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The judgment below
The part against the defendant shall be reversed, and that part of the case shall be remanded to the Patent Court.
The plaintiff.
Reasons
The grounds of appeal and the grounds of incidental appeal are examined.
1. Case summary
A. Review of the reasoning of the lower judgment and the evidence duly admitted by the lower court reveals the following facts.
1) A company A (hereinafter referred to as “A”)
(2) On April 19, 2002, the Plaintiff is a patentee of the instant patent invention (patent number I, patent right duration April 24, 201), the general name of which is F. The Plaintiff obtained import marketing approval for the Plaintiff’s product “J 2.5mg” from the Commissioner of the Korea Food and Drug Administration and imported and sold it to the Republic of Korea. (2) The Plaintiff’s product is subject to the health care benefit of the National Health Insurance Act, and the upper limit of the benefits was set and publicly notified as the medicine benefit list.
After that, on September 29, 2009, the plaintiff's product was announced that the change of the upper limit would take effect on April 25, 201.
3) On March 31, 2010, the Defendant filed a report with the Commissioner of the Korea Food and Drug Administration on manufacturing and selling items related to “M 2.5mg” of the Defendant’s products. The Defendant filed an application with the Director of the Health and Welfare Agency for the determination of the medical care benefit item related to the Defendant’s products of the same kind as that of the Plaintiff’s products. Meanwhile, the Defendant filed an application with the Director of the Health and Welfare Agency for the determination of the medical care benefit item related to the Defendant’s products, and submitted the expected time for the sale of the Defendant products after the expiration date of the patent right of the instant patent invention. The Minister of Health and Welfare determined the Defendant’s products as medical care benefit item and accordingly revised the Pharmaceutical Benefit List to U.S. Notice of the Ministry of Health and Welfare on June 25, 2010 (the enforcement date on July 1, 2010) to enter the Defendant’s products in the Pharmaceutical Benefit List (the Patent Court rendered a judgment that the patent registration of
5. The defendant is the head of the Health Insurance Review and Assessment Service on November 23, 2010, taking into account the progress of patent disputes over the patented invention of this case into account.