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(영문) 특허법원 2018.06.07 2017허6576

등록무효(특)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 13, 2015, the Plaintiffs asserted against the Defendant on March 13, 2015, that “The Plaintiffs submitted to the Intellectual Property Tribunal a prior invention 1 through 3, 8, 9, 11 through 30 of the instant patent invention to the extent that “the nonobviousness of the instant patent invention is denied as it can be easily claimed by combining the instant patent invention with the prior invention 1 through 3, 8, 9, 11 through 30 were filed by a person with ordinary knowledge in the art to which the instant patent invention pertains (hereinafter “ordinary technician”), respectively, at the trial stage of the instant patent invention 1, 2, and 3, the prior invention 1, 2, and 3, respectively.” The Plaintiffs asserted that “The nonobviousness of the instant patent invention is identical to the instant patent invention 1 through 3, 8, 9, 901, 901, 2015 or 902, 2015 or 2014, 2015).

(2) On October 22, 2015, the Defendant at the above invalidation trial procedure:

B. As stated in paragraph (3), the correction request was made to correct the claims of the instant patent invention.

(3) On August 23, 2017, the Korean Intellectual Property Trial and Appeal Commission recognized correction pursuant to the instant request for correction on the ground that the instant request for correction is lawful and that “the nonobviousness of the instant request for correction is not denied even in cases of claims 11, 12, and 21 other than the corrected claims 1 through 3, 8, 9, 13 through 20, 22, and 30 other than the corrected claims 11, 12, and 22 through 30, etc., prior inventions 1 through 3, etc.” The Korean Intellectual Property Trial and Appeal Board dismissed the request for adjudication on the claims 11, 12, and 21 deleted by correction, and rendered the instant decision to dismiss the request for adjudication on the remaining claims 1 through 3, 8, 9, 13 through 20, 22, and 30.

B. The name of the Defendant’s patented invention (A) invention of this case : DP-IV (2) international filing date / priority claim / registration date / registration number : April 30, 2007 / December 29, 2014 / Claim No. 1478983 (3) of the Patent Act / Claim No. 1 of the Patent Act / Claim No. 1 of Article 1478983 (3) of the Patent Act / Claim No. 1 of the following compound selected from among the following compounds 4.