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1. The decision made by the Intellectual Property Tribunal on February 14, 2017 by the Intellectual Property Tribunal on the case shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Basic facts
A. On December 7, 2016, the Plaintiff filed a petition for a trial to invalidate the registration of claims 1 and 9 among the patented inventions in this case with the Intellectual Property Tribunal against the Defendant, a patentee of the patented invention in this case, on the ground that “the patent claim 1 and 9 among the patented inventions in this case may be denied by prior inventions 1 and 2, or that the person having ordinary knowledge in the art to which the invention pertains (hereinafter “ordinary technician”) can easily make an invention.” (ii) The Intellectual Property Tribunal deliberated on the patent invention in this case as the case 2016Da3903, and subsequently dismissed the Plaintiff’s above trial decision on February 14, 2017 on the ground that “the patent claim 1 and 9 among the patented inventions in this case shall not be denied by prior inventions 1 and 2.”
B. The name of the Defendant’s patented invention (No. 2 and 3 Evidence 1) invention of this case: the filing date of the virtual golf 2) apparatus providing meteorological animation / the registration date/registration number: December 31, 2009 / the claims claim No. 9728253, Jul. 22, 2010 / the claim No. 9728253, Jul. 22, 2010 / the claim No. 1) with respect to the virtual golf 1 (hereinafter “class No. 1-1”).
(2) The term “class 1-2” means the Formula 1 (hereinafter referred to as “class 1-2”) means to enable a golf operation for a virtual golf course.
(i) A video processing device indicating images of the golf 200 Formula image with the foregoing method and a specific area of the said golf 200 Formula image (hereinafter referred to as “concept 1-3”) in a specific area of the said golf 200 Formula image;
b)animation in accordance with weather information on the wind direction and morals of the golf course in question, animation based on weather information on animation and lectures based on meteorological information on animation and lectures, one of at least one of which is expressed on the aforesaid U.S. road map;