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(영문) 특허법원 2019.09.06 2018허9251
권리범위확인(디)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The design registration number of the instant registered design (Partial Design, No. 2 and No. 3) / the filing date / the registration date: C/D/E2: F3: The name of the instant registered design is as specified in attached Table 1: 4) The design right-holder: The Plaintiff was the Plaintiff and H, but the Plaintiff was the Plaintiff’s obligee, but H renounced his/her share on October 26, 2016, and completed the registration of cancellation, accordingly only the Plaintiff was the owner of the instant registered design.

(A) Evidence 2. (b)

As "G" being implemented by the defendant of the design subject to confirmation, the drawings are as shown in attached Form 2.

C. Prior designs 1 to 10 are the same as prior designs 1 to 10 submitted in a trial for invalidation of design registration.

1) A design as to “aap sap crushing” inserted in the Patent Gazette No. 2003-031800 on April 23, 2003, which is prior design 1 (No. 1 evidence No. 1) published on April 23, 2003, and its drawings are as follows: (a) prior design 2 (No. 2) published on December 23, 2004 in the Design Gazette No. 30-0370472, published on December 23, 2004; and (b) its drawings are as follows:

3) On May 31, 2005, the prior design 3 (No. 3) was inserted in the Patent Gazette No. 10-2005-005030 on May 31, 2005, and its drawings are as follows: (a) the prior design 4 (No. 4) on July 11, 2005, published in the Patent Gazette No. 10-205-07263 on July 11, 2005; and (b) the drawings are as shown in the attached Table 3.

5) On March 31, 2008, the prior design 5 (No. 5) of the Korean Intellectual Property Office published in the Patent Gazette No. 10-2008-002808080 on March 31, 2008, the drawings are “ma” as shown in attached Table 3. 6) On May 9, 2011, the prior design 6 (No. 6) of the Korean Intellectual Property Office published in the Patent Gazette No. 20-201-004537, and the drawings are attached thereto.

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