Supreme Court Rectifies Timing of Res Judicata Applicability in Invalidation Trials

Under Article 163 of the Korean Patent Act (“KPA”), a patent invalidation decision, which has become final and irrevocable, has an in rem effect; that is, it has a binding effect not only on the parties to the action but also on anyone else as long as the same facts and evidence are to be adduced.

However, when an earlier-filed patent invalidation trial is still pending while a later-filed trial brought against the same patent based on the same facts and evidence has been rendered a final and conclusive decision, is the court hearing the earlier-filed case bound by the ...