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(영문) 특허법원 2015.07.24 2014허6803
권리범위확인(특)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The title of the patented invention (A) 1: C2) filing date/registration date/registration number: D/E/F3: patentee: Plaintiff 4); claims 【 Claim 1】 claims shall be attached to a stuffed machine, respectively, (hereinafter “Composition 1”); the above products are used as a water network with a characteristic of the material being imprecied by the inter-sing process (hereinafter “Composition 2”); the main contents and main drawings of the claim 【 Claim 2】 [Attachment 1] claims 5] claims : (Attachment 1] claims 1

B. On May 30, 2014, the Plaintiff amended the invention subject to confirmation as stated in the instant trial decision (attached Form 2) [Attachment 3] [Attachment 2] in accordance with the correction order of the Intellectual Property Tribunal on May 30, 2014, and specified the invention subject to confirmation in the instant lawsuit.

It is called a "invention subject to confirmation" without distinguishing the two before and after the amendment.

The main contents and drawings relating to a specific “G” that the Plaintiff is conducting by the Defendant are as specified in attached Form 2.

C. On November 19, 2013, the Plaintiff asserted that the invention subject to confirmation falls under the scope of the right of claim 1 (hereinafter “instant Claim 1”) among the instant patented inventions, and filed a petition for an affirmative trial to confirm the scope of right. 2) The Intellectual Property Tribunal deliberated on the said petition as the case in 2013Da3032, and rendered a trial on July 30, 2014 on the ground that “the invention subject to confirmation does not fall under the same or equal scope as the instant Claim 1, and does not fall under the scope of the right of the instant patented invention.”

[Reasons for Recognition] A.1-3 Evidence, purport of whole pleading

2. Summary of the parties’ assertion

A. The term “singing by singing machines” of the instant Claim 1 invention is in the rewing mold.

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