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(영문) 특허법원 2018.01.26 2016허5040

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

가. 피고의 이 사건 특허발명(이하 ‘이 사건 특허발명’이라 한다) 발명의 명칭: 신규한 트리아졸로 [4,5-d]피리미딘 화합물 출원일/우선권주장일/출원번호/등록일/등록번호: 2001. 6. 2./1998. 12. 4./제10-2001- 7006907호/2007. 7. 19./특허 제742924호 특허권자: 피고

B. The registration of extension of the patent term of the instant case (hereinafter “instant extension registration”) 1) developments leading to the instant application for registration of extension (hereinafter “instant application for registration of extension”)

/ Application Number: The extended period filed by the Defendant: January 29, 201 [the total period of domestic clinical trials (one year and six months from July 19, 2007, the date of registration of patent rights, to February 9, 2009, the date of completion of clinical trials) after the date of registration of establishment of patent rights] the period required for import marketing (the total period from September 3, 201, to July 22, 201, the date of application for import marketing approval) - the period required for the extension registration (the total period from September 3, 2010, to July 22, 2011, the date of application for import marketing approval) due to a cause attributable to the patentee, etc. (the total period from November 25, 2010 to March 11, 2011)]

(ii) Claims subject to extension of the contents of the extension registration: The claims subject to extension of the extension registration: The expiration date prior to the registration of extension under paragraphs (1) through (5), (2) through (24) (hereinafter referred to as “an invention subject to extension of this case”): The extension on December 2, 2019: 719 days of permission or registration: 103 of marketing approval of drugs.

C. The developments and contents of the marketing approval of drugs (hereinafter “instant permission”) are as follows: (i) the establishment of a patent on the date of the instant permission / the marketing approval of drugs (the examination of safety and effectiveness of the preliminary examination of drugs is to examine the safety and effectiveness of the marketing approval of drugs subject to permission, such as the results of clinical trials, toxicity, pharmacological action, etc.

The examination of milk shall be conducted (hereinafter referred to as "examination of milk").

/ Examination of drug standards and testing methods at time shall be conducted for the manufacture and quality control of drug items.