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TITLE Supreme Court Decision 2016Hu366 Decided November 14, 2017【Affirmation of the Scope of Right (Patent)】* First draft [full Text]
Summary
[1] In a case where the nonobviousness of a patent invention is denied, whether a registered patent right may be invalidated in a trial on affirmation of the scope of a patent right (negative in principle)
[2] In a case where a challenged invention is a so-called “state-of-the-art technology,” whether said invention shall be deemed not to fall under the scope of right to a patent invention, without comparison with the patent invention, in a trial on affirmation of the scope of right (affirmative), and whether such legal doctrine on state-of-the-art technology is applicable in cases where a challenged invention constitutes a literal infringement (affirmative)
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