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(영문) 특허법원 2019.04.12 2018허5662
권리범위확인(특)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On February 8, 2018, the Defendant filed a claim against the Plaintiff for a trial to confirm the scope of rights of the instant patent invention on the ground that “The invention subject to confirmation indicated in Section (c) below (hereinafter “the invention subject to confirmation”) falls under free implementation technology; ② the Plaintiff’s patent invention described in Section (b) below (hereinafter “the instant patent invention”) is not recognized as an unlawful act of lack of description; ③ the invention subject to confirmation differs from the instant patent invention, and thus, the instant patent invention is not within the scope of the right of the instant patent invention; ③ the challenged invention subject to confirmation is not within the scope of the right of the instant patent invention; ② the Korean Intellectual Property Tribunal deliberated on it as 2018Da389; and on June 14, 2018, “the invention subject to confirmation falls under the scope of the Defendant’s patent invention subject to confirmation 1, 2, 5, and 6 (d) prior inventions 1, 2,5, and 6.” without examining the Defendant’s remaining patent invention subject to confirmation.

3) The Plaintiff dissatisfied with this and filed the instant lawsuit seeking the revocation of the instant trial decision. (b) The title of the instant patent invention (Evidence 2) invention: C2) filing date/registration date/registration number: D/E/Patent F3: the right holder: Plaintiff 4) The claim 【 Claim 1’s inserting into one connection group among the two connectors of the electronic stability devices 1’s claim 1’s claim 1’s inserting into one connection group, 3-pampers and 4-pampers with one electric gap, which is once installed in one electric gap among the two connectors of the power source, and the part emphasizing for the convenience of understanding the part 4-pampers of the power source.

(hereinafter the same shall apply);

The third transpers and fourth transpers composed of the electric guidance effect, shall be equipped with the third transpers, and the third subpers shall be different.

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