Jipyung & Jisung, in strategic partnership with HANYANG International, ranked no. 1 in Supreme Court remand proceeding rate

1. Jipyong & Jisung, who is in a strategic partnership with HANYANG International Patent & Law Firm, ranked no. 1 in Supreme Court remand proceeding rate in litigation cases.

ChosunIlbo, a typical Korean daily newspaper, analyzed 1,987 cases that were pronounced from January of 2010 to June of 2010 and announced the competitiveness analysis graphs per law firms as an article.

According to following article, Jipyong & Jisung, who is in a strategic partnership with HANYANG International Patent & Law Firm ranked no. 1 including criminal cases in Supreme Court remand proceeding rate (reversing judgments of lower courts (High Court, Patent Court)) and ranked no. 2 in Supreme Court remand proceeding rate in civil, administrative, and patent cases.

Jipyong & Jisung is a large size law firm consisting of 130 attorneys and has been in a strategic partnership with HANYANG International Patent & Law Firm since 2009 in charge of patent infringement litigation.

2. Supreme Court decision: Court in charge of patent infringement litigation may hear/determine regarding inventive steps of an invention. (Supreme Court unanimous decision, announced on January 19th 2012, case number 2010da95390)

On January 19th, 2012, the Supreme Court unanimously rendered a decision allowing a Court in charge of patent infringement litigation to hear regarding inventive steps of an invention and deny an enforcement of a patent right having no inventive step. The Supreme Court also abolished the past Supreme Court decisions of June 2, 1992 and March 23, 2001 for the case nos. ja91ma540 and 98da 7209, respectively, which stated to the contrary, that a Court in charge of patent infringement suit cannot deny a patent right unless a patent is invalidated through an invalidation trial.

In the decision, the Court stated that a request of an infringement injunction or damage claim suit based on an invention having no inventive steps would be considered as an unfair advantages to the Patentee, and thus, if it is obvious even prior to the confirmation of invalidation judgment regarding the patent that inventive steps of such patent right would be denied through an invalidation trial, a request for infringement injunction or damage claim suit based on the patent right shall not be permitted because it would be abuse of rights, unless there were some special circumstances.

.