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(영문) 특허법원 2018.01.26 2016허83

등록무효(특)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

(a) Name of the Defendant’s patented invention (Evidence A1 and 2) 1 of the instant patent invention subject to the extension registration of the patent term: DepepepsisiCo’s control chemicals for the treatment or prevention of cepsisiCo’s disease, which is subject to the DNA PepsisiCo’s control chemicals (1, 2-a), PepsisiCo’s typha (4, 3-a), PepsiCo’s tropha and Tetratrady (2) / International filing date of priority claim/Korean translation submission date/registration number: July 5, 2002/ July 6, 2001/ July 6, 2004/ July 24, 2006/60871 of July 24, 2006;

B. Claim 1, 9, 41, 43, 45 (hereinafter collectively referred to as “instant extended invention”) prior to the expiration date of the registration for extension: Extension of the remaining term of the patent right of this case (hereinafter referred to as “the extension registration of this case,” A2) / the filing date of the application for registration of extension / the filing date of the application for registration of extension : The details of the permission or registration under Article 42 of the Pharmaceutical Affairs Act: January 27, 202:

C. The details and details of the item license of the instant drug (hereinafter “instant license”) (Evidence A9, 10, 6-22), Korea IMD Co., Ltd. (hereinafter “Korea IMD”) (hereinafter “Korea”) applied for item license of the instant drug (raw materials) with respect to the instant drug, the name of which is “integyllogic No. 100mgs” and the product name of which is “integic No. 100mgs” after the instant license was granted by the Korea Food and Drug Administration, enacted by Presidential Decree No. 24458, Mar. 23, 2013 pursuant to Article 2 of the Addenda of the Organization of the Ministry of Food and Drug Safety and the Ministry of Food and Drug Safety established “Korea Food and Drug Safety” on March 23, 2013; hereinafter “Korea Food and Drug Administration” or the Ministry of Food and Drug Safety, without distinguishinging the item license of the instant drug from the Korea Food and Drug Administration or the Ministry of Food and Drug Safety on September 21, etc.