beta
(영문) 특허법원 2018.01.26 2016허5156

존속기간연장무효(특)심결취소의소

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

(a) The name of the Defendant’s patented invention (No. 2 and No. 4) invention of this case subject to the extension registration of the patent term: The name of the Defendant’s patented invention of this case (No. 2 and No. 4): C-Agluco SGLT2 SGLT control and suppression method 2) international filing date/ priority claim date/ translation submission date/registration date/registration number: May 15, 2003/ May 2002/ November 19, 2004/3. 4, 2011.

B. Claims subject to extension registration on February 26, 2014/10-2014/2014/2014/22294/20, 2014/20) of a patent term extension registration (hereinafter “instant extension registration”) of this case: Claim 1, 2 (hereinafter collectively “instant extension invention”) prior to the expiration date of the extension registration: 238 days (date of the expiration date of the patent term: January 15, 2023): The extended period: 238 days (date of expiration of the patent term: January 8, 2024) permission or registration: Item 5016 of the item item license for imported drugs:

C. On January 25, 2013, the product name of the instant medicine (hereinafter referred to as “the instant medicine”) was “Daglibin prod cargo” (dapprodydydy rate) and the product name of the instant medicine (hereinafter referred to as “Maggle 5 milligrams”) was “five milligrams of the U.S. household” (hereinafter referred to as “Magli household”), and the product name was “five milligrams” (5mp. g., hereinafter referred to as “Magemine”). On March 23, 2013, after the application for the instant medicine by the Korea Food and Drug Administration for the instant permit, the Korea Food and Drug Administration was established on March 23, 2013 as well as on March 23, 2013 pursuant to Article 2458 of the Ordinance of the Ministry of Food and Drug Safety and Food and Drug Administration, and the Korea Food and Drug Administration was established on March 23, 2013 or the Korea Food and Drug Administration’s Food and Drug Administration’s license.