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(영문) 특허법원 2015.11.20 2015허154
등록무효(특)
Text

1. The decision made by the Intellectual Property Tribunal on December 9, 2014 by the Intellectual Property Tribunal on the case shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The name of the invention of this case (No. 3) 1: The date of application of the window of the portable device and its manufacturing method 2) / the filing date of the registration / Patent Number: November 28, 2013 / the patentee on March 5, 2014 (No. 1373142) : Defendant 4: Claim 1 / The claim 1 / windururine 1 (hereinafter “Composition 1”); the above side contacted with the windur 1; the windur 1 ; the windur 1 ; the windur 1 ; the windur 1 ; the windur 1 / the windur 2 / the main wind 3 / the wind 5 / the wind 1 / the main wind / the wind 2 / the wind / the wind 1 / 3 / the wind / the wind - the main part of the wind - the wind 1 / the wind - the wind - the main part of the wind 3 'sur.

B. The cited Invention (Evidence No. 4) filed on April 26, 2013, and published on January 16, 2014 after the registration on January 6, 2014, as indicated in Article 10-1350424 of the Patent Gazette publicly announced on January 16, 2014, is related to the “refiss for tampers and tampers equipped therewith,” and the main contents and main drawings thereof are as listed in attached Form 2.

There is no particular dispute between the parties regarding the fact that the specification and drawings of comparable inventions submitted with A4 are the same as those of the initial specification and drawings.

C. On June 20, 2014, the Plaintiff: (a) against the Defendant on June 20, 2014, the claim 1 of the instant patent invention was denied by the cited Invention; and (b) the claim 1 and 2, prior to the filing of the patent application, a person with ordinary knowledge in the art to which the invention pertains (hereinafter “ordinary technician”) was indicated in the registered Patent Gazette No. 10-789202, the invention was presented as comparable invention 2 at the instant patent trial stage.

(b).

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