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TITLE Supreme Court en banc Decision 2009Hu2234 Decided January 19, 2012【Invalidation of Registration (Patent)】 [full Text]
Summary
[1] The reference point to determine whether a petition for trial is unlawful under the doctrine of res judicata provided by Article 163 of the former Patent Act (i.e., at the time of petitioning for a trial)
[2] Where the issue was whether it violates the doctrine of res judicata under Article 163 of the Patent Act for “A” corporation to petition for a registration invalidation trial against “B” et al. regarding the patented invention named the “Internet Address Native Language Service System” on grounds of its lack of non-obviousness, in view of “C” corporation’s petition for a registration invalidation trial against B et al. on the patented invention, the dismissal of which became final and conclusive, the case holding that A corporation’s petition for trial cannot be deemed to violate the res judicata doctrine
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