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(영문) 특허법원 2014.12.18 2014허6490
권리범위확인(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 instant patent invention 1: D2) filing date/registration date/registration number: E/F/ C3: the Plaintiffs 4) claims and drawings: (Attachment 1).

The claim 1 of the patented invention of this case is referred to as the "claim 1 invention of this case", and the remaining claims are also described in the same manner.

B. The invention subject to confirmation of the invention in question is related to the defendant's "on the automatic packaging system of carbon containing a specific "roter-type loading machine and its smoke loading machine," and its description and drawings (attached Form 2).

C. On February 11, 2014, the Defendant filed a petition with the Intellectual Property Tribunal for a trial to confirm the scope of rights of the instant patent invention on the grounds that “the invention subject to confirmation does not fall under the scope of rights of the instant patent invention,” and submitted a written correction, such as a written request for a trial (attached Form 2) on June 27, 2014. (2) On August 13, 2014, the Intellectual Property Tribunal rendered a trial decision of this case on the ground that “the correction of the invention subject to confirmation is lawful, and the corrected invention does not fall under the scope of rights because it does not fall under the scope of rights because it does not fall under the same or equal composition as the composition of the instant Claim 1 invention, and thus does not fall under the scope of rights of the instant Claim 1 invention and its subordinate invention.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, the purport of the whole pleadings

2. Whether the invention subject to confirmation falls under the scope of the right to the invention under paragraph (1) of this case.

A. 1 Composition 1 of Section 1 of this case, whether the invention in question satisfies all the same composition as the invention in paragraph 1 of this case, is a studio 1 to ensure that the composition 1 of Section 1 of this case, which is continuously supplied from the studio supply department (C), can be continuously displayed in one column until the specified number of days.

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