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(영문) 특허법원 2017.12.21 2017허639
존속기간연장무효(특)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

(a) Name of the patented invention subject to registration for extension of the patent term (hereinafter referred to as the "patent invention of this case"): 6-Medex clex lex lex lex lex lex lex lex lex lex lex lex lex lex: international filing date lex lex lex lex lex lex lex lex lex lex lex lex lex lex lex lex lex lex lex lex lex l

B. An applicant for registration of an extension of a patent term extension registration (hereinafter referred to as “instant extension registration”) / the application number of the application: The extended period filed on January 11, 2013/10-2013-358 (b): Defendant C: The extended period: 505 days: (a) the details of the extended registration) the extension of which are subject to extension: Paragraphs (1) through (4), (6), and (10) (hereinafter referred to as “instant extended invention”)

(B) The expiration date of the term prior to the registration of extension: The extension of the term: 505 days: the extension of the license or registration: No. 145 of the marketing approval of drugs.

C. The developments and contents of the permission for import of drugs (hereinafter “instant permission”) 1) Korea IMD Co., Ltd. (hereinafter “Korea IMD”).

A) A person filed an application for marketing approval of a drug’s “blurniium” (main ingredient: Schlage’s main ingredient) on the 3th clinical trials in the Republic of Korea including the date of the clinical trials and import items permission, and the product license information (DMF assessment) on the item license (DMF assessment) refers to the information on a drug, i.e., the facility information of the relevant raw material manufacturer on the drug, i.e., the non-nets, residual organic solvents, process management, packing materials, stability test materials. The examination of drug information is an assessment of the foregoing; hereinafter “DMF assessment; hereinafter “DM assessment”). DMF assessment II (Pharmaceutical quality and product quality) on the date of the clinical trials on February 4, 2010.

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