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(영문) 특허법원 2018.02.01 2016허3549
존속기간연장무효(특)심결취소의소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant’s claim of the instant patent invention subject to registration for extension of the patent term is as shown in the attached Form.

1) 발명의 명칭: C-아릴글루코시드 SGLT2 억제제 2) 국제출원일/ 우선권주장일/ 번역문 제출일/ 등록일/ 등록번호: 2000. 10. 2./ 1999. 10. 12./ 2002. 4. 11./ 2007. 6. 7./ 제728085호

B. 1) The date of registration for extension of the term of a patent right of this case (hereinafter “the extension registration of this case”) / the application number / the date of decision on the extension registration: February 26, 2014 / (10-2014-014-02943/ 201) / January 5, 2015: Claims subject to extension of the term extension extension extension: Extension of Claim 1, 3 through 8, and 14 (hereinafter “the extension invention of this case”) (hereinafter “the extension invention of this case”) : 917 (c) the contents of the permission or registration: Pharmaceutical item 5016

C. On January 25, 2013, the product name of the Republic of Korea Co., Ltd. (hereinafter “Korea Plasta”) on January 25, 2013 is “Dapaflzin prod cargo” (dapagle prodin prodivate rate) and the product name “5 milligrams of the UPS household” (e.g., 5mp., hereinafter referred to as “prod family”). The product name is “5 milligrams of the UPS household.”

The Food and Drug Safety Agency was abolished on March 23, 2013, which was enacted by Presidential Decree No. 24458 on March 23, 2013, after the application for the permission of the instant medicine, and Article 2 of the Addenda to the Organization of the Ministry of Food and Drug Administration and its affiliated organizations, and “Korea Food and Drug Safety Agency” was established. The Ministry of Food and Drug Safety established on March 23, 2013. The Ministry of Food and Drug Administration for convenience applies for marketing approval of drugs to the Food and Drug Administration or the Ministry of Food and Drug Administration for marketing approval, and obtained the instant permission from the Food and Drug Administration on November 26, 2013. Meanwhile, the term “examination of safety and effectiveness” in the clinical trial, safety and effectiveness examination of the instant medicine is subject to permission.

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