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(영문) 특허법원 2016.06.30 2015허4231
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. 1) Prior to the filing of the instant lawsuit, the Plaintiff (the Plaintiff at the time of filing the instant lawsuit, but was partially divided on August 4, 2015, and completed the registration by establishing the Plaintiff litigant, and the Plaintiff litigant succeeded to the rights and obligations regarding the instant lawsuit seeking revocation of the trial decision.

hereinafter referred to as "Plaintiff," regardless of whether before and after the filing of the lawsuit.

(2) On January 21, 2015, the Intellectual Property Tribunal filed a claim against the Defendant, a patentee, to the effect that the challenged invention does not fall under the scope of the Defendant’s patent invention’s patent claim 1 (hereinafter “instant Claim 1,” and the remainder of the claims are identical in the same manner). (2) On April 14, 2015, the Plaintiff submitted an amendment to the written request for a trial, etc. and amended the description and drawings of the challenged invention as shown in [attached Form].

3) After the Intellectual Property Tribunal examines the above case as 2015Da176, on May 29, 2015, according to the evidence Nos. 1 through 3 of the Prior Invention 5, the Prior Invention 1 through 5, respectively, published on November 18, 1986 in the Seoul Utility Model Gazette No. 61-040253, published on November 26, 1980, published on November 26, 195-1916 in the Japan Patent Gazette No. 5-15196, published on July 24, 2001, the Plaintiff’s invention, which was included in the Seoul Intellectual Property Gazette No. 201-19803, which was published on May 10, 1983, was not equipped with an “electric reciting lid 1, 206,” which was included in the Seoul Utility Model Gazette No. 5820-206, which was published on May 20, 2006.

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