Unless there were convincingly compelling, and
exceptional, circumstances that prevented him from asserting a re-defense of
correction, a patentee who failed to assert a re-defense of correction (i.e., a
re-defense based on the grounds that the correction will resolve the cause of
invalidation asserted in the defense of invalidation submitted under Article
104-3, paragraph (1) of the Patent Act) before the close of the oral argument
at the trial court is not permitted to contest the trial court’s ruling on the
grounds that a trial decision requiring a correction of the scope of claims as
referred to in Article 104-4, item (iii) of the same act subsequently became
final and binding, in light of the intent of the provisions of Articles 104-3
and 104-4 of the same act since permitting this would unreasonably delay a
resolution of the dispute involving patent right infringement.