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(영문) 특허법원 2018.06.07 2017허6651

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. (1) On March 13, 2015, the Plaintiff filed a claim against the Defendant in the Intellectual Property Tribunal for the invalidation trial against the instant patent invention on the following grounds: “The claim 1, 11 through 16, 21 through 23, 25 through 30 of the instant patent invention was submitted to the person having ordinary knowledge in the technical field to which the invention pertains (hereinafter “ordinary technician”) at the trial stage of the instant patent invention 1 or prior invention 1 or prior invention 1 or prior invention 2, respectively. It is readily possible to make an invention by combining it, and its nonobviousness is denied.” The Plaintiff filed a claim for the invalidation trial against the instant patent invention as to the patent claim 1, 11 through 16, 21 through 23, 25 through 30.

(2) On October 22, 2015, the Defendant at the above invalidation trial procedure:

B. As stated in paragraph (3), the correction request for correction of the claims of the instant patent invention (hereinafter “instant correction request”) was made.

(3) On August 23, 2017, the Korean Intellectual Property Trial and Appeal Board recognized correction by the instant request for correction on the ground that “the instant request for correction is lawful and deleted claims 1, 12, 21 other than claims 1, 13 through 16, 22, 23, 25, and 30, other than claims 1, 21, 21, and deleted due to correction, shall not be denied even if prior inventions 1, 2, etc. are based on prior inventions 1, 2, etc., and dismissed the request for trial against the corrected claims 11, 12, and 21, and the remaining claims 1, 13 through 16, 22, 23, 25, and 30 were dismissed.”

B. The name of the Defendant’s patented invention (A) invention of this case: DP-IV (2) international filing date / priority claim / registration date / registration number : April 30, 2007 / December 29, 2014 / Claim 1 / dPP-IV (DP-IV (diptiidyylpetidydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydyddydydydumd 1; hereinafter referred to as “PP-IVicoticide 2”dydydydydumd.