logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 특허법원 2016.10.13 2016허4023
권리범위확인(특)
Text

1. The decision made by the Intellectual Property Tribunal on May 13, 2016 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. On September 30, 2015, the Plaintiff’s trial decision of this case 1) against the Defendant, the patentee, the Intellectual Property Tribunal, on September 30, 2015, the instant invention subject to confirmation 8 (hereinafter “instant Claim 8”).

(2) On May 13, 2016, the Korean Intellectual Property Tribunal rendered a trial decision dismissing the Plaintiff’s appeal on the ground that the invention subject to confirmation falls under the scope of the right of the instant Claim 8 invention, not the free-to-work technology that can be easily conducted by a person with ordinary knowledge in the art to which the invention pertains (hereinafter “ordinary technician”) from prior inventions 1 and 2, and that it falls under the scope of the right of the instant Claim 8 invention, as it is equivalent to the instant Claim 8 invention, and thus falls under the scope of the right of the instant Claim 8 invention.

B. The name of the Defendant’s patented invention (A evidence 3) invention 1: the accelerator manufacturing system, accelerator manufacturing method and accelerator 2) filing date/registration number: July 5, 2005 / / 19 April 19, 2006 / Claims 1 through 7 (no dispute is subject to 8) / 2005 / 10573906 of the Patent Act) claims 1 to 7 (each entry is omitted) / 8) / 205 / 205 / 205 / 2000 1 to 3) / 4 (the number is not subject to 8) / 205 / 205 / 2000 / 2000 / 2000 / 2000 / 2000 / 2000 / 200 / 2000 / 200 / 200

arrow