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| TITLE | [Invalidation of Registration (Patent)]Supreme Court Decision 2007Hu1510 Decided May 28, 2009 [full Text] |
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| Summary | |
| [1] Where more than two claimants jointly seek an adjudication on the invalidation of a patent concerning the same patent right and thereafter win the adjudication, whether an application to join a litigant is permitted where a patentee files a litigation to revoke such adjudication against only one claimant among co-claimants (negative) [2] The legal nature of such adjudication, where more than two claimants jointly seek an adjudication concerning invalidation of a patent concerning the same patent right (=analogically indispensable co-adjudication), and where a patentee files a litigation to revoke the adjudication against only some claimants among co-claimants, whether only the portion relating to the remaining claimants against whom such a litigation is not filed becomes separately final and conclusive merely because the statutory period for filing the litigation against them has expired (negative) | |
