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(영문) 특허법원 2016.03.31 2015허5326
권리범위확인(디)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

(a) The name of the Defendant’s registered design 1)/registration date of B/C/D2: 3) the description and drawings of the design: E. B/D. The name of the product: E. (b) the description and drawings of the design: as shown in attached Form 2; (c) the date of application of 1 (Evidence 4) of the prior design; (d) the date of registration / the registration number / the name of the product of No. 183472 (b) on May 4, 1995 / the name of the floor board for cooking 3: 00 (Attached 3) of the Prior Design 2 (Evidence 5) of the Japan; (d) the date of publication of the design : 2) of the Prior Design 2 (No. 2) of the [Attachment 3] of the New Design 9-1 of the Japan and No. 94-2 of the Patent Gazette / 1942 of the 20-3 (No. 93) of the New Design : 20-1 of the New Design 19.3).

On February 6, 2015, the Plaintiff filed a claim against the Defendant for a trial to confirm the scope of right (2015Da405) by asserting that the challenged design differs from the registered design of this case and the registered design of this case are similar to the prior design 1, and that the challenged design does not fall under the scope of the right of the registered design of this case. (2) On July 15, 2015, the Intellectual Property Tribunal dismissed the Plaintiff’s request for a trial to confirm the scope of right (2015Da405).

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