logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 특허법원 2018.06.07 2017허7395
등록무효(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) On March 27, 2015, the Plaintiff asserted against the Defendant on the Intellectual Property Tribunal that “The claim 1, 11 through 16, 21 through 23, 25 through 30 of the instant patented invention was submitted to the person having ordinary knowledge in the technical field to which the invention pertains (hereinafter “ordinary technician”) at the trial stage of the instant invention 1 or the prior invention 1, 2, and 3, respectively, at the trial stage of the instant case, to the effect that “the nonobviousness is denied as it is easily possible to make an invention by combining them,” and that the Plaintiff filed for a trial for invalidation of the patent claim 1, 11 through 16, 21 through 23, 25, or 30 of the instant patented invention.”

(2) On August 26, 2015, the defendant at the above invalidation trial procedure:

B. As stated in paragraph (3), the correction request for correction of the claims of the instant patent invention (hereinafter “instant correction request”) was made.

(3) On August 23, 2017, the Korean Intellectual Property Tribunal recognized correction pursuant to the instant request for correction on the ground that “the instant request for correction is lawful and deleted claims 11, 12, 21, 13 through 16, 22, 23, 25, and 30 other than claims 1, 21, 21, 22, 23, and 25 through 30, are not denied the nonobviousness of the instant request for correction,” and dismissed the request for adjudication as to the deleted claims 11, 12, and 21, and the remaining claims 1, 13 through 16, 22, 23, and 25 through 30.”

B. The name of the Defendant’s patented invention (A) invention of this case: DP-IV (2) international filing date / priority claim / registration date / registration number : April 30, 2007 / May 4, 2006 / 29/ Claim 1 of 2014 / Claim 1 of the Patent Act / Claim 1 of December 29, 2014, selected from among the following compounds, as active ingredients / DP-IV (diptidylpetdydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydyddydyddyddyddyddyddumd 1; ninininininiludide 1; combination 2 of cobandots;

arrow