 through 8 (hereinafter “ Claim 1 of the instant patent invention,” and the remainder of the claims are identical in the same manner) of the instant patent invention. (2) On October 20, 2015, the Defendant revised the challenged invention on November 3, 2015, and November 9, 2015.
3) After the Intellectual Property Tribunal examines the instant case as 2015No. 3251, Nov. 23, 2015, the summary of the challenged invention was not changed by the amendment, and the instant trial ruling citing the Defendant’s request was rendered on the grounds that the challenged invention does not fall under the scope of the right to the instant inventions. B. The Plaintiff’s name of the instant patent invention (Evidence A 3) invention: the date of filing of the electronic commerce system and method using an indefinite discount rate and 2)/registration number: the date of filing of the registration / October 15, 2012 / the Claim No. 118910, Oct. 2, 2012; the Claim No. 118910, Oct. 1, 2012; the Claim No. 1 of the Patent Act provides the e-commerce online service using the said web server’s e-commerce network to store and distribute bid information from outside the web servers, and the purchaser’s e-mail service using the above online network network.