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(영문) 서울중앙지방법원 2019.08.14 2017가합582904
특허침해금지 등 청구의 소
Text

1. Other products with the same structure and form as stated in paragraph 1 of the instant lawsuit (attached Form 2) are also products of another name.

Reasons

1. Facts of recognition;

A. The Plaintiff’s patented invention is a corporation that manufactures and sells packaging containers, etc., such as cosmetics, and is a patentee of the following patented invention:

(B) The following patented invention is referred to as “instant patented invention.” The title of the claim 1 of the instant patented invention is referred to as “instant patented invention,” and the claim 1 of the instant patented invention is referred to as D2: D2 / the filing date/registration date/registration date: May 10, 2007; claims and major drawings: (b) (attached Form 3). The Defendant’s used invention is a corporation that manufactures and sells containers, etc., such as the cosmetics, as a corporation that manufactures and sells containers, etc., such as the cosmetics, and from June 2012 (attached Form 1) to the time of the closing of argument in the instant case.

(2) If the Defendant’s products are classified according to the structure and structure of the product, the following is the product type (attached Form 1) 1 Hubbro (Hube) I [Seoul High Court Decision 2015Na10280, Supreme Court Decision 2017Da25383 Decided 7) 2] J 3 Kubbro (Kube) L [each of the above judgments becomes final] M [each of the above judgments] 4 NaN 5 Da6 Mabro 85 Mabro 89 bro bro bro bro bro bro bro bro bro 2012]

C. 1) On November 2, 2012, the Defendant filed a petition for invalidation trial of the instant patent invention with the Intellectual Property Tribunal on November 2, 2012, and the Plaintiff filed a request for correction to correct the detailed description of the instant patent invention on April 22, 2013.

B) On December 6, 2013, the Intellectual Property Trial and Appeal Board received the Plaintiff’s request for correction and rendered a trial decision dismissing the Defendant’s request (2012Da2848). C) The Defendant filed a lawsuit seeking revocation of the said trial decision with the Patent Court, and the Patent Court made the Plaintiff’s request for correction on August 28, 2014.

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