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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The name of the invention of the defendant's patented invention of this case (hereinafter referred to as "patent of this case"): The date of a new compound filing or the application number / the registration date / the registration number of patent: July 15, 1998; / July 22, 1997; 10-200-700652/ December 5, 2005: the defendant:
B. / Application number of the registration of extension of the patent term of the instant case (hereinafter referred to as “instant application for registration of extension”): The registration of extension under Article 10-201-1088 on October 21, 201: Claims subject to extension of the Defendant: Extension of Paragraphs (1), (2), (4) through (7), and (14) (hereinafter referred to as “an invention subject to extension”): 868 days [1] 720 days during the period required for clinical trial; 322 days during the period required for review of the permitted documents by the Ministry of Food and Drug Safety - 174 days during the period required for any ground attributable to a patentee, etc. (from November 25, 2010 to May 18, 201) (hereinafter referred to as “determination to register extension”): Decision to register extension (hereinafter referred to as “decision to register extension”).
C. After registering the establishment of the patent right of the patent of this case, the safety and effectiveness of the test on the safety and effectiveness of the drug subject to the permit of this case (hereinafter “the license of this case”) is to examine the clinical test of the pharmaceutical product subject to the permit of this case, and the safety and effectiveness test of the safety and effectiveness test of the pharmaceutical product subject to the permit of this case (hereinafter “the license of this case”), such as the clinical test of the pharmaceutical product subject to the permit of this case, toxicity, pharmacological action, etc.
The examination of standards and testing methods for drugs (hereinafter referred to as "regular examination") and testing methods shall be conducted by drug items.