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(영문) 특허법원 2014.09.19 2014허1105
권리범위확인(특)
Text

1. The decision made by the Intellectual Property Tribunal on January 29, 2014 on the case No. 2013Dang2733 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The plaintiffs' patent title 1: D2) filing date/registration date/registration number: E/F/G 3: The claims and main drawings [Attachment 1] are as follows (hereinafter the plaintiffs' patented invention "the patented invention of this case"; hereinafter the plaintiffs' patented invention of this case is referred to as "patent 1 invention of this case"; b. the plaintiffs' claim of this case is also referred to as "patent 1 invention of this case"; b. The plaintiffs' specific invention of this case is related to "the specific light light light light", and the main contents and drawings are as shown in [Attachment 2]. (c) The plaintiffs claim against the defendant on October 11, 2013 that "the invention of this case subject to confirmation falls under the scope of the rights of the inventions in paragraphs (1), (4), (9), and (10) of this case." The plaintiffs claim for active confirmation of the scope of rights of the inventions in this case and continued to be tried on October 15, 2015.

2) On January 29, 2014, the Korean Intellectual Property Trial and Appeal Board dismissed the plaintiffs' request for adjudication on the ground that "the invention subject to confirmation" in Article 1 of the instant case lacks the composition of "the chain number figure group forming a multiple network structure and the chain number figure group formed by a different numerical number number number group from the chain number group forming a different network structure, and does not belong to the scope of rights, and does not belong to the scope of rights of the instant Claim 4, 9, and 10 inventions, which are subordinate to the instant Claim 1 invention."

2. Summary of parties' arguments and the issues of the instant case

A. The summary of the plaintiffs' claim 1 of this case is that, when the unit organization of a different form is organized in succession from a certain unit organization of a certain form, the network organization by the unit of chain number in the same chain number number group as the chain number number group for connection of the front unit organization is comprised of multiple repetitions in the following unit organization.

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