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(영문) 서울중앙지방법원 2017.06.30 2016가합521919
특허권 침해 금지 등
Text

1.(a)

The defendant U.S. Tyd Co., Ltd. is 250,000,000 won for the plaintiff Korea Tyd Co., Ltd.

Reasons

1. Basic facts

A. Plaintiffs’ patented invention of this case (hereinafter “Plaintiff Dworkp-Lighting”) is the patent holder of the following patented invention (hereinafter “instant patented invention”).

Plaintiff

The Korean Co., Ltd. (hereinafter referred to as “Plaintiff-Korean Co., Ltd.”) is an exclusive licensee who obtained an exclusive license for production, use, sale, etc. in the Republic of Korea with respect to the patented invention of this case from Plaintiff Dworkp-Lightingt and completed the registration of establishment on February 22, 2012.

As seen later, the patented invention of this case constitutes a patented-use invention by specifying the new use of the “pressing” already known prior to the filing of the patent application.

1) The title of the invention: The date of claiming a priority right for the use of pain therapy and its inducement 2) / the date of international filing / the date of filing (the date of filing of a translation): July 24, 1996 / July 16, 1997 / the date of patent registration / the date of expiration of the patent number/ the patent number/the date of expiration of the patent term (pre-determined) / the date of May 16, 2005 / 0491282/4 August 14, 2017) (the amended claims) are the following.

As seen in this paragraph, the correction request of Plaintiff Bpppper-Lighting was recognized and confirmed.

After that, on February 5, 2016, the Korean Intellectual Property Office made a correction publication by an invalidation trial.

(A) No. 1-3) 【Claims 1-(S)-3-(Aminethyl)-5-methyl acid (hereinafter “ Claim No. 1 invention of this case”) 【 Claim No. 1-,” and the remainder of claims are also described in the same manner. The general name of “(S)-3-(Aminethyl)-5-methyl acid” refers to “compic acid.” In 【 Claim No. 5(1)-, the treatment pain evidence No. 1-2, the treatment pain evidence No. 16 【 Claim No. 16-2 and 3’s removal, and the remainder of claims are omitted).

B. The Defendants’ drugs 1) Defendant Korea Oil & Drug Co., Ltd. (hereinafter “Defendant Korea Oil & Drug”)

section 2.2.

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