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(영문) 특허법원 2017.09.22 2015허4033
등록무효(특)
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On July 7, 2014, the Plaintiffs asserted against the Defendant as follows against the Intellectual Property Tribunal (2014Da1606) regarding the instant patent invention as indicated in the following sub-paragraph (b) and claimed a trial for invalidation of the registration thereof (hereinafter “instant patent claim”). ① The previous patent claim of the instant patent invention is identical to the prior invention 1, 2, 4, and 5 in the judgment of the Intellectual Property Tribunal of the Intellectual Property Tribunal of the instant patent invention, respectively, with the prior invention 1, 2, 4, and 5 in the instant lawsuit, and was added to the prior invention 3, 6, and 7 in the instant lawsuit. Since the nonobviousness is denied by 1 through 4, it is so long as the nonobviousness is denied by the prior invention 3, 6, and 7 in the instant lawsuit, the same shall apply hereinafter.

(2) The registration of the instant patent invention shall be invalidated under Article 29(2). (2) The claims 1, 6, 10, 11, 13, 18, 27, 28, 37 through 43 are not supported by a detailed description of the invention, and the registration shall be invalidated under Article 42(4)1 of the former Patent Act. (3) Since claims 10, 11, and 13 of the instant patent invention do not clearly and concisely state the claims, the registration shall be invalidated under Article 42(4)2 of the former Patent Act. (4) Since claims 1, 2, 4 through 7, 9 through 19, 21 through 30, and 32 through 43 of the instant patent invention are inventions, the registration of the instant patent invention shall be invalidated under the main sentence of Article 29(1) of the former Patent Act.

(2) The patent invention of this case is not clearly and clearly stated to the extent that the patent invention of this case can be easily worked. Thus, the patent invention of this case should be invalidated under Article 42(3) of the former Patent Act. 2) In the procedure for the trial for invalidation of the patent registration, the defendant is entitled to the claims of this case and the invention described in the specification on March 30, 2015.

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