1. The plaintiff's claim is dismissed.

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

1. On the ground that the Defendant’s act of operating the “C system” to intermediate the sale and purchase of securities, etc. constitutes an act of infringing the Plaintiff’s patent right as to the claim 1 and claim 5 of the patent number D(hereinafter “instant invention”) and the patent right of the Plaintiff as to the claim 5, the Plaintiff seek compensation for damages arising from the infringement of the patent right and damages for delay against the Defendant.

Accordingly, the main text of Article 133(3) of the Patent Act provides that "if a trial decision invalidating a patent has become final and conclusive, the patent right shall be deemed never to have existed." According to the overall purport of the description and arguments in subparagraph 4, the Defendant requested the Plaintiff to file a trial for invalidation of a patent as to the claim 1 and claim 5 of the instant patent invention with the Intellectual Property Tribunal under the Intellectual Property Tribunal 2018Heo1530 on May 17, 2018. The Intellectual Property Tribunal rendered a trial decision that the patent should be invalidated on August 21, 2018 on the ground that the patent claim 1 and claim 5 of the instant patent invention are denied newness or non-obviousness by a prior invention, the Plaintiff filed a lawsuit against the Defendant under the Patent Court No. 2018Heo7744, which became final and conclusive by the Plaintiff’s withdrawal of the said lawsuit.

Ultimately, the Plaintiff’s patent right on the Claim 1 and Claim 5 of the instant patent invention is deemed to have never existed from the beginning in accordance with the main sentence of Article 133(3) of the Patent Act due to a final and conclusive trial decision on invalidation thereof. Thus, the Plaintiff’s claim on the premise of the existence of the patent right is without merit without further examining the remainder.

2. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.