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(영문) 특허법원 2017.12.08 2017허5580
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. The Defendant’s title of the instant patent invention (Evidence A1, 2, 1) 1: The date of patent application / the date of registration / the registration / the registration number: December 31, 2007 / December 16, 2008 / (No. 8755443), the Claim 1 Intellectual Property Tribunal rendered a trial decision that the registration of the instant patent invention among the instant patent inventions ought to be invalidated on December 28, 2012 in the case of a patent invalidation trial on the instant patent invention on December 28, 2011, the claim 1, 3-7, 16, and 17, among the instant patent inventions, and the said trial decision became final and conclusive by the withdrawal of the lawsuit in the Patent Court Decision 2013Hu631, Feb. 15, 2013; and the patent court Decision 2013Hu63436, Aug. 29, 2013.

However, since the claim 10 of the patented invention of this case subject to the adjudication of the trial decision of this case refers to a subordinate claim 1, the claim 1 of this case shall also be stated as invalid claims.

The number or English language number within the sinland (130) Overall No. 130) movement on the upper and lower level adjustment refers to the code of the description of the principal drawing of the patented invention of this case, and is not originally stated in the claims, but additionally stated for the convenience of understanding; hereinafter each corresponding part of the patented invention of this case and the preceding inventions of this case shall be indicated in the same manner; hereinafter referred to as "the pertinent parts of the patented invention of this case and the preceding inventions shall be installed inside the sinland, where gas is shocked inside the above sinland; 150 sinton (150); sinton (160) containing the upper part of the above sin oil and 180 sinbrate (180 sinish) containing the outer part of the above sinland which form at least part of the outer part of the above 180 sinish (180 sinish).

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