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Lee & Ko Successfully Defends Client in Dispute Involving PASS Application’s Mobile Driver’s License

다음
Type
Deals & Cases
Published on
2021.09.02
Lee & Ko represented Mobile Authentication Standard Association (masa.or.kr) (“Client”) of which three leading mobile carriers are members, in a legal dispute involving mobile driver’s license service (“mDL") provided by the three mobile carriers and the National Police Agency via PASS application, initiated by patentee of a name verification patent. In an invalidation action against the asserted patent and a defensive confirmation trial for the scope of a right before Intellectual Property Trial and Appeal Board (“IPTAB”), Lee & Ko led all cases to victory by obtaining a favorable decision from IPTAB that mDL did not infringe the asserted patent in May 20, 2021, and successfully convinced IPTAB in invalidation action against the asserted patent September 2, 2021. 

With its thorough analysis of the difference between the asserted patent and mDL in terms of technical structure, Lee & Ko was able to prove that mDL did not constitute infringement of the asserted patent in the defensive confirmation trial for the scope of a right, and also convinced IPTAB that the asserted patent’s registration cannot be maintained due to lack of inventiveness by presenting strong argument that any person can easily invent the asserted patent based on prior art. Thus, Lee & Ko successfully prevented the adverse party from arguing patent infringement. One of the legal issues for both invalidation action against the patent and defensive confirmation trial for the scope of a right was whether Client had standing to bring an action before IPTAB. By demonstrating necessity and legal justification to recognize interest of Client to represent its members, each of whom had interest in the subject matter, Lee & Ko was able to convince IPTAB to recognize Client’s standing. 

mDL is a service an outcome of a collaboration among the leading mobile carriers and the National Police Agency available to public since 2020 which provides Korean population with a convenient alternative to physical driver’s license, which can be presented at any time with a smartphone. This case is meaningful to Lee & Ko for being able to contribute to everyday lives of the society by eliminating patent infringement and other legal risks from the operation of mDL.
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