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(영문) 특허법원 2020.07.16 2019허9104
등록무효(디)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

(a) The Defendant’s registered design 1) date/ the registration date/registration number: A product subject to design D/ E/F2: a description of the design, the main points of the creation, and drawings: as shown in attached Table 1 (main drawings are referred to below).

B. Prior Designs 1) Design 1 (No. 4) published on the Internet (G) on July 10, 201, 201, and H’s name, the specific form is as shown in Appendix 2-A(the main photograph is as follows). 2) Prior Design 2 (No. 5) published on August 9, 197 in the U.S. Patent Gazette (registration No. 4,040, 517) on August 9, 197, and is a design of the name “sick Transport Co., Ltd.” and its specific form is as shown in Appendix 2’s “B”.

(Main Drawings) (See the following: 3) A design published on the Internet (I) on May 4, 201, 201, prior designs 3 (No. 7) and its specific form is as follows (see attached Form 2-C. 4) prior designs 4 (No. 8) on September 6, 2007 (Evidence 8). The specific form is as follows:

(See Attached 2) A design 5 (No. 9) prior design on May 17, 2012, published on the Internet (K) on May 17, 2012. The specific form is as follows (see Attached 2-Ma, 6) prior design 6 (No. 12) (No. 137), published in the magazine published under the title "L" (No. 137) in the United States around March 2001, and its drawings are as follows:

(Main drawings are see the following:

(1) On June 14, 2019, the Plaintiffs filed a petition with the Defendant for a trial to invalidate the registered design of the instant case (2019Da1935). The registered design of the instant case is similar to one of the prior designs publicly notified prior to the filing of the application, and is ordinarily having ordinary knowledge in the field to which the design pertains (hereinafter “ordinary designer”).

1.1.20

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