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(영문) 서울중앙지방법원 2018.09.14 2017가합517054

특허침해금지 청구

Text

1. The Plaintiff’s respective claims against the Defendants and the Intervenor are dismissed in entirety.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Plaintiff’s exclusive license Plaintiff is an exclusive licensee who obtained from L, a patent holder of the following patented inventions (hereinafter “instant patented inventions”), the time limit from M to N, the regional scope of which is the entire territory of the Republic of Korea. The Plaintiff is an exclusive licensee whose registration of establishment was completed on November 24, 2016.

1) The title of the invention:O2)/date of international filing/date of priority/Korean translation/patent submission/patent number: P/Sgd./ on June 22, 2010 / Claim 1 / Claim 2008 / Claim 1 / Claim / The title of the invention refers to a pain or a drug preparation for suppression of sub-scriptive origin or sub-scriptive origin (hereinafter referred to as “instant Claim 1”) / P/ 25% of the total weight of extracted products, including DNA site D from 0.01% to 25% of the total weight of extracted products. The description is omitted in each of the instant Claim 1, each of the instant Claim / Claim 201.

(iv) Major contents of the description of the invention: as shown in Appendix 3.

B. The Defendants and the intervenors were established for the purpose of manufacturing and selling medicines. 2) The Defendants filed an application for marketing approval of the drugs listed in the separate Nos. 2 1 through 10 with the grounds that the patented invention was invalid at the Food and Drug Safety Center (hereinafter “Food and Drug Safety Center”) on March 14, 2016, and notified the Plaintiff around that time. The Defendants and the Intervenor obtained marketing approval of each of the above drugs from the Food and Drug Center.

3) On the basis of each of the Defendants participating in the acquisition, the Intervenor took over the business regarding the pharmaceutical products for which marketing approval was obtained from each of the Defendants participating in the acquisition, as described in the foregoing paragraph 2, and based on this, the Intervenor Nos. 11 through 16 of Attached Table 2 from the Food and Drug Center around July 2017.