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(영문) 서울중앙지방법원 2018.12.14 2016가합555431
특허침해금지 등 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s patented invention is a company that manufactures and sells machinery parts, including automobile parts, and is a patent holder of the following patented inventions (hereinafter “instant patented invention”).

1) The title of invention: C2) the priority date/international filing date/registration date/registration number: The main contents of the invention on July 29, 1998: as shown in Appendix 2. B. The Defendant’s products are a company operating the manufacture and sale of automobile parts, and products listed in Appendix 1 (hereinafter “Defendant’s products”).

C) Prior inventions 1 (No. 1) prior inventions 1 (No. 1) prior inventions are related to the "electronic side and fuel pumps using the electronic side" published in the Japanese Patent Gazette No. 9-112731, May 2, 1997, which is published on May 2, 1997, and their main contents and drawings are as shown in attached Table 3.

2) Prior Invention 2 (No. 2) Prior Invention 2 (No. 2) is related to the "electronic valve" described in No. 2-118282, published on May 2, 1990, which is published on May 2, 199, and the main contents and drawings of the prior invention 3 (No. 3) prior inventions 3 (No. 3) are as shown in attached Table 4. The main contents and drawings of the prior invention 3 are related to the "electronic valve" described in No. 64-32978, published on March 1, 1989.

4) Prior Invention 4 (No. 4) Prior Invention 4 (No. 4), published on June 10, 1975, filed a petition for a trial for invalidation of registration with the purport that the registration should be invalidated on the ground that the registration should be invalidated on the grounds that the patent application of the instant patent invention was not written or non-obviousness is denied. (d) On January 10, 2017, the Defendant filed a petition against the Plaintiff as the Intellectual Property Tribunal No. 2017No. 79, Jan. 10, 2017

2. On March 20, 2017, the Plaintiff is in the above invalidation trial procedure.

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