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(영문) 특허법원 2016.11.04 2015허5760
등록무효(특)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On September 5, 2014, Defendants 2, 3, 8, 10, and 12 did not state a pharmacological effect on the invention of a medicine with valid ingredients, and thus, Defendants 1, 4 through 7, 9, 11, and 13 of the Korean Intellectual Property Trial and Appeal Board (Korea Intellectual Property Tribunal) filed claims against the Plaintiff on September 12, 2014, respectively, for the following reasons: “Claim 1, 13, 14, and 17 of the instant patent invention” against each of the Plaintiff as “the claim 1, 13, 14, and 17 of the instant patent invention does not satisfy the requirements for the specification, and thus, the nonobviousness of the instant patent invention should be readily invalidated by prior inventions 1 or prior inventions 1, 2014 and 14 of the instant patent invention.

- As described in paragraph 5, the correction was made to correct “including only the component (A) and (B)” as “containing the component (A) and component (B) as an effective component” (hereinafter “the correction invention of this case as a result of the correction request of this case”) and “the corrected claim” as “the corrected claim of this case.”

(3) On July 7, 2015, the Korean Intellectual Property Trial and Appeal Board integrated the above cases with a request for correction, and examined the case along with a request for correction. On July 7, 2015, the Plaintiff’s content of the request for correction of the instant case meets all the requirements for correction, and is lawful. Claim 1, 13, 14, and 17 of the instant corrected invention are denied by prior inventions 1 or a combination of prior inventions 1 and 1, and 2. The nonobviousness of the request is denied. The instant trial decision was rendered by the Defendants

B. Name of the invention of this case (Evidence A 2) 1: for the prevention and treatment of cryposis and high blood pressure.

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