º»¹® ¹Ù·Î°¡±â ÁÖ¸Þ´º·Î ¹Ù·Î°¡±â
All
TITLE Supreme Court en banc Decision 2016Hu2522 Decided January 22, 2020 ¡¼Invalidation of Registration (Patent)¡½ [full Text]
Summary
[1] Meaning of ¡°when administrative dispositions on which the judgment was based have been altered by a different administrative disposition¡± determined as the grounds for retrial as prescribed in Article 451(1) Subparagraph 8 of the Civil Procedure Act which applies mutatis mutandis to litigation for cancellation of a trial decision under Article 8 of the Administrative Litigation Act
In a case where a trial decision that correction of a specification or drawings of a patented invention ought to be made after closure of pleadings of fact-finding proceedings at a trial court litigating for cancellation of a trial decision against the invalidation trial of patent as a result of a patentee¡¯s appeal for a correction trial becomes final and conclusive, whether the grounds for retrial stipulated in Article 451(1) Subparagraph 8 of the Civil Procedure Act exist in the lower judgment based on the specification, etc. prior to its correction (negative)
[2] Method of determining the nonobviousness of an invention
On this occasion, whether it may be determined ex post facto whether an invention may be easily created by a person with ordinary knowledge in the technical field of the invention, on the assumption that the technologies described in the statement of the invention subject to the judgment on nonobviousness are known (negative)
Prev Supreme Court en banc Decision 2018Do2236 Decided January 30, 2020 ¡¼Abuse of Authority and Obstructing Another from Exercising One¡¯s Right; Coercion; Violation of the Act on Testimony, Appraisal, etc. Before the National Assembly¡½
Next Supreme Court en banc Decision 2015Da73067 Decided January 22, 2020 ¡¼Wage¡½
219 Seocho-ro,Seocho-gu,Seoul 06590,Republic of Korea 02-3480-1100