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Reasons
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(영문) 특허법원 2019.09.06 2018허9275
권리범위확인(디)
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

(a) The design registration number of the instant registered design (Evidence A 2 and 3) 1 / the filing date / the registration date: C/D/E (name of a product: F3): The design right-holder: the Plaintiff;

(b) as a “F” in which the Defendant’s design subject to confirmation is being carried out, the drawings are as shown in Appendix 2.

C. Prior designs 1 to 23 are the same as prior designs 1 to 23 submitted in a trial for invalidation of design registration.

1) A design as to “aap sap sap sap extract” inserted in the Patent Gazette No. 2003-0318000 on April 23, 2003, which is prior design 1 (No. 1 evidence No. 1) and its drawings are as follows: (a) prior design 2 (No. 2) on December 23, 2004, published in the Patent Gazette No. 30-037042 of the Design Gazette No. 3042 on December 23, 2004; and (b) its drawings are as follows:

3) On May 31, 2005, the prior design 3 (No. 3) was inserted in the Patent Gazette No. 10-2005-005030 on May 31, 2005, and its drawings are as follows: (a) the prior design 4 (No. 4) on July 11, 2005, published in the Patent Gazette No. 10-205-07263 on July 11, 2005; and (b) the drawings are as shown in the attached Table 3.

5) On March 31, 2008, the prior design 5 (Evidence 5) of the Korean Intellectual Property Office published in the Patent Gazette No. 10-2008-002808080 on March 31, 2008, the drawings are “ma” as shown in attached Table 3. 6) On May 9, 2011, the prior design 6 (Evidence 6) of the Korean Intellectual Property Office published in the Patent Gazette No. 20-201-004537 of the Patent Gazette, and the drawings are as listed in attached Table 3.

7) On April 12, 2013, the prior design 7 (No. 7 evidence No. 7) relating to the “ashesheasheasheasheasheasheasheasheasheasheashea who enables easy assembly and separation of sapsheashea” inserted in the Patent Gazette No. 10-1254388 of the Patent Gazette, which is the drawings of the prior design 8 (No. 8) on October 6, 2011.

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