거절결정(특)
1. The decision made by the Intellectual Property Tribunal on January 22, 2015 on the case No. 2013 Won2847 shall be revoked.
2. The costs of lawsuit shall be.
1. Basic facts
A. Patent 1) Name of this case: Date of the filing of the raw drugs for the treatment of ornamental salt and its manufacturing method 2) / Registration Date / Registration Number : December 30, 2002 ( January 18, 2002) / The patentee of December 23, 2005 / The plaintiff (the plaintiff shall set an exclusive license and complete the registration of the exclusive license to the Korea FM branch on May 2, 201. < Amended by Act No. 105403, Dec. 3, 2005>
4) Claim 1 【 Claim Claim 1’s Claim 1’s acute mathy, chronic mathy, chronic dystyphys, chronic chlostys, chronic chlostitis, and sediment therapy and preventive pharmaceutical products for treatment and prevention of sediosis, which include active ingredients such as appearance, susst, susst, susst, lewal, lewals, lewals, lewals, lewals, lewals, lewals, lewalkys, lewals, lewals, and ewalves. 【 Claim 5’s Claim 6’s Claim 6’s Claim - Claim 24-8, 11-14, 16-17, 106-17, 【No of pharmaceutical products selected for pharmaceutical purposes’
B. Product marketing approval 1) The Korea FM branch Co., Ltd., the exclusive licensee of the patent right of this case (hereinafter “Korea FM branch”).
) As from the Minister of Food and Drug Safety on March 13, 2012, 'Isra (effective ingredients are referred to as 'Isia, wood, wind, spawal, spawal, spawal, spawal, spawal, spawal, spawal, spawal, spathal, spawal, spathal, spawal, spawal, spathal,
(B) The product license for manufacture and sale under Article 31 of the Pharmaceutical Affairs Act (hereinafter “instant license”)
(A) In order to obtain the instant permission (No. 3 and 7.2) the Republic of Korea EM conducted a clinical trial on December 19, 2006 through March 23, 201 after obtaining approval of a clinical trial plan from the Minister of Food and Drug Safety. From September 29, 201 to February 27, 2012, it submitted data on the safety and effectiveness of toxic test, including toxic test data, and during the said period, the Plaintiff is responsible for the clinical trial.